CRIMES AGAINST PUBLIC INTEREST FORGERIES

CRIMES CALLED FORGERIES

1. Counterfeiting the great seal of the Government of the Philippines, forging the
signature or stamp of the Chief Executive. (Art. 161) 1. Forging the seal of the Government, signature or stamp of the Chief
2. Using forged signature or counterfeit seal or stamp. (Art. 162) Executive. (Art. 161)
3. Making and importing and uttering false coins. (Art. 163) 2. Counterfeiting coins. (Art. 163)
4. Mutilation of coins, importation and uttering of mutilated coins. (Art. 164) 3. Mutilation of coins. (Art. 164)
5. Selling of false or mutilated coins, without connivance. (Art. 165) 4. Forging treasury or bank notes or other documents payable to bearer.
6. Forging treasury or bank notes or other documents payable to bearer, (Art. 166)
importing, and uttering of such false or forged notes and documents. (Art. 5. Counterfeiting instruments not payable to bearer. (Art. 167)
166) 6. Falsification of legislative documents. (Art. 170)
7. Counterfeiting, importing and uttering instruments not payable to bearer. (Art. 7. Falsification by public officer, employee or notary or ecclesiastical
167) minister. (Art. 171)
8. Illegal possession and use of forged treasury or bank notes and other 8. Falsification by private individuals. (Art. 172)
instruments of credit. (Art. 168) 9. Falsification of wireless, cable, telegraph and telephone messages. (Art.
9. Falsification of legislative documents. (Art. 170) 173)
10. Falsification by public officer, employee or notary. (Art. 171) 10. Falsification of medical certificates, certificates of merit or service. (Art.
11. Falsification by private individuals and use of falsified documents. (Art. 172) 174)
12. Falsification of wireless, cable, telegraph and telephone messages and use of
said falsified messages. (Art. 173)
13. False medical certificates, false certificates of merit or service. (Art. 174)
14. Using false certificates. (Art. 175)
15. Manufacturing and possession of instruments or implements for falsification. FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
(Art. 176) SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
16. Usurpation of authority or official functions. (Art. 177)
17. Using fictitious name and concealing true name. (Art. 178)
18. Illegal use of uniform or insignia. (Art. 179) Art. 161. Counterfeiting the great seal of the Government of the Philippine
19. False testimony against a defendant. (Art. 180) Islands, forging the signature or stamp of the Chief Executive. — The penalty
20. False testimony favorable to the defendant. (Art. 181) of reclusion temporal shall be imposed upon any person who shall forge the
21. False testimony in civil cases. (Art. 182) Great Seal of the Government of the Philippine Islands or the signature or
22. False testimony in other cases and perjury. (Art. 183) stamp of the Chief Executive.
23. Offering false testimony in evidence. (Art. 184)
24. Machinations in public auction. (Art. 185)
25. Monopolies and combinations in restraint of trade. (Art. 186) PUNISHABLE ACTS
26. Importation and disposition of falsely marked articles or merchandise made of 1. Forging the Great Seal
gold, silver, or other precious metals or their alloys. (Art. 187) 2. Forging the CE’s signature
27. Substituting and altering trademarks and trade names or service marks. (Art. 3. Forging the CE’s stamp
188)
28. Unfair competition and fraudulent registration of trade mark or trade name, or
GREAT SEAL
service mark; fraudulent designation of origin, and false description. (Art. 189)
- What it looks like
o Circular in form,
 o With arms consisting of paleways of two pieces, azure and gules;
o A chief argent studded with three golden stars equidistant from each
other;
o In point of honor, ovoid argent over the sun rayonnant
o With eight minor and lesser rays; in sinister base gules, the Lion Rampant
of Spain;
o In dexter base azure, the American eagle displayed proper;
o And surrounding the whole is a double marginal circle within which are
the words "Republic of the Philippines."
- Custody and use
o Custody of the CE
o Affixed to or placed upon:
▪ All commission signed by him
▪ Upon such other official documents and papers of the RP as may be
provided by law, custom, and usage in the discretion of the CE
APPLICATION
- When the CE’s signature is forged, it is not falsification. Art. 161 punishes
it as a distinct crime.
- The signature must be formed.
- If the Chief Executive left with his secretary a signature in blank, and a
document is written above it, the crime committed is not covered by Art.
161.
o The one applicable is Art. 171 or Art. 172.
Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty
of prision mayor shall be imposed upon any person who shall knowingly make
use of the counterfeit seal or forged signature or stamp mentioned in the
preceding article.
ELEMENTS
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.
APPLICATION
- The offender should not be the one who forged the great seal or signature
of the Chief Executive.
o Otherwise, he will be penalized under Art. 161.
- The act is that of an accessory but the penalty is only one degree lower.
o Note that the usual penalty is two degrees lower for accessories. This is
the exception.
COUNTERFEITING COINS
CRIMES INVOLVED
1. Making and importing and uttering false coins
2. Mutilation of coins – importation and utterance of mutilated coins
3. Selling of false and mutilated coin, without connivance
Art. 163. Making and importing and uttering false coins - Any person who
make, imports, or utters false coins, in connivance with counterfeiters, or
importers, shall suffer:
1. Prisión correccional in its minimum and medium periods and a fine not to
exceed Four hundred thousand pesos (₱400,000), if the counterfeited coins
be any of the coinage of the Philippines.
2. Prisión correccional in its minimum period and a fine not to exceed Two
hundred thousand pesos (₱200,000), if the counterfeited coin be currency of
a foreign country.
ELEMENTS
1. That there be false or counterfeited coins
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connived
with the counterfeiters or importers.
COIN
- Peace of metal stamped with certain marks and made current at a certain
value.
- When false or counterfeited
o Forged; or
o Not authorized by the Government as legal tender regardless of its
intrinsic value
- Minor coins
o Coins below ten-centavo denomination
- Former coins withdrawn from circulation may be counterfeited
o Ratio: possibility that the counterfeiter may later apply his trade to the
making of current coins
COUNTERFEITING
- Imitation of a legal or genuine coin
- May contain more silver than the ordinary coin
- When a spurious coin is made
- When there is an imitation of the peculiar design of a genuine coin
IMPORTATION
- To import fake coins means to bring them into port.
- It is complete before entry at the Customs House
UTTERING
- To pass counterfeited coins
- Includes their delivery or the act of giving them away
- A coin is uttered when:
o It is paid
o Offender is caught counting the coins before delivering them, even
though he may not obtain the gain he intended
KINDS OF COINS THE COUNTERFEITING OF WHICH IS PUNISHED
1. Silver coin of the Philippines or coin of the Central Bank of the
Philippines.
2. Coin of the minor coinage of the Philippines or of the Central Bank of
the Philippines.
3. Coin of the currency of a foreign country
a. Currency should actually be “money” which includes legal
tender and those out of circulation
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins -
The penalty of prisión correccional in its minimum period and a fine not to
exceed Four hundred thousand pesos (₱400,000) shall be imposed upon any
person who shall mutilate coins of the legal currency of the Philippines or
import or utter mutilated current coins, or in connivance with mutilators or
importers.
PUNISHABLE ACTS
- Mutilating coins of the legal currency, with the further requirement that there
be intent to damage or to defraud another.
- Importing or uttering such mutilated coins, with the further requirement that
there must be connivance with the mutilator or importer in case of uttering.
MUTILATION
- To take off part of the metal either by filing it or substituting it for another
metal of inferior quality.
- To diminish by ingenuous means the metal in the coin.
APPLICATION
- Only coins of legal tender are applicable.
o Meaning = legal tender = in circulation =/= withdrawn from circulation
- Foreign coins are not applicable.
Art. 165. Selling of false or mutilated coin, without connivance. — Any person
who knowingly, although without the connivance mentioned in the preceding
articles, shall possess false or mutilated coin with intent to utter the same, or
shall actually utter such coin, shall suffer a penalty lower by one degree than
that prescribed in said articles.
PUNISHABLE ACTS
1. Possession of coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated.
Elements:
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coin, knowing the same to be
false or mutilated.

Elements:
a. Actually uttering
b. Knowledge
APPLICATION
- Does not require that the counterfeited coin is legal tender
- But if the coin being uttered or possessed with intent to utter is a mutilated
coin, it must be legal tender coin, because of Article 164 to which Article
165 is related.
- Includes constructive possession = subjection of the thing to one’s control
o Ratio: offenders can evade the law by giving others actual, physical
possession of the thing although retaining constructive possession of it.
- If the false or mutilated coins are found in the possession of the
counterfeiters, or mutilators, or importers, such possession does not
constitute a separate offense, they are punishable under the previous
provisions and NOT here.
- Connivance not required with the counterfeiters, mutilators, or importers.
FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS, AND
SECURITIES
Art. 166. Forging treasury or bank notes or other documents payable to bearer;
Importing, and uttering such false or forged notes and documents - The forging
or falsification of treasury or bank notes or certificates or other obligations and
securities payable to bearer and the importation and uttering in connivance
with forgers or importers of such false or forced obligation or notes shall be
punished as follows:
1. By reclusion temporal in its minimum period and a fine not to exceed two
million pesos (₱2,000,000), if the document which has been falsified,
counterfeited, or altered is an obligation or security of the Philippines.
The words ‘obligation or security of the Philippines’ shall mean all bonds,
certificates of indebtedness, national bank notes, coupons, Philippine notes,
treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts
for money, drawn by or upon authorized officers of the Philippines, and other
representatives of value, of whatever denomination, which have been or may
be issued under any act of Congress.
2. By prisión mayor in its maximum period and a fine not to exceed one million
pesos (₱1,000,000), if the falsified or altered documents is a circulating note
issued by any banking association duly authorized by law to issue the same.
3. By arresto mayor in its medium period and a fine not to exceed one million
pesos (₱1,000,000), if the falsified or counterfeited document was issued by
a foreign government.
4. By prisión mayor in its minimum period and a fine not to exceed Four
hundred thousand pesos (₱400,000), when the forged or altered document is
a circulating note or bill issued by a foreign bank duly authorized therefor.
PUNISHABLE ACTS
1. Forging or falsification of treasury or bank notes or other documents
payable to bearer.
2. Importation of such false or forged obligations or notes.
3. Uttering of such false or forged obligations or notes in connivance with
the forgers or importers.
FORGING AND FALSIFICATION: HOW COMMITTED
- Forging
o 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
o To make false instrument intended to be passed for the genuine one
- Falsification
o By erasing, substituting, counterfeiting, or altering by any means, the
figures, letters, words, or signs contained therein
IMPORTATION OF FALSE OR FORGED OBLIGATIONS OR NOTES
- Definition
o To bring them in the Philippines
o Meaning, forged abroad
UTTERING FALSE OR FORGED OBLIGATIONS OR NOTES
- Definition 3. National bank notes
o Offering obligations or notes knowing them to be false or forged, a. Includes money bills
whether such offer is accepted or not, with a representation, by words or 4. Coupons
actions, that they are genuine and with an intent to defraud. 5. Treasury notes
- Uttering forged bill must be with connivance to constitute a violation of Art. 6. Fractional notes
166. 7. Certificates of deposits
8. Bills
NOTES AND OBLIGATIONS AND SECURITIES THAT MAY BE FORGED/FALSIFIED 9. Checks
10. Drafts for money
1. Treasury or bank notes 11. Other representatives of value issued under any statute
2. Certificates
3. Others payable to the bearer
Art. 167. Counterfeiting, importing and uttering instruments not payable to
bearer. - Any person who shall forge, import or utter, in connivance with the
PAYABLE TO BEARER forgers or importers, any instrument payable to order or other document of
- Meaning it can be negotiated by mere delivery. credit not payable to bearer, shall suffer the penalties of prisión correccional in
- When (Sec. 9, Negotiable Instruments Law) its medium and maximum periods and a fine not exceeding one million two
o Expressed to be so payable hundred thousand pesos (₱1,200,000).
o Payable to a person named therein or bearer
o Payable to the order of a fictitious or non-existing person, and such fact
was known to the person making it so payable ELEMENTS
o The name of the payee does not purport to be the name of any person 1. That there be an instrument payable to order or other document of
o The only or last indorsement is an indorsement in blank credit not payable to bearer.
2. That the offender either forged, imported or uttered such instrument.
3. That in case of uttering, he connived with the forger or importer.
APPLICATION
- Punished more severely than mere counterfeiting of coins
o Ratio APPLICATION
▪ Tends to bring such documents into discredit and the offense - Limited to instruments payable to order and NOT payable to bearer
produces a lack of confidence on the part of the holders of said - Payable to order when it is drawn payable to the order of a specified person
documents to the prejudice of the interests of society and of the State or to or his order
▪ Easier to forge or falsify such certificates, notes and documents of o Negotiated by indorsement and delivery
credit than to make counterfeit coins - Includes instruments or other documents of credit issued by a foreign
▪ The profit which is derived therefrom by the forger of such documents government bank
is greater and the incentive for the commission of such a crime more o Because one of the punishable acts is importing without specifying the
powerful. country issuing them
- Does not include PNB checks because they are commercial documents - Connivance is not required in uttering if the utterer is the forger.
o Punishable under falsification of commercial documents (Art. 172)
WHY FORGERY IS PUNISHED
INCLUSIONS OF OBLIGATION AND SECURITY 1. Maintain integrity of the currency
1. Bonds 2. Insure the government’s credit standing
2. Certificates of indebtedness
 3. Prevent the imposition on the public and government of worthless
notes or obligations
Art. 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit. — Unless the act be one of those coming under the
provisions of any of the preceding articles, any person who shall knowingly use
or have in his possession, with intent to use any of the false or falsified
instruments referred to in this section, shall suffer the penalty next lower in
degree than that prescribed in said articles.
ELEMENTS
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 —
a. using any of such forged or falsified instruments; or
b. possessing with intent to use any of such forged or falsified
instruments.
GENERALLY
- Intent to possess is not intent to use.
o Possession alone is not punishable. There must be a separate intent to
use the false treasury or bank notes.
o Information must allege the intent to use. Otherwise, dismissed.
o Intent to use is sufficient to consummate the crime when the offender is
in possession of the notes.
- The accused must have knowledge of the forged character of the note.
- Quantum of Proof
o Evidence must be presented that the number which the questioned bank
note bears does not check with the genuine one issued with the same
number.
o To rebut, the accused must satisfactorily explain his innocence because
knowledge of the false treasury or bank notes lies peculiarly with him.
APPLICATION
- Possession of counterfeit USD bills is punished under this provision.
o Ratio: counterfeit dollar bills are comprehended in the words, "any of the
false or falsified instruments referred to in this section.
- A person in possession of falsified document and who makes use of the
same is presumed to be material author of falsification.
- If an accused threw away the notes, he will not be liable whatever may be
his motive for throwing them.
Art. 169. How forgery is committed. — The forgery referred to in this section
may be committed by any of the following means:
1. By giving to a treasury or bank note or any instrument payable to bearer or
to order mentioned therein, the appearance of a true and genuine document.
2. By erasing, substituting, counterfeiting, or altering by any means the figures,
letters, words, or sign contained therein.
APPLICATION
- The crime of counterfeiting or forging treasury or bank notes or other
documents payable to bearer or to order includes
o Acts of counterfeiting or forging said instruments, and
o Acts of falsification.
PD 247 `
- PROHIBITING AND PENALIZING DEFACEMENT, MUTILATION, TEARING,
BURNING OR DESTRUCTION OF CENTRAL BANK NOTES AND COINS.
- That it shall be unlawful for any person to willfully deface, mutilate, tear,
burn or destroy, in any manner whatsoever, currency notes and coins issued
by the Central Bank of the Philippines; and
- That any person who shall violate this Decree shall, upon conviction, be
punished by a fine of not more than twenty thousand pesos and/or by
imprisonment of not more than five years.

FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE
DOCUMENTS, AND WIRELESS, TELEGRAPH, AND TELEPHONE MESSAGES
CLASSES OF FALSIFICATION
1. Falsification of legislative documents. (Art. 170)
2. Falsification of a document by a public officer, employee or notary
public. (Art. 171)
3. Falsification of a public or official, or commercial document by a private
individual. (Art. 172, par. 1)
4. Falsification of a private document by any person. (Art. 172, par. 2)
5. Falsification of wireless, telegraph and telephone messages. (Art. 173)
FORGERY v. FALSIFICATION
Forgery Falsification
Refers to the falsification and Commission of any of the 8 acts
counterfeiting of treasury or bank mentioned in Art. 171
notes or any instruments payable to
bearer or order
Art. 170. Falsification of legislative documents. - The penalty of prisión
correccional in its maximum two hundred thousand pesos (₱1,200,000) shall
be imposed upon any person who, without proper authority therefor alters any
bill, resolution, or ordinance enacted or approved or pending approval by
either House of Congress or any provincial board or municipal council.
ELEMENTS
1. That there be a bill, resolution or ordinance enacted or approved or
pending approval by either House of the Legislature or any provincial
board or municipal council.
a. Includes the city council and municipal board
2. That the offender alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
GENERALLY
- The bill, resolution or ordinance must be genuine.
o A fabricated or simulated document is not covered.
- The offender must not have any proper authority to alter the document.
o Thus, the offender can be anyone,
- Limited to mere alterations of the document. Any other act is punished
under Art. 171 and 172.
RA 248
- It prohibits the reprinting, reproduction or republication of government
publications and official documents without previous authority.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic
minister. - The penalty of prisión mayor and a fine not to exceed One million
pesos (₱1,000,000) shall be imposed upon any public officer, employee, or
notary who, taking advantage of his of position shall falsify a document by
committing any of the following acts:
1. Counterfeiting or using 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 participate;
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 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 a copy a
statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this
article, with respect to any record or document of such character that its
falsification may affect the civil status of persons.
 Necessary to specify the document falsified because when the
ELEMENTS document is executed with the intervention of a public officer,
1. That the offender is a public officer, employee, or notary public. Third employee or notary public, such document must necessarily be
2. That he takes advantage of his official position. element. a public or official document.
3. That he falsifies a document by committing any of the following acts: Offender Even if it is a private document, if it is in the official custody of
falsifies a public officer or employee or if it forms part of the official
a. Counterfeiting or imitating any handwriting, signature or rubric.
record, such public officer or employee will be punished under
b. Causing it to appear that persons have participated in any act
Art. 171.
or proceeding when they did not in fact so participate.
c. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them. DOCUMENT
d. Making untruthful statements in a narration of facts. - Any written statement by which a right is established or an obligation
e. Altering true dates. extinguished.
f. Making any alteration or intercalation in a genuine document - A writing or instrument by which a fact may be proved and affirmed
which changes its meaning. - Must be complete or have the appearance of a true and genuine document
g. Issuing in authenticated form a document purporting to be a - Must be apparent of legal efficacy
copy of an original document when no such original exists, or - What is covered
including in such copy a statement contrary to, or different from, o Public document
that of the genuine original.
o Official document
h. Intercalating any instrument or note relative to the issuance
o Mercantile document
thereof in a protocol, registry or official book.
- What is not covered
4. In case the offender is an ecclesiastical minister, the act of falsification
is committed with respect to any record or document of such character o Draft of a document
that its falsification may affect the civil status of persons. o Merchandise e.g. pamphlets
o A document invalid on its face
- Public officer - On simulation or fabrication
- Public employee o Should there always be a genuine document?
First
- Notary public ▪ No, falsification may be committed by simulation or fabrication.
element.
Persons - Ecclesiastical minister (4th element) ▪ Except: Acts 6, second part of 7, and 8
liable. o Falsification need not be made on an official form.
Minister is liable if he commits any of the acts with respect to
any record or document affecting the civil status of persons ▪ It is sufficient that the document is given the appearance of or made
to appear similar to the official one.
- When he has the duty to prepare or intervene in the
Second preparation of the document
element. ACT 1: Counterfeiting or feigning any handwriting, signature, or rubric
- He has the official custody of the document
Offender - Ways of committing
takes If the offender did not take advantage of his position, liable o Counterfeiting
advantage under Art. 172 as a private person ▪ Imitating any handwriting, signature, or rubric
Must pertain to his office or official functions ▪ There must be an original which is imitation
 ▪ Imitation need not be perfect
▪ If not all of its requisites are not present, accused may be liable under
Act 2.
o Feigning
▪ Simulating a handwriting, signature, or rubric out of one which does
not exist
▪ No original handwriting, signature, or rubric but a forgery of one that
does not exist
- Requisites of counterfeiting
o There be an intent or attempt to imitate
▪ May be shown by a comparison of the handwriting or signature on
the document alleged to have been falsified with the genuine
handwriting or signature supposed to have been counterfeited.
o The two bear some resemblance to each other
- Application
o Mere drawing up of a false document is NOT sufficient.
▪ The handwriting, signature, or make of another person must be made
without authority to do so.
o Making it appear that a person who does not know how to write has
o signed the document
▪ The resemblance must be such that it is likely to deceive an ordinary
person receiving or dealing with the document.
ACT 2: Causing it to appear that persons have participated in an act or a
proceeding
- Requisites
o That the offender caused it to appear in a document that a person or
persons participated in an act or a proceeding; and
o That such person or persons did not in fact so participate in the act or
proceeding.
- Application
o Imitation of the signature of the offended party not necessary
o If committed by a private individual, Art. 172 applies.
ACT 3: Attributing to persons who have participated in any act or proceeding
statements other than those in fact made by them
- Requisites
o That a person or persons participated in an act or a proceeding;
o That such person or persons made statements in that act or proceeding;
and
o That the offender, in making a document, attributed to such person or
persons statements other than those in fact made by such person or
persons.
ACT 4: Making untruthful statements in a narration of facts.
- Requisites
o That the offender makes in a document statements in a narration of facts;
o That he has a legal obligation to disclose the truth of the facts narrated
by him;
o That the facts narrated by the offender are absolutely false; and
o That the perversion of truth in the narration of facts was made with the
wrongful intent of injuring a third person.
- Generally
o First requisite.
▪ There must be a narration of facts, not of conclusion of law.
o Second requisite.
▪ Legal obligation means that there is a law requiring the disclosure of
such fact.
▪ Example: legal obligation to disclose the truth, inherent in residence
certificate.
o Third requisite.
▪ Person making the narration must be aware of the falsity.
▪ Must be absolutely false
• The rule is that if the statements are not altogether false, there
being some colorable truth in such statements, the crime of
falsification is not deemed to have been committed.
▪ The fact that one's consent to a contract was obtained by means of
violence does not make the facts narrated therein false.
o Fourth requisite
▪ Wrongful intent not essential when the document falsified is public
document.
▪ No falsification by one who acted in good faith.
o A person guilty of falsification by omission is liable under this act.

ACT 5: Altering true dates
- The date must be essential.
- Must affect either the veracity or effects of the document.
- Example
o Altering dates in official receipts to prevent the discovery of malversation
ACT 6: Makin alteration or intercalation in a genuine document which changes
its meaning
- Requisites
o That there be an alteration (change) or intercalation (insertion) on a
document;
o That it was made on a genuine document;
o That the alteration or intercalation has changed the meaning of the
document; and
o That the change made the document speak something false.
- The alteration must affect the integrity or change the effects of the
document.
o Ratio: if it does not happen then there could not exist the essential
element of the intention to commit the crime
- Application
o Alteration which speaks the truth is not falsification.
o Altering the grades in examination papers involves several acts of
falsification.
ACT 7: Issuing in authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from, that of the genuine original.
- Cannot be committed by the offender without taking advantage of his official
position.
- Can only be committed by a public officer o notary public since the
authentication of a document can be made only by the custodian or the one
who prepared or retained a copy of the original document.
- A private individual who cooperates with a public officer in this act is liable
under Art. 172 and suffers the same penalty.
- Intent to gain or prejudice not necessary.
o Ratio
▪ The official character of the offender is the main consideration of the
offense
▪ It is the interest of the community which is intended to be guaranteed
by the strictest faithfulness of the officials charged with the
preparation and preservation of the acts in which they intervene.
Art. 172. Falsification by private individual and use of falsified documents. -
The penalty of prisión correccional in its medium and maximum periods and a
fine of not more than One million pesos (₱1,000,000) shall be imposed upon:
1. Any private individual who shall commit any of the falsifications enumerated
in the next preceding article in any public or official document or letter of
exchange or any other kind of commercial document;
2. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
falsification enumerated in the next preceding article; and
3. Any person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the intent to cause such
damage, shall use any of the false documents embraced in the next preceding
article, or in any of the foregoing subdivisions of this article, shall be punished
by the penalty next lower in degree.
PUNISHABLE ACTS
1. Falsification of public, official or commercial document by a private
individual. (Paragraph No. 1)
2. Falsification of private document by any person. (Paragraph No. 2)
3. Use of falsified document. (Last paragraph)
PARAGRAPH 1: Falsification of public, official or commercial document by a
private individual
- Elements
o That the offender is a private individual or a public officer or employee
who did not take advantage of his official position.
o That he committed any of the acts of falsification enumerated in Art. 171.
 o That the falsification was committed in a public or official or commercial - All pleadings filed in court
document.
deed or instrument executed by a private person without the
- Damage or intent to cause damage not necessary.

