DEFINING TERMS:

• Crime
– an unlawful act punishable by a state or other
authority
 DEFINING TERMS:
• Public Interest
– Anything affecting the rights, health, or finances
of the public at large.
 Crimes against Public
Interest
• Concept: These are crimes which
involve deceit,
misrepresentation, or falsity
against the public at large.
 3 Categories
A.Forgeries
B.Other Falsities
C. Frauds
 A. FORGERIES
• 1. The seal of the government, the
signature and stamp of the chief executive
• 2. Coins
• 3. Treasury or bank notes, obligations and
securities of the government
• 4. Documents
 A. FORGERIES

The acts punished: The seal of the government, the

signature and stamp of the chief executive
The acts punished are:
• (1). The act of counterfeiting the seal of the
government
• (2). Forging the signature of the Chief Executive
or his stamp and
• (3). Using the forged signature or counterfeit seal
or stamp
 A. FORGERIES
The acts punished: Coins
• A. Counterfeit/false coins- those not authorized
by the Central bank to be minted for circulation
as legal tender. They include coins which have
been demonetized so as to prevent the accused
from using his skill upon genuine coins:
1. The acts punished
a. The act of counterfeiting, minting or making
b. The act of importing
c. The act of uttering- passing of as legal tender
d. Possession with intent to utter. Thus possession
of coins as a collection is not punished
 A. FORGERIES
• B. Mutilated Coins- these are genuine coins or
coins of legal tender whose intrinsic value has
been diminished due to the diminution of their
metallic contents.
1. The acts punished:
a. The act of mutilating or any act upon the
coin the purpose of which is to accumulate the
metallic contents, such as by chipping off a
portion, scraping its surface or boring a hole
b. The act of selling, importing or uttering
c. Possession with intent to utter
 A. FORGERIES
• C. Related Laws
(1). Pres. Decree No. 247: (Penalizing the
defacing, mutilation, burning or destruction of
central bank notes and coins) has modified
Article 164.
(2) R.A. 427: which punishes the act of
amassing coins in excess of P50.0
 A. FORGERIES
Forgeries committed upon Treasury or Bank Notes,
Obligations and Securities:
• A. This is related to Banking and Finance. The subject
matter are papers in the form of obligations and
securities issued by the government as its own
obligations which are also sued as legal tender
• B. Not included are paper bills as the crime relative to
them is “counterfeiting”
• C. They do not include commercial checks
• D. The reason is to maintain the integrity of the
currency and to ensure the credit and standing of the
government
 A. FORGERIES
E. Examples are:
• 1. Bonds issued by the Land Bank in
connection with the Land Reform Program
• 2. Postal Money Orders
• 3. Treasury Warrants
• 4.Treasury Certificates
• 5. Sweepstake Tickets ( Lotto tickets?)
 A. FORGERIES
F. The Acts punished are :
• 1.The act of forging or Forgery consisting of
either:
• (a). giving to a treasury or banknote or any
document payable to bearer or to order, the
appearance of a true and genuine document.
Such as the act of manufacturing or producing
fake treasury warrants
• (b). erasing, substituting, counterfeiting, or
altering, by any means, the letters, figures,
words or signs contained therein.
 A. FORGERIES
• Note: (i).if the note does not resemble a true and
genuine document in that it can not possibly fool any
person the act is considered as frustrated forgery
• (ii). Where the accused encashed a treasury warrant
by posing and signing as payee, the crime is
falsification
2. The act of importing or uttering
3. The act of possession or use
(a). Possession must be with intent to utter
(b). Possessor must know the notes are forged
 A. FORGERIES
IV. Forgeries Upon Documents
• A. The proper term is Falsification
• B. Document is :
• (1) any writing, whether paper based or in any
solid surface, which is complete, creating rights
or extinguishing obligations, or defining the
relations between persons. Examples: deeds and
contracts, receipts, promissory notes, checks
• (2) a writing used as evidence of the facts
contained in the document such as death/birth
certificates; clearances, medical records, x-rays;
driver’s license
 A. FORGERIES
C. General Classification: (In falsification, it is essential to
specify the document falsified)
• 1. Falsification of Legislative Document punished under
Art. 170- bills, resolutions, ordinances whether approved
or pending approval, by any legislative body
• a). the act of falsification is limited to alterations of a
genuine legislative document
• b). if by any other means, such as simulating a legislative
document, the offense is ordinary falsification.
