AT11-CLJ4 Jose federico DG.

Aniceto BSCRIM lll-2

What is usurpation of authority? Explain.

Article 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 of 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. (As amended by Republic Act No. 379,
approved June 14, 1949.) (Restored by EO No. 187.)

2.What is usurpation of official functions?

Usurpation of official functions:

By performing any act pertaining to any person in authority or public officer of the Philippine
Government or any foreign government or any agency thereof,

1.Under the pretense of official position

2.Without being lawfully entitled to do so

3.What are the elements of using fictitious name?

Elements of Using Fictitious Name:

1.The offender uses a name other than his real

2. He uses the fictitious name publicly

3. The purpose of the offender is:

a. To conceal crime

b. To evade the execution of a judgment or

c. To cause damage (Reyes adds - to public interest).

4. What are the elements of concealing true name?

Concealing True Name:

1.The offender conceals

a. His true name and

b. Other personal circumstances

2. The purpose is only to conceal his identity.

5. What is fictitious name?

Article 178. Using fictitious name and concealing true name. – The penalty of arresto mayor and a fine not
to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto
menor or a fine not to exceed 200 pesos. (Restored by EO No. 187.)

6. What are the elements of illegal use of uniform or insignia? Explain.

Elements:

1.The offender makes use of insignia, uniforms or dress

2.Publicly and improperly

3.The insignia, uniforms or dress pertains to:

a. An office not held by such person or

b. A class of persons of which he is not a member It is important to note that:

1. An exact imitation of a uniform or a dress is not necessary. A colorable resemblance calculated to

deceive the common run of people is sufficient.

2. R.A. 75 punishes the use of uniform, decorations Or regalia of a foreign state;

3. R.A. 493 punishes the wearing of insignia, badge, or emblem of rank of the members of the AFP and
the Constabulary (PNP). ¹2

7.How is false testimony committed?

False testimony is 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.

8.What is the reason for punishing false testimony?

Falsehood is always reprehensible but it is particularly odious when committed in a judicial proceeding,
as it constitutes an imposition upon the court and seriously exposes it to the miscarriage of justice.

9.What is perjury? Explain.

Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation administered by
authority of law on a material matter.

10.Distinguish false testimony from perjury

False testimony is given in the course of a judicial proceeding and contemplates actual trial while perjury
is any willful and corrupt assertion of falsehood a material matter under oath and not given in judicial
proceeding and there is a perjury even during the preliminary investigation.