Private
intervention of a notary public or other person legally authorized,
o Ratio: in contradistinction to private documents, the principal thing by which document some disposition or agreement is proved,
punished is the violation of the public faith and the destruction of the evidenced or set forth e.g. theater ticket
truth as therein solemnly proclaimed
any document defined and regulated by the Code of Commerce or
o Except if the document is private.
any other commercial law
o However, lack of malice or criminal intent may be a valid defense for the
accused. documents or instruments used by merchants or businessmen to
promote or facilitate trade
- Kinds of document
- Letters of exchange
a document created, executed or issued by a public official in
response to the exigencies of the public service, or in the - Trade acceptances
execution of which a public official intervened - Checks
- Notes
any instrument authorized by a notary public or a competent public
official, with the solemnities required by - Quedans

Commercial
law - Bonds
Public

- Books of accounts
Writings which are public under the ROC:
- Any negotiable instrument
- Written official acts or records of the sovereign authority, official
bodies, and tribunals, and public officer of any country - Warehouse receipts
- Notarized documents except last wills and testaments - Cash files
- Public records kept in the Ph of private documents required by - Deposit slips
law to be entered therein - Bank statements
- All others are already private. - Surety account
document which is issued by a public official in the exercise of the - Journal books
functions of his office. An official document is also a public - Ledger
document. It falls within the larger class called public - Air way bills
documents Cash disbursement vouchers are not commercial documents
- A document required by a bureau to be filled by its officers for
purposes of its record and information
Official

- When private document becomes public

- Receipt for taxes collected o A deed acknowledged before a notary public is a public document, and
- Burial permit in a criminal prosecution for falsification of document, the fact that the
- Receipt by the government upon the receipt of money for public falsification was committed before the document was presented to the
purposes notary does not alter the character of the crime as falsification of public
- Official cashbook of a public employee or officer document, if the document was presented to the notary by the party who
- A receipt printed in accordance with the standard forms required committed the falsification, or at his instance.
by the government
 o A private document may acquire the character of a public document when o Does not matter where the damage or attempt thereof took place
it becomes part of an official record and is certified by a public officer - Falsification has no attempted or frustrated stage.
duly authorized by law. o Ratio: consummated the moment the genuine is altered or a false
- Application document is executed.
o Mere blank form of an official document is not in itself a document. o Exception: there is a frustrated stage if the falsification is imperfect
▪ It must be filled and bear the counterfeit signature. - Application
o The possessor of a certificate of title is presumed to be the author of the o If a private document is falsified to conceal the misappropriation of the
falsification that made possible the transfer of title. money or other personal property which has been in the possession of
o The possessor of a falsified document is presumed to be the author of the offender, the crime committed is estafa with abuse of confidence only.
the falsification. o If the estafa was already consummated at the time of the falsification of
▪ Exception: petitioner prepared the voucher, considering that it was his the private document, or if the falsification of a private document was
official duty to prepare the payroll, vouchers, and other documents committed for the purpose of concealing the estafa, the falsification is
assigned to him is not a sufficient reason for the respondent court to not punishable, because as regards the falsification of the private
conclude that "there is no doubt that the forgery or falsification was document, there was no damage or intent to cause damage. The limited
effected by the appellant." damage that resulted was caused by the commission of estafa, not by
the falsification of the private document.
PARAGRAPH 2: Falsification of private document by any person o The crime is falsification of a public document, even if the falsification
- Elements took place before the private document becomes part of the public
records.
o That the offender committed any of the acts of falsification, except those
in paragraph 7, enumerated in Art. 171. - As a complex crime
o That the falsification was committed in any private document. Complex Intent to Complexed Nature of Offense
o That the falsification caused damage to a third party or at least the crime? cause with
falsification was committed with intent to cause such damage. damage?
- Requirements Public, Yes No - Estafa Falsification as a
o Counterfeited the false document official, - Malversation necessary means
commercial - Theft to commit
o Performed an independent act which operates to the prejudice of a third
another crime =
person - Etcetera complex crime of
▪ This is the element of damage. (other crime)
- Damage through
o "With the intent to cause such damage" means that the offender performs falsification
some other independent act in order to make use of it Private No Yes N/A Intent to cause
o Does not need to result to prejudice, mere intent is enough. damage is part of
o Damage may be material or not e.g. honor defining the crime
o It is not necessary that the offender profited or hoped to profit by the = simple crime of
falsification because intent is enough. falsification
- Court’s jurisdiction
o Where the falsification happened - Falsification through reckless imprudence
 Public, official, commercial Yes - That the false document - That the false document is embraced in
is embraced in Art. 171 Art. 171 or in any of subdivision No. 1
Private No because imprudence has no or in any subdivisions or 2 of Art. 172.
deliberate intent No. l o r 2 of Art. 172. - That he used such document (not
- That he introduced said injudicial proceedings).
o Yes. The director of a hospital who, having a contract with the Philippine document in evidence in - That the use of the false document
Veterans Board, for the cure and hospitalization of sick veterans at the any judicial proceeding. caused damage to another or at least it
rate of P10 a day per patient, signed a bill wherein it appeared that a was used with intent to cause such
patient was hospitalized for 31 days when said patient was confined damage.
there for only 6 days and collected P310, relying entirely upon his
personnel's reports, without in any way checking them or having Does not require damage Requires intent to cause damage if used in
someone check them for him is guilty of falsification through reckless any other proceeding other than judicial
imprudence. o Use of false document is not necessarily included in the crime of
o No. But in a case where the chief clerk of the municipal treasurer's office, falsification of a public document by a public officer or employee or by a
acting as local civil registrar, signed a certified copy of a record of birth private person.
prepared and initialed by a clerk in the office, who was the custodian of o Presumption that the user is the author
the register of births, and it turned out that the said copy contained ▪ Use was so closely connected in time with the falsification
falsities, it was held that the chief clearly was not guilty of falsification ▪ User had the capacity of falsifying the document
through reckless imprudence, because he had a right to rely on his
subordinate employee and it was not necessary for him to compare the
copy with the original entry in the registry of births.
- Falsification of public/official/commercial documents vs. private Art. 173. Falsification of wireless, cable, telegraph and telephone messages,
and use of said falsified messages. — The penalty of prision correccional in its
Public/official/commercial Private medium and maximum periods shall be imposed upon officer or employee of
As to intent Intent not needed Intent should be the Government or of any private corporation or concern engaged in the service
manifest of sending or receiving wireless, cable or telephone message who utters a
fictitious wireless, telegraph or telephone message of any system or falsifies
As to what is Violation of public faith and the Prejudice to a third party
the same.
punished perversion of truth which the
document solemnly proclaims
Any person who shall use such falsified dispatch to the prejudice of a third
party or with the intent of cause such prejudice, shall suffer the penalty next
PARAGRAPH 3: Use of falsified document lower in degree.
- Elements:
Introducing in a judicial Use in any other transaction PUNISHABLE ACTS
proceeding 1. Uttering fictitious wireless, telegraph or telephone message.
- That the offender knew - That the offender knew that a document 2. Falsifying wireless, telegraph or telephone message.
that a document was was falsified by another person. 3. Using such falsified message.
falsified by another
person.
ACT 1 & 2: Uttering fictitious wireless, telegraph or telephone message / telegram any message or communication which he knows to be not a
Falsifying wireless, telegraph or telephone message telegram, is punished by a fine not exceeding 100 pesos.
- Elements
o 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 FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR
sending or receiving wireless, cable or telephone message. SERVICE, AND THE LIKE
o That the offender commits any of the following acts:
▪ Uttering fictitious wireless, cable, telegraph or telephone message; or Art. 174. False medical certificates, false certificates of merits or service, etc. -
▪ Falsifying wireless, cable, telegraph, or telephone message. The penalties of arresto mayor in its maximum period to prisión correccional in
- Generally its minimum period and a fine not to exceed Two hundred thousand pesos
o Public officer to be liable must be engaged in the service of sending or (₱200,000) shall be imposed upon:
receiving wireless, cable, telegraph, or telephone message
1. Any physician or surgeon who, in connection with the practice of his
ACT 3: Using such falsified message profession, shall issue a false certificate; and
- Elements 2. Any public officer who shall issue a false certificate of merit of service, good
conduct or similar circumstances."
o That the accused knew that wireless, cable, telegraph, or telephone
message was falsified by any of the persons specified in the first
paragraph of Art. 173. The penalty of arresto mayor shall be imposed upon any private person who
o That the accused used such falsified dispatch. shall falsify a certificate falling within the classes mentioned in the two (2)
preceding subdivisions.
o 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.
- Generally APPLICATION
o Private individual cannot be a principal by direct participation - Definition of certificate
o Any writing by which testimony is given that a fact has or has not taken
▪ Only a principal by inducement place
▪ Exception: unless he is an employee of a corporation engaged in the - Certificate of large cattle is a public document
business of sending or receiving wireless, telegraph or telephone o Art. 171 if public officer
messages. o Art. 172 if private individual
▪ But if he knowingly uses any falsified telegraph, wireless or telephone - Certificate of residence for voting purposes
messages to the prejudice of a third person, or with intent to cause o Covered under this article.
such prejudice, it is not necessary that he be connected with such
corporation PERSONS LIABLE
Physician or - In connection with the practice False Medical
ACT NO. 1851 SECTION 4
surgeon of his profession, issued a false Certificate by a
- Punishes private individuals who forge or alter telegram certificate physician
- Any person who willfully forges or substantially alters a telegram or who - Must refer to the illness or injury
utters a telegram knowing the same to be forged, or who utters as a of a person
 Public officer - Issued a false certificate of merit False Certificate of in the commission of the offenses of counterfeiting or falsification mentioned
or service, good conduct or Merit or Service by a in the preceding section of this Chapter.
similar circumstances public officer
Private - Falsified a certificate falling in False Medical Any person who, with the intention of using them, shall have in his possession
individual the classes mentioned in Nos. 1 Certificate by a private any of the instruments or implements mentioned in the preceding paragraphs,
and 2 individual or False shall suffer the penalty next lower in degree than that provided therein.
Certificate of Merit or
Service by a private PUNISHABLE ACTS
individual 1. Making or introducing into the Philippines any stamps, dies, 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
Art. 175. Using false certificates. — The penalty of arresto menor shall be
by another person.
imposed upon any one who shall knowingly use any of the false certificates
mentioned in the next preceding article.
GENERALLY
ELEMENTS - It is not necessary that the implements confiscated form a complete set for
counterfeiting
1. That a physician or surgeon had issued a false medical certificate, or a
o It is enough that they may be used by themselves or together with other
public officer had issued a false certificate of merit or service, good
implements.
conduct, or similar circumstances, or a private person had falsified any
- Includes constructive possession and not only physical possession.
of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.

- When any of the false certificates mentioned in Art. 174 is used in the
judicial proceeding, Art. 172 does not apply, because the use of false
document in judicial proceeding under Art. 172 is limited to those false
documents embraced in Arts. 171 and 172.