• 2. Falsification of a Non-Legislative Document
• a). Document proper under Article 171 and 172
• b). Wireless, Telegram, cablegram, telephone Messages
under Article 173
• c). Certificates under Article 174
 A. FORGERIES
Kinds of Documents Proper
1. Public Documents
2.Commercial Documents
3. Private Documents
 A. FORGERIES
The following are accepted as defenses
• a). Good faith and lack of intent to pervert the truth. As
in the case of a co-employee who signed for another in the
payroll because the latter was sick
• b). Alterations which are in the nature of corrections such
as changing the civil status from single to married in a
Community Tax Certificate
• d). Alterations which do not affect the integrity or
veracity of the document. Example: The Certification by
the treasurer that he paid the salary on July 10 when in
truth it was on July 12
• e) Minor inaccuracies as in a deed of sale which declared
the consideration was paid in cash when it was paid in
two installments
 B. Other Falsities
• Authority, rank or title
• Names
• Uniforms and insignias and
• False Testimonies
 B. Other Falsities
• Note: the subject of these falsities are not
papers, instruments or documents but :
• (1) official authority or functions;
• (2) rank, title, names,
• (3) uniforms and insignias and
• (4) testimonies under oath. These are also
capable of being falsified or subjected to acts
of deception
 B. Other Falsities
Art. 177. Usurpation of Authority or official functions
• A. Usurpation of Authority- the crime committed by
a person who knowingly and falsely represents
himself to be an officer agent, representative or any
department or agency of the Philippine government
or foreign country. :
• 1. The representation must be active, i.e by words or
acts and the accused need not actually perform any
function pertaining to the office misrepresented.
What is punished is the act of false
misrepresentation. He who does not object when
introduced as a ranking official is not guilty of
usurpation.
 B. Other Falsities
• 2. This is different from the crime of
Usurpation of Powers under articles 239 to 241
which deals with interference in the functions of
one department by another department
• 3. This includes any government owned or
controlled corporations
• 4. Example: a private person greets tourists,
gives them the key to the city, welcomes them,
by declaring that he is the city mayor
 B. Other Falsities
B. Usurpation of Functions- the crime committed by
any person who actually performs an act pertaining to a
public official of the government or any agency thereof
accompanied by a pretense that he is such public
official.
• 1. There must be a pretense or falsie assertion of
being a public official. In the absence thereof, there is
no usurpation of functions.
• a) Thus one who enters a public school ands starts
teaching pupils, without claiming to be a teacher, is
not liable. Same with one who asks questions on
witnesses about a crime without asserting he is a
police investigator. Or one who directs traffic might be
performing a civic action.
 B. Other Falsities
• b) One who introduces himself to be an NBI
agent and begins interrogating witnesses is
liable. As with one who claims to be a BIR
agent and begins going over the books of a
businessman, or one who claims to be with the
Department of Labor and starts inquiries as to
the employment status of employees.
• c) There is such a crime as Seduction through
Usurpation of Official Functions.
 B. Other Falsities
• 2. The offender may himself be a public official
who assumes a position without color of law. As
in the case of a number one councilor who took
over the position of the mayor who was on leave
despite opinions that it be the vice mayor who
must be the acting mayor.
• 3. However, if the authority or function usurped
pertains to a diplomatic, consular or other
accredited officers of a foreign government, the
offender is also liable under R.A. 75.
 B. Other Falsities
• Art. 178. Using Fictitious Name and concealing true name.
• A. Using Fictitious Name is the act of publicly using a
name other than one’s registered or baptismal name for
the purpose of either to: (1) conceal a crime (2) evade
judgment or (3) cause damage to public interest
• 1. A fictitious name is any name which a person
publicly applies to himself without authority of law.
