182

Any person found guilty of false testimony in a civil case shall suffer the penalty of prision
correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in
controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if
the amount in controversy shall not exceed said amount or cannot be estimated.chanrobles
virtual law library

False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period shall be
imposed upon any person, who knowingly makes untruthful statements and not being
included in the provisions of the next preceding articles, shall testify under oath, or make
an affidavit, upon any material matter before a competent person authorized to administer
an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any
of the falsehoods mentioned in this and the three preceding articles of this section, shall
suffer the respective penalties provided therein.
183
Example of false testimony
He manages that money by giving a false testimony in court.
Some witnesses also claimed they had been threatened by police into giving false testimony.
False affidavit is the statutory offense of perjury in an affidavit authorized by law. It is a false
claim against the government, such having reference to the form of the paper rather than its legal
character.
In law an affirmation is a solemn declaration allowed to those who conscientiously object to
taking an oath.
183 element

na ang mga akusado ay gumawa ng isang pahayag sa ilalim ng panunumpa o isinagawa ang
isang affidavit sa isang materyal na bagay na mahalaga sa ilalim ng pagsisiyasat
An affidavit is a formal written statement setting out the facts of your case. The affidavit
becomes evidence in your case. . It is the main way you present evidence (facts of the case) to a
court.It must be sworn, or affirmed, usually before a Justice of the Peace, Commissioner of
Oaths or solicitor, as a true record. Affidavits may also be sworn by other people in support of
your case e.g. witnesses. The court has a precedent form to use
Why are affidavits important?

Affidavits present the facts you rely on for your case - your evidence. Oral (spoken) evidence is
only allowed with the Judge's permission so you need to prepare your affidavits carefully.

When do you file an affidavit?

In the Family Court, you need to file an affidavit with an interim application, response or when
directed by the Court. The Family Court has affidavit kits for applicants and respondents. They
include a blank affidavit form.

In the Federal Magistrates Court, you need to file an affidavit with your application or response,
for both interim and final orders, and when directed by the Court. The Federal Magistrates Court
has a blank affidavit form which can be used by applicants and respondents.

184
Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer in
evidence a false witness or testimony in any judicial or official proceeding, shall be
punished as guilty of false testimony and shall suffer the respective penalties provided in
this section.chanrobles

example is Dutch lawyer Alex van der Zwaan who was sentenced by a district judge in the
United States for lying to Federal Bureau of Investigation agents in connection with the ongoing
investigation by special counsel Robert Mueller on the alleged collusion between President
Trump’s 2016 presidential campaign and Russia. He is the son-in-law of one of Russia’s richest
men.

185
Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or promise as
a consideration for refraining from taking part in any public auction, and any person who shall
attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other
artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the
penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per
centum of the value of the thing auctioned.
Auction sale in which goods or property are sold to the highest bidder
An auction is a process of or offering them up for , taking bids, and then selling the item to the
highest bidder. The open ascending price auction is arguably the most common form of auction
in use today
What is Bidder
The bidder is the party offering to buy an asset from a seller at a specific price. A bidder can be
an individual or organization, and the potential purchase can be part of a multiparty transaction
or an auction. In most cases, the party selling the asset chooses the bidder who offers the highest
price.

Example: (i). In what purports to be an appointment paper or grant of a pardon bearing the
heading of the Office of the President (ii). Forging the signature in a private thank- you- letter is
falsification

Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision
correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall
be imposed upon:
1. Any person who shall enter into any contract or agreement or shall take part in any
conspiracy or combination in the form of a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free competition in the market;
2. Any person who shall monopolize any merchandise or object of trade or commerce, or
shall combine with any other person or persons to monopolize and merchandise or object in
order to alter the price thereof by spreading false rumors or making use of any other article
to restrain free competition in the market;
3. Any person who, being a manufacturer, producer, or processor of any merchandise or
object of commerce or an importer of any merchandise or object of commerce from any
foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire
or agree in any manner with any person likewise engaged in the manufacture, production,
processing, assembling or importation of such merchandise or object of commerce or with
any other persons not so similarly engaged for the purpose of making transactions
prejudicial to lawful commerce, or of increasing the market price in any part of the
Philippines, of any such merchandise or object of commerce manufactured, produced,
processed, assembled in or imported into the Philippines, or of any article in the manufacture
of which such manufactured, produced, or imported merchandise or object of commerce is
used.chanrobles virtual law library
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other
articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium
periods it being sufficient for the imposition thereof that the initial steps have been taken toward
carrying out the purposes of the combination.
Any property possessed under any contract or by any combination mentioned in the
preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of
the Philippines.chanrobles virtual law library
Whenever any of the offenses described above is committed by a corporation or association,
the president and each one of its agents or representatives in the Philippines in case of a
foreign corporation or association, who shall have knowingly permitted or failed to prevent
the commission of such offense, shall be held liable as principals thereof.chanrob

Monopolies
he exclusive possession or control of the supply of or trade in a commodity or service.
Examples: Microsoft and Windows, DeBeers and diamonds, your local natural gas company.

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of
prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both,
shall be imposed upon:
1. Any person who shall substitute the trade name or trade-mark of some other
manufacturer or dealer or a colorable imitation thereof, for the trademark of the real
manufacturer or dealer upon any article of commerce and shall sell the same;
2. Any person who shall sell such articles of commerce or offer the same for sale, knowing
that the trade-name or trade- mark has been fraudulently used in such goods as described
in the preceding subdivision;
3. Any person who, in the sale or advertising of his services, shall use or substitute the service
mark of some other person, or a colorable imitation of such mark; or
4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service
mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-
name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to
enable that other person to fraudulently use such trade-name, trade-mark, or service mark
on his own goods or in connection with the sale or advertising of his services.chanrobles
virtual law library
A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign
or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise,
for the purpose of enabling the public to distinguish the business of the person who owns and uses
said trade-name or trade-mark.
A service mark as herein used is a mark used in the sale or advertising of services to identify the
services of one person and distinguish them from the services of others and includes without
limitation the marks, names, symbols, titles, designations, slogans, character names, and
distinctive features of radio or other advertising.chanrobles virtual law library
Substituting definition, a person or thing acting or serving in place of another.
A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a
manufacturer or merchant in order to designate his or her.

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service

mark, fraudulent designation of origin, and false description. — The penalty provided in the
next proceeding article shall be imposed upon:
1. Any person who, in unfair competition and for the purposes of deceiving or defrauding
another of his legitimate trade or the public in general, shall sell his goods giving them the
general appearance of goods of another manufacturer or dealer, either as to the goods
themselves, or in the wrapping of the packages in which they are contained or the device or
words thereon or in any other features of their appearance which would be likely to induce
the public to believe that the goods offered are those of a manufacturer or dealer other than
the actual manufacturer or dealer or shall give other persons a chance or opportunity to do
the same with a like purpose.chanrobles virtual law library
2. Any person who shall affix, apply, annex or use in connection with any goods or services
or any container or containers for goods a false designation of origin or any false description
or representation and shall sell such goods or services.chanrobles virtual law library
3. Any person who by means of false or fraudulent representation or declarations orally or
in writing or by other fraudulent means shall procure from the patent office or from any
other office which may hereafter be established by law for the purposes the registration of a
trade-name, trade-mark or service mark or of himself as the owner of such trade-name,
trade-mark or service mark or an entry respecting a trade-name, trade-mark or service
mark.chanrobles virtual law library

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact
made by one person to another with knowledge of its falsity and for the purpose of inducing the
other person to act, and upon which the other person relies with resulting injury or damage.
Fraud may also be made by an omission or purposeful failure to state material facts, which
nondisclosure makes other

Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. —
The penalty of arresto mayor in its medium period to prision correccional in its minimum period
and a fine ranging from 300 to 1,000 pesos shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise
use any prohibited drug.chanrobles virtual law library
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian
hemp, their derivatives, and all preparations made from them or any of them, and such other
drugs, whether natural or synthetic, having physiological action as a narcotic
drug.chanrobles virtual law library
"Opium" embraces every kind, class, and character of opium, whether crude or prepared;
the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or
any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter
as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or
not for their use.chanrobles virtual law library chan robles virtual law library
"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza,
churruz, and ganjah embraces every kind, class and character of Indian hemp, whether
dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which
the resin has not been extracted, including all other geographic varieties whether used as
reefers, resin, extract, tincture or in any other form whatsoever.chanrobles virtual law
library
By narcotic drug is meant a drug that produces a condition of insensibility and melancholy
dullness of mind with delusions and may be habit-forming.chanrobles virtual law library
2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form,
in violation of the law.]
[Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto mayor and a fine
ranging from 100 to 300 pesos shall be imposed upon:
1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited
drug is used in any manner contrary to law; and
2. Any person who, not being included in the provisions of the next preceding article, shall
knowingly visit any dive or resort of the character referred to above.]
[Art. 192. Importation and sale of prohibited drugs. — The penalty of prision correccional in its
medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon
any person who shall import or bring into the Philippine Islands any prohibited drug.]
[The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to
another prohibited drug.]
[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited
drug. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any person who, not being authorized by law, shall possess any opium pipe or other
paraphernalia for smoking, injecting, administering or using opium or any prohibited
drug.chanrobles virtual law library
[The illegal possession of an opium pipe or other paraphernalia for using any other
prohibited drug shall be prima facie evidence that its possessor has used said drug.]
[Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision correccional
or a fine ranging from 300 to 10,000 pesos, or both shall be imposed upon any physician or
dentist who shall prescribe opium for any person whose physical condition does not require
the use of the same.]

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The penalty
of arresto mayor in its maximum period to prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed
upon any person who shall import into the Philippine Islands from any foreign place or port
any lottery ticket or advertisement or, in connivance with the importer, shall sell or
distribute the same.chanrobles virtual law library
Any person who shall knowingly and with intent to use them, have in his possession lottery
tickets or advertisements, or shall sell or distribute the same without connivance with the
importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos,
or both, in the discretion of the court.chanrobles virtual law library
The possession of any lottery ticket or advertisement shall be prima facie evidence of an
intent to sell, distribute or use the same in the Philippine Islands.chanrobles virtual law
library
Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding
200 pesos, or both, shall be imposed upon any person who shall bet money or any object or
article of value or representative of value upon the result of any boxing or other sports
contests.chanrobles virtual law library
Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding
200 pesos, or both, shall be imposed upon any person who except during the period allowed
 by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to
2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances,
shall maintain or employ a totalizer or other device or scheme for betting on horse races or
realizing any profit therefrom.chanrobles virtual law library
For the purposes of this article, any race held in the same day at the same place shall be held
punishable as a separate offense, and if the same be committed by any partnership,
corporation or association, the president and the directors or managers thereof shall be
deemed to be principals in the offense if they have consented to or knowingly tolerated its
commission.chanrobles virtual law library
Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200
pesos, or both, in the discretion of the court, shall be imposed upon:
1. Any person who directly or indirectly participates in cockfights, by betting money or other
valuable things, or who organizes cockfights at which bets are made, on a day other than
those permitted by law.chanrobles virtual law library
2. Any person who directly or indirectly participates in cockfights, at a place other than a
licensed cockpit.chanrobles virtual law library

For example, players of marbles games might wager marbles, and likewise games of Pogs or
Magic: The Gathering can be played with the collectible game pieces (respectively, small discs
and trading cards) as stakes, resulting in a meta-game regarding the value of a player's collection
of pieces.

A person engages in gambling if he stakes or risks something of value upon the outcome of a
contest of chance or a future contingent event not under his control or influence, upon an
agreement or understanding that he or someone else will receive something of value in the event
of a certain outcome. Gambling does not include bona fide business transactions valid under the
law of contracts, such as the purchase or sale at a future date of securities or commodities,
contracts of indemnity or guaranty and life, health or accident insurance.