MANUFACTURING, IMPORTING, AND POSSESSION OF INSTRUMENTS OR

IMPLEMENTS INTENDED FOR THE COMMISSION OF FALSIFICATION

Art. 176. Manufacturing and possession of instruments or implements for

falsification. - The penalty of prisión correccional in its medium and maximum
periods and a fine not to exceed One million pesos (₱1,000,000) shall be
imposed upon any person who shall make or introduce into the Philippines any
stamps, dies, marks, or other instruments or implements intended to be used
 OTHER FALSITIES
USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES,
UNIFORMS, AND INSIGNIA
Art. 177. Usurpation of authority or official functions. — Any person who shall
knowingly and falsely represent himself to be an officer, agent or representative
of any department or agency of the Philippine Government or of any foreign
government, or who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the Philippine
Government or any foreign government, or any agency thereof, without being
lawfully entitled to do so, shall suffer the penalty of prision correccional in its
minimum and medium periods.
PUNISHABLE OFFENSES
1. Usurpation of authority
2. Usurpation of official functions
WAYS OF COMMITTING
1. By knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine
Government or any foreign government.
- Mere act of knowingly and falsely representing is sufficient
- Not necessary to perform any other act
2. By performing any act pertaining to any person in authority or public
officer of the Philippine Government or of a foreign government or any
agency thereof, under pretense of official position, and without being
lawfully entitled to do so.
- Essential that the offender should perform an official function of the person
in authority or public officer
USURPER
- One who introduces himself into an office that is vacant, or who, without
color of title, ousts the incumbent and assumes to act as an officer by
exercising some of the functions of the office
APPLICATION
- There must be positive, express and explicit representation.
o The crime is not committed if the accused merely did not deny
- False representation may be shown by acts.
o No need to explicitly say he is an officer or agent.
o Thus, even in the absence of evidence that the accused represented
himself as a police officer, his acts in blowing his whistle, stopping buses
and ordering drivers to step down their passenger vehicles and produce
their driver's licenses, sufficiently establish his culpability for the crime of
usurpation of official functions under Art. 177.
- May be committed by a public officer because the provision says “any
person”
- Also applies to foreign governments
INAPPLICABILITY
- Does not apply to occupant under color of title. (I don’t understand though
may be color of title means “de facto”?)
o Article 177 of the Revised Penal Code, as amended, punishes the usurper
or one who acts under false pretenses and not the occupant under color
of title.
SEC. 1 RA 75
- Punishes any person who shall falsely assume and take upon himself to act
as a diplomatic, consular, or any other official of a foreign government duly
accredited as such to the Government of the Republic of the Philippines with
intent to defraud such foreign government or the Government of the
Philippines.
- The offender must have the intent to defraud either government.
- Additional penalties
o P 5,000; and/or
o Imprisonment for not more than 5 years.
RA 10
- Sec. 1. Any person who with or without pretense of official position, shall
perform any act pertaining to the Government, or to any person in authority
or public officer, without being lawfully entitled to do so, shall be punished
with imprisonment for not less than two years, nor more than ten years.
- The act performed, without the offender being lawfully entitled to do so, o Where a person takes the place of another who has been convicted by
must pertain (1) to the Government, or (2) to any person in authority, or (3) final judgment, he is guilty of using a fictitious name punishable under
to any public officer. Art. 178, and not of evasion of the service of the sentence, because the
o If the prosecution cannot prove that the act complained of was actually real convict alone is guilty thereof.
an act that the government, a person in authority, or public officer can o The prisoner who is replaced must necessarily use the name of another,
do by virtue of their functions, then there is no violation. and in this case he is also guilty of using a fictitious name to evade the
o In the absence of any specification of such government agency, person execution of the judgment against him.
in authority or public official — what public authority could the accused o Thus, both the original and the replacement are guilty of Art. 178.
have, or had he, allegedly usurped?
- Applicable only to members of seditious organization engaged in subversive ELEMENTS OF CONCEALING TRUE NAME
activities
1. That the offender conceals —
a. his true name; and
b. all other personal circumstances.
Art. 178. Using fictitious name and concealing true name - The penalty of 2. That the purpose is only to conceal his identity
arresto mayor and a fine not to exceed One hundred thousand pesos
(₱100,000) shall be imposed upon any person who shall publicly use a FICTITIOUS NAME v. CONCEALING TRUE NAME
fictitious name for the purpose of concealing a crime, evading the execution of
a judgment or causing damage. Fictitious Name Concealing True Name
On element of Necessary Not
Any person who conceals his true name and other personal circumstances shall publicity
be punished by arresto menor or a fine not to exceed Forty thousand pesos On purpose To conceal a crime, to Merely to conceal identity
(₱40,000). evade the execution of
judgment, or to cause
ELEMENTS OF FICTITIOUS NAME damage
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly. CA 142 (An Act to Regulate the Use of Aliases) AS AMENDED BY RA 6085
3. That the purpose of the offender is
a. to conceal a crime;
b. to evade the execution of a judgment; or AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE HUNDRED
c. to cause damage to public interest. FORTY-TWO REGULATING THE USE OF ALIASES.

GENERALLY FOR FICTITIOUS NAME
- Definition
o Any other name which a person publicly applies to himself without
authority of law is a fictitious name.
- Causing damage must be against public interest.
o If against private interest, estafa under Art. 315.
- To evade the execution of judgment or to conceal a crime
Section 1. Section one of Commonwealth Act Numbered One hundred forty-
two is hereby amended to read as follows:
"Sec. 1. Except as a pseudonym solely for literary, cinema, television, radio
or other entertainment purposes and in athletic events where the use of
pseudonym is a normally accepted practice, no person shall use any name
different from the one with which he was registered at birth in the office of
the local civil registry, or with which he was baptized for the first time, or, in
case of an alien, with which he was registered in the bureau of immigration
upon entry; or such substitute name as may have been authorized by a
competent court: Provided, That persons, whose births have not been
registered in any local civil registry and who have not been baptized, have
one year from the approval of this act within which to register their names
in the civil registry of their residence. The name shall comprise the
patronymic name and one or two surnames."
Section 2. Section Two of Commonwealth Act Numbered One hundred forty-
two is hereby amended to read as follows:
"Sec. 2. Any person desiring to use an alias shall apply for authority therefor
in proceedings like those legally provided to obtain judicial authority for a
change of name, and no person shall be allowed to secure such judicial
authority for more than one alias. The petition for an alias shall set forth the
person's baptismal and family name and the name recorded in the civil
registry, if different, his immigrant's name, if an alien, and his pseudonym, if
he has such names other than his original or real name, specifying the reason
or reasons for the use of the desired alias. The judicial authority for the use
of alias the Christian name and the alien immigrant's name shall be recorded
in the proper local civil registry, and no person shall use any name or names
other, than his original or real name unless the same is or are duly recorded
in the proper local civil registry."
Section 3. Section three of Commonwealth Act Numbered One hundred forty-
two, is hereby amended to read as Follows:
"Sec. 3. No person having been baptized with a name different from that
with which he was registered at birth in the local civil registry, or in case of
an alien, registered in the bureau of immigration upon entry, or any person
who obtained judicial authority to use an alias, or who uses a pseudonym,
shall represent himself in any public or private transaction or shall sign or
execute any public or private document without stating or affixing his real or
original name and all names or aliases or pseudonym he is or may have been
authorized to use."
Section 4. Commonwealth Act Numbered One hundred forty-two is hereby
amended by the insertion of the following new section to be designated
Section four to read as follows:
"Sec. 4. Six months from the approval of this act and subject to the provisions
of section 1 hereof, all persons who have used any name and/or names and
alias or aliases different from those authorized in section one of this act and
duly recorded in the local civil registry, shall be prohibited to use such other
name or names and/or alias or aliases."
Section 5. Section four of Commonwealth Act Numbered One hundred forty-
two is hereby amended to read as Section five, as follows:
"Sec. 5. Any violation of this Act shall be punished with imprisonment of from
one year to five years and a fine of P5,000 to P10,000."
- Intent to publicly use the alias must be manifest
o Must be more than mere communication to a third person
o Must be made openly or in an open manner or place or to cause it to
become generally known
o The user of the alias must have held himself out as a person who shall
publicly be known under that name
Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor
shall be imposed upon any person who shall publicly and improperly make use
of insignia, uniforms or dress pertaining to an office not held by such person
or to a class of persons of which he is not a member.
ELEMENTS
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.
APPLICATION
- Wearing the uniform of an imaginary office, not punishable.
- Exact imitation of the uniform is unnecessary
o A colorable resemblance calculated to deceive the common run of people
is sufficient.
- Refers to any office not just government office.

RA 75
- Punishes the use of uniform, decoration, or regalia of foreign state
o Sec. 3. Punishes by a fine not exceeding P200 or imprisonment not
exceeding 6 months, or both such fine and imprisonment, the
unauthorized wearing of any naval, military, police or other official
uniform, decoration or regalia of a foreign State, or one nearly resembling
the same, with intent to deceive or mislead.
RA 493
- Punishes the wearing of insignia, badge or emblem of rank of the members
of the Armed Forces
EO 297
- Punishes the illegal manufacture, sale, distribution and use of PNP uniforms,
insignias and other accoutrements
The unauthorized manufacture, sale and distribution of PNP uniforms,
insignias and other accoutrements is hereby prohibited. Any violation of this
rule shall, after due notice and hearing, result in the immediate closure of
the establishment, plant and/or office where the uniforms and other items
are manufactured, stored, sold and/or distributed, the cancellation of its
business license or permit, the condemnation, seizure and forfeiture of all
paraphernalia used or intended to be used in the manufacture, sale and/or
distribution and the imposition of reasonable administrative fines, without
prejudice to the filing of administrative, civil and/or criminal actions.
The use of PNP uniforms, insignias and other accoutrements by person who
is not a member of the unformed PNP personnel is also prohibited. Any
violation of this rule shall, after due notice and hearing, be penalized by
public censure which shall be published at least once in a newspaper of
general circulation without prejudice to the filing of administrative, civil
and/or criminal actions.
Any person who shall publicly and improperly make use of insignias,
uniforms or dress pertaining exclusively for uniformed PNP personnel and
the PNP of which he/she is not a member shall be criminally liable pursuant
to Article 179 of the Revised Penal Code.
FALSE TESTIMONY
FALSE TESTIMONY
- Committed by a 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.
THREE FORMS
1. False testimony in criminal cases. (Arts. 180 and 181)
2. False testimony in civil cases. (Art. 182)
3. False testimony in other cases. (Art. 183)
NATURE OF THE CRIME
- Odious when committed in judicial proceedings because it constitutes an
imposition upon the court and seriously exposes it to a miscarriage of
justice.
Art. 180. False testimony against a defendant. - Any person who shall give
false testimony against the defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have
been sentenced to death;
2. The penalty of prisión mayor, if the defendant shall have been sentenced to
reclusion temporal or reclusion perpetua;
3. The penalty of prisión correccional, if the defendant shall have been
sentenced to any other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to
a correctional penalty or a fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender shall
further a fine not to exceed Two hundred thousand pesos (₱200,000).
ELEMENTS
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 convicted in a final judgment. (People vs. Maneja, 72 Phil.
256)
5. (My addition) final judgment of conviction or acquittal of the defendant
in the main case
GENERALLY
- Penalty depends upon the sentence of the defendant against whom false
testimony was given.
o If the accused is convicted and sentenced to death and the witness is
prosecuted and convicted, the penalty to be imposed on that false
witness is reclusion temporal. On the other hand, if the accused is
acquitted, the penalty to be imposed on the false witness is arresto
mayor.
- Presupposes a final judgment of conviction or acquittal in the main case as
a prerequisite to the actionability of the crime of false testimony.
- Defendant must be sentenced at least to (1) a correctional penalty, or (2) a
fine, or (3) must be acquitted.
o If light penalty or below, Art. 180 not applicable.
- Offender still liable even if his testimony was not considered by the court.
o Ratio: the law intends to punish the mere giving of false testimony
Art. 181. False testimony favorable to the defendant. - Any person who shall
give false testimony in favor of the defendant in a criminal case, shall suffer the
penalties of arresto mayor in its maximum period of prisión correccional in its
minimum period and a fine not to exceed Two hundred thousand pesos
(₱200,000), if the prosecution is for a felony punishable by an afflictive penalty,
and the penalty of arresto mayor in any other case.
GENERALLY
- False testimony favorable to the defendant is equally repugnant to the
orderly administration of justice.
- Ratio for punishing false testimony in criminal cases
o Because of its tendency to favor or to prejudice the defendant.
- False testimony by negative statement is in favor of defendant.
- The false testimony in favor of defendant need not directly influence the
decision of acquittal.
- The false testimony favorable to the defendant need not benefit the
defendant.
o It is sufficient that the false testimony was given with intent to favor the
defendant.
o Thus, even if the defendant was convicted, offender is still liable.
- The alleged crime of the defendant should be shown in order to determine
the proper penalty to be imposed on the false witness.
- Conviction or acquittal of defendant not necessary, it is enough that he was
PROSECUTED.
- The defendant who falsely testified in his own behalf in a criminal case is
guilty of false testimony favorable to the defendant.
INAPPLICABILITY
- A statement by a witness that he is an expert in handwriting is a statement
of a mere opinion, the falsity of which is not sufficient to convict him.
o BUT if it is his testimony relative to his experience which is false, this not
being a statement of mere opinion, he may be liable.
- Rectification made spontaneously after realizing the mistake is not false
testimony.
Art. 182. False testimony in civil cases - Any person found guilty of false
testimony in a civil case shall suffer the penalty of prisión correccional in its
minimum period and a fine not to exceed One million two hundred thousand
pesos (₱1,200,000), if the amount in controversy shall exceed One million
pesos (₱1,000,000), and the penalty of arresto mayor in its maximum period
to prisión correccional in its minimum period and a fine not to exceed Two
hundred thousand pesos (₱200,000), if the amount in controversy shall not
exceed said amount or cannot be estimated.
ELEMENTS
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 said case.