• 2. The purpose is material even if it is simply to cause
confusion among the public
• 3. If the purpose is to cause damage to a private
person’s interest, the crime may constitute estafa
• 4. If the purpose is to obstruct justice the offense is
punished under P.D. 1829
• 5. The use of Aliases is punished under C.A. 142
 B. Other Falsities
• B. Concealing True Name and other Personal
Circumstances- the purpose is to conceal one’s
identity. Such as in order to avoid giving support or
to avoid debtors
• C. When may a person use a name other than his
registered or baptismal name?
• 1. When allowed by the court in a petition for a
change of name
• 2. When used in the field of entertainment, literature
or sports
• a). Pen names of authors such as Mark Twain, Saki
• b). Names in the entertainment industry
• c). Sport’s Monickers such as “Flash”: Speedy””
Bata”, “Sugar”
 B. Other Falsities
• 3. When allowed by law such as when a
woman marries or when a person is legally
adopted
• 4. Under the Witness Protection Program in
order to protect the identity and safety of
the witness
 B. Other Falsities
• Art. 179. Illegal use of Uniform or Insignia
I. The act punished is the public and improper
use of any insignia, uniform or dress pertaining
to an office not held by the accused or to a class
of persons of which he is not a member.
• A. Examples: unlawful use of ecclesiastical
habit of a religious order; school uniforms;
uniform of the boy’s scout; the regalia of the
Knights of Columbus
 B. Other Falsities
• II. If the uniform, insignia, badge, emblem
or rank, medal, patch or identification card
pertains to members of the military what
applies is R.A. 493. If it pertains to the
uniform, regalia or decoration of a foreign
state, it is punished under R.A. 75.
• III. The use must be malicious i.e. to give the
impression that the accused is a member of
the office or class and thereby enjoy the
prestige and honor of that office or class.
 C. FRAUDS
Art. 185. MACHINATIONS IN
PUBLIC AUCTIONS
A. Concept: The crime committed by any person
who intends to cause the reduction of the price of
a thing auctioned and shall either
• (1) solicit any gift or a promise as a
consideration for refraining from taking part in
any public auction, and
• (2) attempt to cause bidders to stay away from
an auction by threats, gifts, promises or any
other artifice.
 C. FRAUDS
• B. When a thing is sold it is either through a direct
sale to a particular individual or through public
bidding. Public bidding is preferred in order to obtain
the best and most advantageous price. This is
especially true with respect to judgment debtors in
case of judgment sales. The best and highest price is
achieved by leaving it to any interested buyer to offer
a better price over those offered by others. Any a
scheme so that the article will be sold at a low price,
is called machination.
• C. In the second mode, the threat, coercion or force,
is absorbed but the bribery is a separate offense.
 C. FRAUDS
ART. 186. MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE
A. Introduction:
• 1.In an open market economy, the price of goods is
supposed to be determined by the relationship of supply
and demand. Hence, any act, scheme or strategy, by
which the price of goods and commodities are
intentionally affected, are punished. This includes
practices such as such as resorting to artificial shortage or
hoarding of goods, spreading false rumors.
• Likewise there should be free competition in the market.
The law thus punishes any scheme of a person or persons
to monopolize goods and commodities, including all acts
to kill competitors, such as under pricing of goods.
 C. FRAUDS
• B. However, Article 186 is ineffective in the
face of conglomerates, mergers and
combinations of big companies; and the
diversification of the products of big
companies; mass production of goods by
companies so that they can afford to sell at
prices lower that those offered by retailers.
 C. FRAUDS
• Frauds in Commerce and Industry
• A. Crimes involving Metal Products: Articles made of
precious metals such as gold, silver, are supposed to bear
marks, brands or stamps, which must indicate the actual
finesse or quality of said metal products i.e carat, so as
not to deceive the public. Hence Article 187 punishes the
act of importing, selling or disposing off these articles
knowing that their actual finesse is not indicated in
their brand, mark or stamps.
• B. As to deceptions involving trademarks, trade names
and service marks, the acts punished relative thereto, such
as: Infringement, Unfair competition, Fraudulent
Registration, False Designation of Origin; are punished
by the Intellectual Property Code.