RFB 301

(Business-Related
Crimes & Offenses)

Atty. Arnold V. De Castro

 Business-Related Crimes/Offenses
UNFAIR COMPETITION under Intellectual Property Law (IPL)
OFFENDERS ELEMENTS
1. Any person who shall employ deception 1. Confusing similarity in the general
or any other means contrary to good faith, appearance of the goods; AND
by which he deals his business for those
of the one having established such 2. Intent to deceive the public and defraud a
goodwill; OR competitor

2. Any person who shall commit any acts

calculated to produce said result.
 Business-Related Crimes/Offenses
QUALIFIED THEFT under the RPC
ELEMENTS
It is comprised of the elements of theft:
1. Offender takes personal property of another
without the latter’s consent;
2. Taking was with Intent to gain; and
3. Taking was without violence against or
intimidation of persons nor force upon things.
PLUS:
4. Committed with Grave abuse of confidence,
among others.
Notes:
1. Penalties for qualified theft are 2
degrees higher than that of theft;
2. Bank teller who received the money and
appropriated the same for personal gain
committed theft and not estafa because
the teller has no juridical possession,
only material, the theft is qualified due
to the confidence reposed on the teller
 Business-Related Crimes/Offenses
ESTAFA under the Revised Penal Code (RPC)
ELEMENTS Notes:
1. There must be a false pretense, fraudulent act or 1. One of the pertinent ways of
fraudulent means; committing estafa is by falsely
2. Such false pretense, fraudulent act or fraudulent means pretending to possess a business;
must be made or executed prior to or simultaneously with
the commission of the fraud; 2. Syndicated Estafa- committed
3. Offended party relied on the false pretense, fraudulent by 5 or more persons;
act, or fraudulent means and by reason thereof, was
induced to part with his money or property; AND 3. Good faith is a defense in
4. Offended party suffered Damage. estafa.
 Business-Related Crimes/Offenses
VIOLATION OF TRUST RECEIPT LAW
PERTINENT POINTS:

Trust receipt transaction- any transaction by and between entruster, and entrustee, whereby the
entruster, who owns or holds absolute title or security interests over certain specified goods,
releases the same to the possession of the entrustee upon the latter's execution and delivery to
the entruster of a signed document called a "trust receipt" wherein the entrustee binds himself
to hold the designated goods in trust for the entruster and to sell or otherwise dispose of the
goods, with the obligation to turn over to the entruster the proceeds thereof to the extent of the
amount owing to the entruster or as appears in the trust receipt or the goods, documents or
instruments themselves if they are unsold or not otherwise disposed of.

If entrustee failed to comply= ESTAFA

 Business-Related Crimes/Offenses
FALSIFICATION
ACTS PUNISHED & THEIR ELEMENTS Notes:
1. Counterfeiting - imitating any handwriting, or 1. Falsification may be committed by
signature or rubric: or a. There should be an intent to public officer or private
imitate, or an attempt to imitate b. Two signatures, the individual;
genuine and the forged, should bear some resemblance. 2. It may be committed on public or
2. Causing it to appear that persons have participated in private document;
any act or proceeding when they did not in fact so 3. Element of damage to offended
participate party is required only if
3. Altering true dates: a. Date must be essential; b. falsification is committed on
Alteration of the date must affect the veracity of the private document.
documents
 Business-Related Crimes/Offenses

OTHER OFFENSES UNDER SPECIAL LAWS

1. Non-remittance of PhilHealth premiums- Universal Health Care Act

2. Non-remittance of SSS premiums- SSS Law

 REFERENCES
A. Books
∙ Jurado (2019). Obligations and Contracts Reviewer. Rex Printing Company, Inc.
∙ De Leon and De Leon. (2018). Obligations and Contracts. Rex Publisher
B. Electronic References
∙ Jurisprudence (n.d.) Retrieved on 13 August 2021 from http://sc.judiciary.gov.ph/decisions/
∙ Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from http://supreme.chanrobles.com/
∙ Jurisprudence and New Civil Code (n.d.) Retrieved on 13 August 2021 from
https://lawphil.net/judjuris/judjuris.html
∙ Jurisprudence (n.d.) Retrieved on 13 August 2021 from
https://www.officialgazette.gov.ph/section/judicial/supreme-court/decisions/
C. Others
∙ Official Gazette of the Republic of the Philippines
∙ Philippine Reports
∙ Supreme Court Reports Annotated
∙ UP Law Bar Operations Commission. (2020). University of the Philippines 2020 Civil Law Reviewer