GENERALLY
- Art. 182 applies only to ordinary civil cases
o Does not apply to special proceedings
▪ Settlement of estate of deceased persons;
▪ Escheat;
▪ Guardianship and custody of children;
▪ Trustees;
▪ Adoption;
▪ Rescission and revocation of adoption;
▪ Hospitalization of insane persons;
▪ Habeas corpus;
▪ Change of name;
▪ Voluntary dissolution of corporations;
▪ Judicial approval of voluntary recognition of minor natural children;
▪ Constitution of family home;
▪ Declaration of absence and death;
▪ Cancellation of correction of entries in the civil registry.
- The falsity of the testimony must first be established
o In other words, whether or not the testimonies of private respondents in
the civil cases are false is a prejudicial question. Hence, pending
determination of the falsity of the subject testimonies of private
respondents in the civil case, the criminal action for false testimony must
perforce be suspended.
- Penalty depends on the amount of the controversy
o Prisión correccional in its minimum period and a fine not to exceed One
million two hundred thousand pesos (₱1,200,000), if the amount in
controversy shall exceed One million pesos (₱1,000,000)
o Arresto mayor in its maximum period to prisión correccional in its
minimum period and a fine not to exceed Two hundred thousand pesos
(₱200,000), if the amount in controversy shall not exceed said amount
or cannot be estimated
Art. 183. 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.
WAYS OF COMMITTING PERJURY
1. By falsely testifying under oath; and
- Should not be done under a judicial proceeding
2. By making a false affidavit.
ELEMENTS OF PERJURY
1. That the accused made a statement under oath or executed 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. (People vs. Bautista, C.A., 40 O.G. 2491)
GENERALLY
- Definition of Oath
o Any form of attestation by which a person signifies that he is bound in
conscience to perform an act faithfully and truthfully. It involves the idea
of calling on God to witness what is averred as truth, and it is supposed
to be accompanied with an invocation of His vengeance, or a renunciation
of His favor, in the event of falsehood.
- Definition of affidavit
o A sworn statement in writing; a declaration in writing, made upon oath
before an authorized magistrate or officer.
- A false affidavit to a criminal complaint may give rise to perjury
- “Person authorized to administer oath”
o A person who has a right to inquire into the questions presented to him
upon matters under his jurisdiction
 o No perjury if defendant subscribed and swore before a clerk in treasurer's
office because such clerk is not a competent person authorized to FOURTH ELEMENT: REQUIRED BY LAW
administer oaths - “Requires” may be considered as “authorizes”
- The assertion of falsehood must be willful and deliberate because the law o Hence, even if there is no law requiring the statement to be made under
requires that the offender “knowingly makes untruthful statements” oath, as long as it is made for a legal purpose, it is sufficient.
o Thus, no perjury through negligence or imprudence. - People v. Angangco
- Perjury is a distinct crime from false testimony. o The term "requires" in the phrase mentioned should have a permissive
o False testimony is a perversion of truth in judicial proceedings. Thus, — not mandatory — effect so as to make the said phrase read: "in cases
there must be an actual trial. in which the law so authorizes." Hence, it is not necessary that there be
o Perjury is an offense which covers false oaths other than those taken in a specific provision of law requiring the affidavit to be made in the
the course of judicial proceedings. particular case. It is sufficient that the oath had been administered with
- Possible defenses a view of carrying into effect a legal purpose intended.
o Good faith
o Lack of malice
- The presence of two contradictory sworn statements does not automatically POLICY OF THE LAW ON PERJURY
give rise to perjury. - Perjury strikes at the very administration of the laws.
o The prosecution must prove which of the two statements is false, and - It is the policy of the law that judicial proceedings and judgment shall be
must show that statement to be false by other evidence fair and free from fraud, and that litigants and parties be encouraged to tell
o A gave a testimony under oath before the fiscal during the preliminary the truth and that they be punished if they do not.
investigation, which he contradicted during trial. If his testimony before
the fiscal is false, it is perjury. If his testimony before the court is false, it SUBORNATION OF PERJURY
is false testimony in a judicial proceeding.
- Committed d by a person who knowingly and wilfully procures another to
swear falsely and the witness suborned does testify under circumstances
MATERIAL MATTER rendering him guilty of perjury.
- Definition of Material Matter - Not expressly punished by the RPC but it still punishable under Art. 183 in
o It is the main fact which is the subject of the inquiry or any circumstance relation to Art. 17 as he would be a principal by inducement.
which tends to prove that fact, or any fact or circumstance which tends
to corroborate or strengthen the testimony relative to the subject of CASES
inquiry, or which legitimately affects the credit of any witness who
- Example of the statement under oath is the basis of the charge of perjury.
testifies.
o B made a statement falsely charging O with estafa, that is, that the latter
- There must be competent proof of material.
borrowed from him an English manuscript entitled "Manual of Exercises
- No perjury if sworn statement is not material to the principal matter under
on Correcting Everyday Errors," and that when he demanded its return,
investigation.
O denied having received it. B made it under oath in the preliminary
- Material v. Relevant v. Pertinent
investigation before the Justice of the Peace, a competent officer
Material Relevant Pertinent
authorized to administer oath. B's statement constitutes a material matter
When it is directed to When it tends in any When it concerns and is a deliberate falsehood, because O never borrowed the manuscript.
prove a fact in issue reasonable degree to collateral matters Held: B is guilty of perjury.
establish the which make more or - Example of a false affidavit as the basis of the charge of perjury
probability or less probable the o The accused Rufo B. Cruz filled up an application blank (Civil Service Form
improbability of a fact proposition at issue No. 2) for the patrolman examination. He stated therein that he had never
in issue
 been accused, indicted or tried for violation of any law, ordinance or
regulation before any court, when in truth and in fact, as the accused well
knew, he had been prosecuted and tried before the Justice of the Peace
Court of Cainta, Rizal, for different crimes. The application was signed
and sworn to by him before the municipal mayor.
- A sworn statement containing a falsity made by a witness in preliminary
examination which leads to the issuance of a warrant of arrest may constitute
perjury because the Revised Administrative Code requires that in a
preliminary investigation of a criminal case all the witnesses, including the
complainant, must be examined under oath.
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.
ELEMENTS
1. That the offender offered in evidence a false witness or false testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in a judicial or official proceeding.
GENERALLY
- When offer in evidence a false witness or testimony begins under Sec. 35
Rule 132
o At the moment a witness is called to the witness stand and interrogated
by counsel. The witness must have to testify.
- Is the person who presented a false witness liable under Art. 184, even if
the false witness did not testify on any material matter because the latter
desisted from testifying?
o Yes for the offeror. BUT the witness who desisted is not liable because
desistance during the attempted stage of execution is an absolutory
cause which exempts him from criminal liability.
- ART. 184 applies when there is no inducement but he knows that the
witness is false or that the testimony is false.
o If there is an inducement, Art. 180, Art. 181, Art. 182, or Art. 183, in
relation to Art. 17, par. 2, will apply.
FRAUDS
CRIMES
1. Machinations in public auctions. (Art. 185)
2. Monopolies and combinations in restraint of trade. (Art. 186)
3. 3. Importation and disposition of falsely marked articles or merchandise
made of gold, silver or other precious metals. (Art. 187)
4. 4. Substituting and altering trademarks and tradenames or service
marks. (Art. 188)
5. 5. Unfair competition, fraudulent registration of tradename, trademark,
or service mark; fraudulent designation of origin and false description.
(Art. 189)
MACHINATIONS, MONOPOLIES, AND COMBINATIONS
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.
PUNISHABLE ACTS
1. By soliciting any gift or promise as a consideration for refraining from
taking part in any public auction.
2. By attempting to cause bidders to stay away from an auction by threats,
gifts, promises or any other artifice.
RATIO FOR THE PROVISION
- Execution sales should be opened to free and full competition in order to
secure the maximum benefit for the debtors.
FIRST ACT: Soliciting
- Elements
o That there be a public auction.
o That the accused solicited any gift or a promise from any of the bidders.
 o That such gift or promise was the consideration for his refraining from
taking part in that public auction.
o That the accused had the intent to cause the reduction of the price of the
thing auctioned.
- Not required that the proposer does not take part in any public action.
o Crime is consummated by mere solicitation as consideration for not
bidding.
o If the proposee agrees to the solicitation, he will be a principal in the
second act.
SECOND ACT: Attempting to cause bidders to stay away
- Elements
o That there be a public auction.
o That the accused attempted to cause the bidders to stay away from that
public auction.
o That it was done by threats, gifts, promises or any other artifice.
o That the accused had the intent to cause the reduction of the price of the
thing auctioned.
- “Other artifice”
o Includes tricks such as telling the bidders that the bidding will be held at
a different time or place.
- Mere attempt consummates the crime.
o The threat or act does not need to be effective
Bid suppression Agreements among competitors to refrain from
bidding or to withdraw a submitted bid for the
designated winners
Conspiring bidders take turns in winning
Bid rotation
Market allocation Bidders carve up the market and agree not to
compete for certain customers or in certain areas
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;