Federal law defines illegal gambling activity as:

1. Is a violation of the law of the state in which it is conducted; and

2. (Involves five or more persons who conduct, finance, manage, supervise, direct or own all or part
of such business; and
3. Has been or remains in substantially continuous operation for a period in excess of thirty days, or
has a gross revenue of $2,000 in any single day.
State laws on illegal gambling activity vary by state and often include offenses for possessing
illegal gambling devices and promoting illegal gambling activity.

Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be imposed
upon any person who shall offend against decency or good customs by any highly scandalous
conduct not expressly falling within any other article of this Code.
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The
penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos, or
both such imprisonment and fine, shall be imposed upon:
(1) Those who shall publicly expound or proclaim doctrines openly contrary to public
morals;
(2) (a) the authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners/operators of the establishment selling the
same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or
immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other
purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs, established policies, lawful orders, decrees and
edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature
which are offensive to morals. (As amended by PD Nos. 960 and 969).
Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to work
and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or trampling
or wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall
be found loitering in any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose;
5. Prostitutes.chanrobles virtual law library
For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by
arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor
in its medium period to prision correccional in its minimum period or a fine ranging from
200 to 2,000 pesos, or both, in the discretion of the court.chanrobles virtual law library

1. When the lascivious acts done were committed at night in a private dwelling and at a
time when no one was present except the accused, the mistress of the house, and one
servant, then these circumstances do not constitute that degree of publicity which is an
essential element of the crime.
A. Concept: It is a crime consisting of the performance or doing any act which is highly
scandalous as to offend against decency and good custom.

1. The act, either a physical observable activity or audible noise, both of which
scandalizes those who see or hear them. As for instance the act of engaging in a torrid
 kissing, urinating or defecating or going around in scanty attire, or loud obscene sex
noises

2. They must be done either: (a) In a public place i.e where people usually go or
congregate such as in parks, movie houses, bazaars, malls. In these places the presence of
third persons is not required. (b) Within public knowledge or public view. This refers to
private houses, rooms, grounds, veranda, but the noises made are so loud or the acts can
be seen by third persons. The third person must not however be a Peeping Tom.

B. The act must not be punished under any other provision of the Code as this is a crime
of last resort or a catch-all crime.

C. The scandalous acts affect public morals or sensitivity and have nothing to do with
violations of public peace and tranquility. Thus two persons fighting or shouting at each
other in a public place would constitute Alarm and Scandal. But when these same two
persons engage in a strip tease contest in full view of people, the act would be Grave
Scandal.

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:

 Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to public morals
2. Authors of obscene literature, published with their knowledge in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs,
cinemas or any other place
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are
offensive to morals
 Morals: implies conformity to generally accepted standards of goodness or rightness in
conduct or character
 Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of
those who are open to immoral influences. A matter can also be considered obscene if it
shocks the ordinary and common sense of men as indecency.
 However, Art 201 enumerates what are considered as obscene literature or immoral or
indecent plays, scenes or acts:
 Mere nudity in paintings and pictures is not obscene
 Pictures w/ a slight degree of obscenity having no artistic value and intended for
commercial purposes fall within this article
 Publicity is an essential element
 1. those w/c glorify criminals or condone crimes
2. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
3. those w/c offend against any race or religion
4. those w/c tend to abet the traffic in and the use of prohibited drugs
5. those that are contrary to law, public order, morals, good customs, established policies,
lawful orders, decrees and edicts

33333

VAGRANTS AND PROSTITUTES:

 Who are considered vagrants:
1. Those who have no apparent means of subsistence and who have the physical ability to
work yet neglect to apply themselves to some useful calling
2. Persons found loitering around public and semi-public places without visible means of
support
3. Persons tramping or wandering around the country or the streets with no visible means of
support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may include even
the rich)
6. Persons found loitering in inhabited or uninhabited places belonging to others, without any
lawful or justifiable reason provided the act does not fall within any other article of the
RPC
If fenced and with prohibition of entry Trespass to dwelling
If fenced and entered to hunt/fish Attempted theft
If not fenced and with no prohibition of
entry Vagrancy
 Who are considered prostitutes – refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)