PHILIPPINE COMPETITION ACT

- Prohibits fixing prices at an auction or in any form of bidding between
competitors.
- Bid manipulation
o Occurs when businesses, expected to compete, secretly conspire to raise
process or lower the quality of goods or services for purchases who wish
to acquire them through a bidding process.
- Common bid manipulation practices
Bid cover Bidders agree to submit bids that involve at least one
of the following:
- Competitor agrees to submit a bid that is higher
than the designated winner’s bid
- Competitor submits a bid that is known to be too
high to be accepted
- Competitor submits a bid that contains
unacceptable special terms
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.
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.
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.
GENERALLY
- Repealed by the Philippine Competition Act RA 10667
- Violations under this provision before RA 10667 may continue to be
prosecuted except if barred by prescription and subject to RA 10667
- Theoretical basis
o Competition should be the law of trade and not combination.
- Any property possessed under any contract or combination contemplated
in this article, shall be forfeited to the Government.
- Mere conspiracy or combination is punished.
- If the monopolies and combinations in restraint of trade affect any food
substance, motor fuel or lubricants or other article of prime necessity, it is
sufficient for the imposition of a higher penalty that the initial steps have
been taken toward carrying out the purposes of combination.
WHO ARE LIABLE
- Who are principally liable if offense is committed by a private juridical
person:
o President
o Directors
o Managers
- This is the exception to the rule that a director or other officer of a
corporation is not liable criminally for the corporate acts performed by other
officers or agents thereof.
- Liable only when they
o Knowingly permitted; or
o Failed to prevent the commission of such offenses
RA 7581 PRICE ACT
Section 5. Illegal Acts of Price Manipulation. – Without prejudice to the
provisions of existing laws on goods not covered by this Act, it shall be
unlawful for any person habitually engaged in the production, manufacture,
importation, storage, transport, distribution, sale or other methods of
disposition of goods to engage in the following acts of price manipulation
of the price of any basic necessity or prime commodity:
(1) Hoarding
a. Undue accumulation by a person or combination of persons
of any basic commodity beyond his or their normal inventory
levels
b. Unreasonable limitation or refusal to dispose of, sell or
distribute the stocks of any basic necessity of prime
commodity to the general public
c. Unjustified taking out of any basic necessity or prime
commodity from the channels of reproduction, trade,
commerce and industry.
(2) Profiteering which is the sale or offering for sale of any basic necessity or
prime commodity at a price grossly in excess of its true worth.
(3) Cartel, which is any combination of or agreement between two (2) or
more persons engaged in the production, manufacture, processing, storage,
supply, distribution, marketing, sale or disposition of any basic necessity or
prime commodity designed to artificially and unreasonably increase or
manipulate its price.
Section 15. Penalty for Acts of Illegal Price Manipulation. – Any person who
commits any act of illegal price manipulation of any basic necessity or prime
commodity under Section 5 hereof shall suffer the penalty of imprisonment
for a period of not less than five (5) years nor more than Fifteen (15) years,
and shall be imposed a fine of not less than Five thousand pesos (P5,000)
nor more than Two million pesos (P2,000,000).
 FRAUDS IN COMMERCE AND INDUSTRY
Art. 187. Importation and disposition of falsely marked articles or merchandise
made of gold, silver, or other precious metals or their alloys. - The penalty of
prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to
Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any
person who shall knowingly import or sell or dispose of any article or
merchandise made of gold, silver, or other precious metals, or their alloys, with
stamps, brands, or marks which fail to indicate the actual fineness or quality of
said metals or alloys.
Any stamp, brand label, or mark shall be deemed to fail to indicate the actual
fineness of the article on which it is engraved, printed, stamped, labeled or
attached, when the test of the article shows that the quality or fineness thereof
is less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand,
label or mark. But in case of watch cases and flatware made of gold, the actual
fineness of such gold shall not be less than more than three one-thousandth
than the fineness indicated by said stamp, brand, label, or mark.
ARTICLES OR MERCHANDISE INVOLVED
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys
ELEMENTS
1. That the offender imports, sells or disposes of any of those articles or
merchandise.
2. That the stamps, brands, or marks of those articles of merchandise fail
to indicate the actual fineness or quality of said metals or alloys.
3. That the offender knows that the stamps, brands, or marks fail to
indicate the actual fineness or quality of the metals or alloys.
GENERALLY
- Not necessary that the articles involved be sold and the public be actually
deceived. Mere importation is enough.
- This provision does not apply to manufacturer of misbranded articles but he
is liable for estafa (Art. 315 subdivision 2(b))
REPEALED BY RA 8293
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.
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.
PUNISHABLE ACTS
 1. By (1) substituting the tradename or trademark of some other
manufacturer or dealer, or a colorable imitation thereof, for the trade
name or trademark of the real manufacturer or dealer upon any article
of commerce, and (2) selling the same.
2. By selling or by offering for sale such articles of commerce, knowing
that the tradename or trademark has been fraudulently used.
3. By using or substituting the service mark of some other person, or a
colorable imitation of such mark, in the sale or advertising of his
services.
4. By printing, lithographing or reproducing tradename, trademark, or
service mark of one person, or a colorable imitation thereof, to enable
another person to fraudulently use the same, knowing the fraudulent
purpose for which it is to be used.
PUNISHABLE ACTS
1. By selling his goods, giving them the general appearance of the goods
of another manufacturer or dealer. (Unfair competition)
2. 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. (Fraudulent designation of
origin; False description)
3. By procuring fraudulently from the patent office the registration of trade
name, trademark or service mark. (Fraudulent registration)

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.

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.

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.
 RA 10667 PHILIPPINE COMPETITION ACT
FACT-FINDING COMMITTEE
Section 31. Fact Finding; Preliminary Inquiry. – The Commission, motu proprio,
or upon the filing of a verified complaint by an interested party or upon referral
by a regulatory agency, shall have the sole and exclusive authority to initiate
and conduct a fact-finding or preliminary inquiry for the enforcement of this Act
based on reasonable grounds.
If the evidence so warrants, the Commission may file before the DOJ criminal
complaints for violations of this Act or relevant laws for preliminary
investigation and prosecution before the proper court. The DOJ shall conduct
such preliminary investigation in accordance with the Revised Rules of Criminal
Procedure.
ANTI-COMPETITIVE AGREEMENTS
Section 14. (a) The following agreements, between or among competitors, are
per se prohibited:
(1) Restricting competition as to price, or components thereof, or other
terms of trade;
(2) Fixing price at an auction or in any form of bidding including cover
bidding, bid suppression, bid rotation and market allocation and other
analogous practices of bid manipulation;
(b) The following agreements, between or among competitors which have the
object or effect of substantially preventing, restricting or lessening competition
shall be prohibited:
(1) Setting, Kmiting, or controlling production, markets, technical
development, or investment;
(2) Dividing or sharing the market, whether by volume of sales or
purchases, territory, type of goods or services, buyers or sellers or any
other means;
(c) Agreements other than those specified in (a) and (b) of this section which
have the object or effect of substantially preventing, restricting or lessening
competition shall also be prohibited: Provided, Those which contribute to
improving the production or distribution of goods and services or to promoting
technical or economic progress, while allowing consumers a fair share of the
resulting benefits, may not necessarily be deemed a violation of this Act.
An entity that controls, is controlled by, or is under common control with
another entity or entities, have common economic interests, and are not
otherwise able to decide or act independently of each other, shall not be
considered competitors for purposes of this section.
CRIMINAL PENALTIES
Section 30. Criminal Penalties. – An entity that enters into any anti-competitive
agreement as covered by Chapter III, Section 14(a) and 14(b) under this Act
shall, for each and every violation, be penalized by imprisonment from two (2)
to seven (7) years, and a fine of not less than fifty million pesos
(P50,000,000.00) but not more than two hundred fifty million pesos
(P250,000,000.00). The penalty of imprisonment shall be imposed upon the
responsible officers, and directors of the entity.
When the entities involved are juridical persons, the penalty of. imprisonment
shall be imposed on its officers, directors, or employees holding managerial
positions, who are knowingly and willfully responsible for such violation.
NOLO CONTENDERE
Section 36. Nolo Contendere. – An entity charged in a criminal proceeding
pursuant to Section 14(a) and 14(b) of this Act may enter a plea of Nolo
Contendere, in which he does not accept nor deny responsibility for the charges
but agrees to accept punishment as if he had pleaded guilty. The plea cannot
be used against the defendant entity to prove liability in a civil suit arising from
the criminal action nor in another cause of action: Provided, That a plea of Nolo
Contendere may be entered only up to arraignment and subsequently, only
with the permission of the court which shall accept it only after weighing its
effect on the parties, the public and the administration of justice.
AGREEMENT
Section 4 (b). Agreement refers to any type or form of contract, arrangement,
understanding, collective recommendation, or concerted action, whether formal
or informal, explicit or tacit, written or oral.
WHAT ARE NOT COMPETITORS
- An entity that controls or is controlled by other entities that have common
economic interests and are not able to decide independently of each other
- Definition of entity
o Sec. 4(h). Any person, natural or juridical, sole proprietorship,
partnership, combination or association in any form, whether
incorporated or not, domestic or foreign, including those owned or
controlled by the government, engaged directly or indirectly in any
economic activity
- Definition of control
o Sec. 4(f). The ability to substantially influence or direct the actions or
decisions of an entity, whether by contract, agency or otherwise
PROHIBITED ACTS WITH ADMINISTRATIVE PENALTIES
1. Abuse of dominant position
2. Prohibited mergers and acquisitions
3. Compulsory notification for mergers or acquisitions where value
exceeds Php 1 billion
Abuse of Dominant Position
Section 15. Abuse of Dominant Position. – It shall be prohibited for one or
more entities to abuse their dominant position by engaging in conduct that
would substantially prevent, restrict or lessen competition:
(a) Selling goods or services below cost with the object of driving competition
out of the relevant market: Provided, That in the Commission’s evaluation of
this fact, it shall consider whether the entity or entities have no such object and
the price established was in good faith to meet or compete with the lower price
of a competitor in the same market selling the same or comparable product or
service of like quality;
(b) Imposing barriers to entry or committing acts that prevent competitors from
growing within the market in an anti-competitive manner except those that
develop in the market as a result of or arising from a superior product or
process, business acumen, or legal rights or laws;
(c) Making a transaction subject to acceptance by the other parties of other
obligations which, by their nature or according to commercial usage, have no
connection with the transaction;
(d) Setting prices or other terms or conditions that discriminate unreasonably
between customers or sellers of the same goods or services, where such
customers or sellers are contemporaneously trading on similar terms and
conditions, where the effect may be to lessen competition substantially:
Provided, That the following shall be considered permissible price differentials:
(1) Socialized pricing for the less fortunate sector of the economy;
(2) Price differential which reasonably or approximately reflect differences in
the cost of manufacture, sale, or delivery resulting from differing methods,
technical conditions, or quantities in which the goods or services are sold or
delivered to the buyers or sellers;
(3) Price differential or terms of sale offered in response to the competitive
price of payments, services or changes in the facilities furnished by a
competitor; and
(4) Price changes in response to changing market conditions, marketability of
goods or services, or volume;
(e) Imposing restrictions on the lease or contract for sale or trade of goods or
services concerning where, to whom, or in what forms goods or services may
be sold or traded, such as fixing prices, giving preferential discounts or rebate
upon such price, or imposing conditions not to deal with competing entities,
where the object or effect of the restrictions is to prevent, restrict or lessen
competition substantially: Provided, That nothing contained in this Act shall
prohibit or render unlawful:
(1) Permissible franchising, licensing, exclusive merchandising or exclusive
distributorship agreements such as those which give each party the right to
unilaterally terminate the agreement; or
(2) Agreements protecting intellectual property rights, confidential information,
or trade secrets;

(f) Making supply of particular goods or services dependent upon the purchase
of other goods or services from the supplier which have no direct connection
with the main goods or services to be supplied;
(g) Directly or indirectly imposing unfairly low purchase prices for the goods or
services of, among others, marginalized agricultural producers, fisherfolk,
micro-, small-, medium-scale enterprises, and other marginalized service
providers and producers;
(h) Directly or indirectly imposing unfair purchase or selling price on their
competitors, customers, suppliers or consumers, provided that prices that
develop in the market as a result of or due to a superior product or process,
business acumen or legal rights or laws shall not be considered unfair prices;
and
(i) Limiting production, markets or technical development to the prejudice of
consumers, provided that limitations that develop in the market as a result of
or due to a superior product or process, business acumen or legal rights or
laws shall not be a violation of this Act:
Provided, That nothing in this Act shall be construed or interpreted as a
prohibition on having a dominant position in a relevant market or on acquiring,
maintaining and increasing market share through legitimate means that do not
substantially prevent, restrict or lessen competition:
Provided, further, That any conduct which contributes to improving production
or distribution of goods or services within the relevant market, or promoting
technical and economic progress while allowing consumers a fair share of the
resulting benefit may not necessarily be considered an abuse of dominant
position:
Provided, finally, That the foregoing shall not constrain the Commission or the
relevant regulator from pursuing measures that would promote fair competition
or more competition as provided in this Act.
Prohibited Mergers
Section 20. Prohibited. Mergers and Acquisitions. – Merger or acquisition
agreements that substantially prevent, restrict or lessen competition in the
relevant market or in the market for goods or services as may be determined
by the Commission shall be prohibited.
EXEMPTIONS FROM PROHIBITED MERGERS AND ACQUISITIONS
Section 21. Exemptions from Prohibited. Mergers and Acquisitions. – Merger
or acquisition agreement prohibited under Section 20 of this Chapter may,
nonetheless, be exempt from prohibition by the Commission when the parties
establish either of the following:
(a) The concentration has brought about or is likely to bring about gains in
efficiencies that are greater than the effects of any limitation on competition
that result or likely to result from the merger or acquisition agreement; or
(b) A party to the merger or acquisition agreement is faced with actual or
imminent financial failure, and the agreement represents the least anti-
competitive arrangement among the known alternative uses for the failing
entity’s assets:
Provided, That an entity shall not be prohibited from continuing to own and
hold the stock or other share capital or assets of another corporation which it
acquired prior to the approval of this Act or acquiring or maintaining its market
share in a relevant market through such means without violating the provisions
of this Act:
Provided, further, That the acquisition of the stock or other share capital of one
or more corporations solely for investment and not used for voting or
exercising control and not to otherwise bring about, or attempt to bring about
the prevention, restriction, or lessening of competition in the relevant market
shall not be prohibited.
BURDEN OF PROOF FOR SECTION 21
Section 22. Burden of Proof. – The burden of proof under Section 21 lies with
the parties seeking the exemption. A party seeking to rely on the exemption
specified in Section 21(a) must demonstrate that if the agreement were not
implemented, significant efficiency gains would not be realized.
Compulsory Notification
Section 16. Review of Mergers and Acquisitions. — The Commission shall have
the power to review mergers and acquisitions based on factors deemed
relevant by the Commission.
Section 17. Compulsory Notification. – Parties to the merger or acquisition
agreement referred to in the preceding section wherein the value of the
transaction exceeds one billion pesos (P1,000,000,000.00) are prohibited
from consummating their agreement until thirty (30) days after providing
notification to the Commission in the form and containing the information
specified in the regulations issued by the Commission: Provided, That the
Commission shall promulgate other criteria, such as increased market share in
the relevant market in excess of minimum thresholds, that may be applied
specifically to a sector, or across some or all sectors, in determining whether
parties to a merger or acquisition shall notify the Commission under this
Chapter.
An agreement consummated in violation of this requirement to notify the
Commission shall be considered void and subject the parties to an
administrative fine of one percent (1%) to five percent (5%) of the value of the
transaction.
Should the Commission deem it necessary, it may request further information
that are reasonably necessary and directly relevant to the prohibition under
Section 20 hereof from the parties to the agreement before the expiration of
the thirty (30)-day period referred. The issuance of such a request has the effect
of extending the period within which the agreement may not be consummated
for an additional sixty (60) days, beginning on the day after the request for
information is received by the parties: Provided, That, in no case shall the total
period for review by the Commission of the subject agreement exceed ninety
(90) days from initial notification by the parties.
When the above periods have expired and no decision has been promulgated
for whatever reason, the merger or acquisition shall be deemed approved and
the parties may proceed to implement or consummate it. All notices, documents
and information provided to or emanating from the Commission under this
section shall be subject to confidentiality rule under Section 34 of this Act
except when the release of information contained therein is with the consent
of the notifying entity or is mandatorily required to be disclosed by law or by
a valid order of a court of competent jurisdiction, or of a government or
regulatory agency, including an exchange.
In the case of the merger or acquisition of banks, banking institutions, building
and loan associations, trust companies, insurance companies, public utilities,
educational institutions and other special corporations governed by special
laws, a favorable or no-objection ruling by the Commission shall not be
construed as dispensing of the requirement for a favorable recommendation
by the appropriate government agency under Section 79 of the Corporation
Code of the Philippines.
A favorable recommendation by a governmental agency with a competition
mandate shall give rise to a disputable presumption that the proposed merger
or acquisition is not violative of this Act.
EFFECT OF NOTIFICATION
Section 18. Effect of Notification. — If within the relevant periods stipulated in
the preceding section, the Commission determines that such agreement is
prohibited under Section 20 and does not qualify for exemption under Section
21 of this Chapter, the Commission may:
(a) Prohibit the implementation of the agreement;
(b) Prohibit the implementation of the agreement unless and until it is modified
by changes specified by the Commission.
(c) Prohibit the implementation of the agreement unless and until the pertinent
party or parties enter into legally enforceable agreements specified by the
Commission.
FINALITY OF RULINGS ON MERGERS AND ACQUISITIONS
Section 23. Finality of Ridings on Mergers and Acquisitions. – Merger or
acquisition agreements that have received a favorable ruling from the
Commission, except when such ruling was obtained on the basis of fraud or
false material information, may not be challenged under this Act.
ADMINISTRATIVE FINES
Section 29. Administrative Penalties. –
(a) Administrative Fines. – In any investigation under Chapter III, Sections 14
and 15, and Chapter IV, Sections 17 and 20 of this Act, after due notice and
hearing, the Commission may impose the following schedule of administrative
fines on any entity found to have violated the said sections:
First offense: Fine of up to one hundred million pesos
(P100,000,000.00);
Second offense: Fine of not less than one hundred million pesos
(P100,000,000.00) but not more than two hundred fifty million pesos
(P250,000,000.00).
In fixing the amount of the fine, the Commission shall have regard to
both the gravity and the duration of the violation.
(b) Failure to Comply With an Order of the Commission. – An entity which fails
or refuses to comply with a ruling, order or decision issued by the Commission
shall pay a penalty of not less than fifty thousand pesos (P50,000.00) up to
two million pesos (P2,000,000.00) for each violation and a similar amount of
penalty for each day thereafter until the said entity fully complies. Provided that
these fines shall only accrue daily beginning forty-five (45) days from the time
that the said decision, order or ruling was received.
(c) Supply of Incorrect or Misleading Information. – The Commission may
likewise impose upon any entity fines of up to one million pesos
(PI,000,000.00) where, intentionally or negligently, they supply incorrect or
misleading information in any document, application or other paper filed with
or submitted to the Commission or supply incorrect or misleading information
in an application for a binding ruling, a proposal for a consent judgment,
proceedings relating to a show cause order, or application for modification of
the Commission’s ruling, order or approval, as the case may be.
(d) Any other violations not specifically penalized under the relevant provisions
of this Act shall be penalized by a fine of not less than fifty thousand pesos
(P50,000.00) up to two million pesos (P2,000,000.00).
Provided that the schedule of fines indicated in this section shall be increased
by the Commission every five (5) years to maintain their real value from the
time it was set.
LENIENCY PROGRAM
Section 35. Leniency Program. – The Commission shall develop a Leniency
Program to be granted to any entity in the form of immunity from suit or
reduction of any fine which would otherwise be imposed on a participant in an
anti-competitive agreement as provided in Section 14(a) and 14(b) of this Act
in exchange for the voluntary disclosure of information regarding such an
agreement which satisfies specific criteria prior to or during the fact-finding or
preliminary inquiry stage of the case.
Immunity from suit will be granted to an entity reporting illegal anti-competitive
activity before a fact-finding or preliminary inquiry has begun if the following
conditions are met:
(a) At the time the entity comes forward, the Commission has not
received information about the activity from any other source;
(b) Upon the entity’s discovery of illegal activity, it took prompt and
effective action to terminate its participation therein;
(c) The entity reports the wrongdoing with candor and completeness
and provides full, continuing, and complete cooperation throughout the
investigation; and
(d) The entity did not coerce another party to participate in the activity
and clearly was not the leader in, or the originator of, the activity.
Even after the Commission has received information about the illegal activity
after a fact-finding or preliminary inquiry has commenced, the reporting entity
will be granted leniency, provided preceding conditions (b) and (c) and the
following additional requirements are complied with:
(1) The entity is the first to come forward and qualify for leniency;
(2) At the time the entity comes forward, the Commission does not have
evidence against the entity that is likely to result in a sustainable
conviction; and
(3) The Commission determines that granting leniency would not be
unfair to others.
Such program shall include the immunity from any suit or charge of affected
parties and third parties, exemption, waiver, or gradation of fines and/or
penalties giving precedence to the entity submitting such evidence. An entity
cooperating or furnishing information, document or data to the Commission in
connection to an investigation being conducted shall not be subjected to any
form of reprisal or discrimination. Such reprisal or discrimination shall be
considered a violation of this Act subject to the sanctions provided in this Act.
Nothing in this section shall preclude prosecution for entities that report to the
Commission false, misleading, or malicious information, data or documents
damaging to the business or integrity of the entities under inquiry as a violation
of said section. An entity found to have reported false, misleading or malicious
information, data, or document may be penalized by a fine not less than the
penalty imposed in the section reported to have been violated by the entity
complained of.
The DOJ-OFC may likewise grant leniency or immunity as provided in this
section in the event that there is already a preliminary investigation pending
before it.
RA 8293 INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES
PENALTY
SECTION 170. Penalties. ‑ Independent of the civil and administrative sanctions
imposed by law, a criminal penalty of imprisonment from two (2) years to five
(5) years and a fine ranging from Fifty thousand pesos (P50,000) to Two
hundred thousand pesos (P200,000), shall be imposed on any person who is
found guilty of committing any of the acts mentioned in Section 155
(Infringement), Section 168 (Unfair Competition) and Subsection 169.1 (False
designation of origin and false description or representation).
JURISDICTION
- Lodged in the RTC because RA 8293 is a special law which prevails over
the general law RA 7691 (An Act Expanding the Jurisdiction of the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts)
INFRINGEMENT
Who Are Liable
SECTION 155. Remedies; Infringement. ‑ Any person who shall, without the
consent of the owner of the registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable
imitation of a registered mark or the same container or a dominant feature
thereof in connection with the sale, offering for sale, distribution, advertising
of any goods or services including other preparatory steps necessary to carry
out the sale of any goods or services on or in connection with which such use
is likely to cause confusion, or to cause mistake, or to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or
a dominant feature thereof and apply such reproduction, counterfeit, copy or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles or
advertisements intended to be used in commerce upon or in connection with Trademark Infringement
the sale, offering for sale, distribution, or advertising of goods or services on
or in connection with which such use is likely to cause confusion, or to cause ELEMENTS
mistake, or to deceive, shall be liable in a civil action for infringement by the
registrant for the remedies hereinafter set forth: Provided, That the 1. The validity of plaintiffs mark;
infringement takes place at the moment any of the acts stated in Subsection 2. The plaintiff’s ownership of the mark; and
155.1 or this subsection are committed regardless of whether there is actual 3. The use of the mark or its colorable imitation by the alleged infringer
sale of goods or services using the infringing material. results in "likelihood of confusion."
a. This is the essence of trademark infringement.

Definition of Terms
FIRST ELEMENT: VALIDITY OF PLAINTIFF’S MARK
- Must not be merely descriptive or generic because they are not registrable.
MARK o Generic mark - those which constitute "the common descriptive name of
- 121.1. “Mark” means any visible sign capable of distinguishing the goods an article or substance” e.g. “bubble gum” as a trademark
(trademark) or services (service mark) of an enterprise and shall include a o Descriptive mark - consist exclusively of signs or any indication that may
stamped or marked container of goods serve in trade to designate the kind, quality, quantity, intended purpose,
value, geographical origin, time or production of the goods or rendering
TRADENAME of the services or other characteristics of the goods or services e.g.
- 121.3. “Trade name” means the name or designation identifying or “leather shoes” as a trademark
distinguishing an enterprise. - Publici juris trademark
- Tradename v. Trademark o When a trademark loses its distinctiveness
Tradename Trademark o Results in the loss of the exclusive right to an originally valid trademark
or tradename
Used in trade to designate a Used to indicate the origin or
particular business of individuals ownership of the goods to which it
is affixed SECOND ELEMENT: PLAINTIFF’S OWNERSHP OF THE MARK
considered as an entity
Attached or affixed to the goods of - Must be registered in the IP Office of the Philippines
Not necessarily attached or affixed
the owner - Cert. of Registration
to the goods of the owner
o Prima facie evidence of validity of registration, ownership, and right to
exclusively use the same
- Office or function
o To indicate the origin or ownership of the goods to which it is fixed
o To distinguish the goods of one from those of another THIRD ELEMENT: LIKELIHOOD OF CONFUSION
o To prevent one person from passing off his goods or business as that of - Colorable imitation sufficient
another o Does not need to be identical.
- Objects o It denotes a close or ingenious imitation as to be calculated to deceive
o To point out distinctly the origin or ownership of the article to which it is ordinary persons
fixed - There must not be differences which are glaring and striking to the eye.
o To secure to the owner the fruits of his industry and skill - It is not necessary that the goods of the prior user and the late user of the
o To prevent fraud and imposition trademark are of the same categories.
 o The meat of the matter is the likelihood of confusion, mistake or - Related Goods
deception upon purchasers of the goods of the junior user of the mark o With infringement. Non-competing goods may be those which, though
and the goods manufactured by the previous user. they are not in actual competition, are so related to each other that it can
- Types of confusion arising from the use of colorable imitation marks reasonably be assumed that they originate from one manufacturer, in
which case, confusion of business can arise out of the use of similar
Confusion of Goods Confusion of Business marks.
Though the goods of the parties are different, o No infringement. Those which, being entirely unrelated, cannot be
The ordinarily prudent
the defendant's product is such as might assumed to have a common source; hence, there is no confusion of
purchaser would be
reasonably be assumed to originate with the business, even though similar marks are used.
induced to purchase one
plaintiff, and the public would then be - Product Classification
product in the belief that
deceived either into that belief or into the o Not a decisive factor of whether goods are related.
he was purchasing the
belief that there is some connection between o Focus should be on the goods’ similarities and not on their classification,
other.
the plaintiff and defendant which, in fact, does description, or characteristics
not exist.
When the products are When the products are non-competing but
competing related enough to produce confusion of UNFAIR COMPETITION
affiliation.
Product confusion Source or origin of confusion Who is Protected

- Tests in determining confusing similarity
o SC relies more on dominancy test. Considering more the aural and visual
impressions created by the marks in the public mind, giving little weight
to factors like prices, quality, sales outlets and market segments
o Sec. 155.1 incorporates dominancy test which defines infringement as
the "colorable imitation of a registered mark xxx or a dominant feature
thereof."
SECTION 168. Unfair Competition, Rights, Regulation and Remedies. ‑ 168.1.
A person who has identified in the mind of the public the goods he
manufactures or deals in, his business or services from those of others, whether
or not a registered mark is employed, has a property right in the goodwill of
the said goods, business or services so identified, which will be protected in
the same manner as other property rights.

Dominancy Test Holistic Test Who is Liable

Focuses on the similarity of the
prevalent features of the competing
trademarks
If the competing trademark
contains the main, essential or
dominant features of another, and
confusion or deception is likely to
result, infringement takes place
Requires that the entirety of the
marks in question be considered in
resolving confusing similarity. PROVISIONS
168.2. Any person who shall employ deception or any other means contrary to
The discerning eye of the observer
good faith by which he shall pass off the goods manufactured by him or in
must focus not only on the
which he deals, or his business, or services for those of the one having
predominant words but also on the
established such goodwill, or who shall commit any acts calculated to produce
other features appearing in both
said result, shall be guilty of unfair competition, and shall be subject to an
labels in order that he may draw his
action therefor.
conclusion whether one is
confusingly similar to the other.
168.3. In particular, and without in any way limiting the scope of protection
against unfair competition, the following shall be deemed guilty of unfair
competition:
(a) Any person, who is selling his goods and gives 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 devices
or words thereon, or in any other feature of their appearance, which would be
likely to influence purchasers to believe that the goods offered are those of a
manufacturer or dealer, other than the actual manufacturer or dealer, or who
otherwise clothes the goods with such appearance as shall deceive the public
and defraud another of his legitimate trade, or any subsequent vendor of such
goods or any agent of any vendor engaged in selling such goods with a like
purpose;
(b) Any person who by any artifice, or device, or who employs any other means
calculated to induce the false belief that such person is offering the services of
another who has identified such services in the mind of the public; or
(c) Any person who shall make any false statement in the course of trade or
who shall commit any other act contrary to good faith of a nature calculated to
discredit the goods, business or services of another.
LIABILITY OF MASTER FOR SERVANTS’ ACTS
- Criminally responsible for acts of his servants and employees if he either …
whether he was present at the time the act was committed or not:
o Causes the illegal act to be done
o Requests, commands, or permits it
o Authorizes it
o Aids or abets the servant in its commission
Unfair Competition
DEFINITION
- It consists in employing deception or any other means contrary to good faith
by which has shall pass off the goods manufactured by him or 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. (Sees. 168.2, IP Code)
ELEMENTS
1. Confusing similarity in the general appearance of the goods, and
2. Intent to deceive the public and defraud a competitor.
- The confusing similarity may or may not result from similarity in the marks,
but may result from other external factors in the packaging or presentation
of the goods.
- The intent to deceive and defraud may be inferred from the similarity of the
appearance of the goods
RATIO
- To prevent inducement of the public to believe that the goods he offers are
the goods of another
- To prevent appropriation of the value of the reputation which the other has
acquired for his goods.
GENERALLY
- Evidence of actual fraudulent intent not necessary for it can be inferred from
the similarity in the appearance of the goods
- Test
o Whether certain goods have been clothed with an appearance which is
likely to deceive the ordinary purchaser exercising ordinary care, and not
whether a certain limited class of purchasers could avoid mistake by the
exercise of this special knowledge
CIVIL CODE PROVISION
- Art. 28. Unfair competition in agricultural, commercial or industrial
enterprise or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby suffers damage.
TRADEMARK INFRINGEMENT v. UNFAIR COMPETITION
- Trademark infringement constitutes unfair competition when there is not
merely likelihood of confusion, but also actual or probable deception on the
public because of the general appearance of the goods.
- There can be trademark infringement without unfair competition as when SECTION 169. False Designations of Origin; False Description or
the infringer discloses on the labels containing the mark that he Representation. — 169.1. Any person who, on or in connection with any goods
manufactures the goods, thus preventing the public from being deceived or services, or any container for goods, uses in commerce any word, term,
that the goods originate from the trademark owner. name, symbol, or device, or any combination thereof, or any false designation
of origin, false or misleading description of fact, or false or misleading
representation of fact, which:
Trademark Infringement Unfair Competition
Limited of range Broader and more inclusive (a) Is likely to cause confusion, or to cause mistake, or to deceive as to the
One who fails to establish the exclusive property right which is essential to affiliation, connection, or association of such person with another person, or as
the validity of a trademark, may yet frequently, obtain relief on the ground to the origin, sponsorship, or approval of his or her goods, services, or
of his competitor's unfairness or fraud. commercial activities by another person; or
Offended party has identified a Offended party has identified in the
peculiar symbol or mark with his mind of the public the goods he (b) In commercial advertising or promotion, misrepresents the nature,
goods and thereby has acquired a manufactures or deals in from those characteristics, qualities, or geographic origin of his or her or another person’s
property right in such symbol or of others, whether or not a mark or goods, services, or commercial activities, shall be liable to a civil action for
mark trade name is employed, and has a damages and injunction provided in Sections 156 and 157 of this Act by any
property right in the goodwill of the person who believes that he or she is or is likely to be damaged by such act.
said goods
Offender uses the trademark or trade Offender gives his goods the general
name of another manufacturer or appearance of the goods of another RA 623
dealer and sells his goods on which manufacturer or dealer and sells the
the trademark is affixed same - Regulates the use of duly stamped or marked bottles, boxes, casks, kegs,
barrels, and other containers.
Trademark Infringement Unfair Competition - Section. 2.
o It shall be unlawful for any person, without the written consent of the
Unauthorized use of a trademark Passing off of one's goods as those manufacturer, bottler, or seller, who has successfully registered the marks
of another of ownership in accordance with the provisions of the next preceding
Fraudulent intent unnecessary Fraudulent intent necessary section, to fill such bottles, boxes, kegs, barrels, steel cylinders, tanks,
flasks, accumulators, or other similar containers so marked or stamped,
Prior registration needed Registration unnecessary for the purpose of sale, or to sell, dispose of, buy or traffic in, or wantonly
destroy the same, whether filled or not, or to use the same for drinking
vessels or glasses or drainpipes, foundation pipes, or for any other
purpose than that registered by the manufacturer, bottler or seller. Any
ALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR
violation of this section shall be punished by a fine of note more than
REPRESENTATION
one thousand pesos or imprisonment of not more than one year or both.

Who is Liable
Smuggling or Illegal Importation
GENERALLY
- It is a crime related to frauds in commerce and industry
- RPC provisions govern with respect to
o Application of penalties
o Extent of participation of those criminally liable
o Moderating circumstances
- Reward for those instrumental in the discovery and seizure of smuggled
goods
o Sec. 3513. Reward to persons instrumental in the discovery and seizure
of smuggled goods. To encourage the public and law-enforcement
personnel to extend full cooperation and do their utmost in stamping out
smuggling, a cash reward equipment to twenty per centum of the fair
market value of the smuggled and confiscated goods shall be given to
the officers and men and informers who are instrumental in the discovery
and seizure of such goods in accordance with the rules and regulations
to be issued by the Secretary of Finance.
SECTION 3601 TARIFF AND CUSTOMS CODE AS AMENDED BY RA 4712
Sec. 3601. Unlawful Importation. Any person who shall fraudulently import or bring
into the Philippines, or assist in so doing, any article, contrary to law, or shall receive,
conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale
of such article after importation, knowing the same to have been imported contrary
to law, shall be guilty of smuggling and shall be punished with:
1. A fine of not less than fifty pesos more than two hundred pesos and imprisonment
of not less than five days nor more than twenty days, if the appraised value, to be
determined in the manner prescribed under the Tariff and Customs Code, including
duties and taxes, of the article unlawfully imported does not exceed twenty-five
pesos;
more than fifty thousand pesos but does not exceed one hundred fifty thousand
pesos.
4. A fine of not less than eight thousand pesos nor more than ten thousand pesos
and imprisonment of not less than eight years and one day nor more than twelve
years, if the appraised value, to be determined in the manner prescribed under the
Tariff and Customs Code, including duties and taxes, of the article unlawfully
imported exceeds one hundred fifty thousand pesos.
5. The penalty of prision mayor shall be imposed when the crime of serious physical
injuries shall have been committed and the penalty of reclusion perpetua to death
shall be imposed when the crime of homicide shall have been committed by reason
or on the occasion of the unlawful importation.
In applying the above scale of penalties, if the offender is an alien and the prescribed
penalty is not death, he shall be deported after serving the sentence without further
proceeding for deportation. If the offender is a government official or employee, the
penalty shall be the maximum as hereinabove prescribed and the offender shall
suffer an additional penalty of perpetual disqualification from public office, to vote
and to participate in any public election.
When, upon trial for a violation of this section, the defendant is shown to have had
possession of the article in question, possession shall be deemed sufficient evidence
to authorize conviction, unless the defendant shall explain the possession to the
satisfaction of the court: Provided, however, That payment of the tax due after
apprehension shall not constitute a valid defense in any prosecution under this
section.

2. A fine of not less than eight hundred pesos nor more than five thousand pesos
and imprisonment of not less than six months and one day nor more than four years,
if the appraised value, to be determined in the manner prescribed under the Tariff
and Customs Code, including duties and taxes, of the article unlawfully imported
exceeds twenty-five pesos but does not exceed fifty thousand pesos;

3. A fine of not less than six thousand pesos nor more than eight thousand pesos
and imprisonment of not less than five years and one day nor more than eight years,
if the appraised value, to be determined in the manner prescribed under the Tariff
and Customs Code, including duties and taxes, of the article unlawfully imported is