Title 4 Public Interest

Title Four Article 179.
Illegal use of uniforms or insignia

CRIMES AGAINST PUBLIC INTEREST
Section Two – False testimony
Chapter One. Forgeries Article 180. False testimony against a defendant
Article 181. False testimony favorable to the defendant
Section One – Forging the seal of the Government of the Article 182. False testimony in civil cases
Philippine Islands, the signature or stamp of the Article 183. False testimony in other cases and perjury
Chief Executive Article 184. Offering false testimony in evidence
Article 161. Counterfeiting the great seal of the
Government of the Philippines Chapter Three. Frauds
Article 162. Using forged signature or counterfeiting
seal or stamp Section One – Machinations, monopolies, and combinations
Article 185. Machinations in public auction
Section Two – Counterfeiting coins Article 186. Monopolies and combinations in restraint of
Article 163. Making and importing and uttering false trade
coins
Article 164. Mutilation of coins, importation and Section Two – Frauds in commerce and industry
uttering of mutilated coins Article 187. Importation and disposition of falsely
Article 165. Selling of false or mutilated coins, without marked articles or merchandise made of gold,
connivance silver, or other precious metals or their alloys
Article 188. Substituting and altering trade marks and
Section Three – Forging treasury or bank notes, trade names or service marks
obligations and securities; importing and uttering Article 189. Unfair competition and fraudulent
false or forged notes, obligations and securities registration of trade mark or trade name, or
Article 166. Forging treasury or bank notes or other service mark; fraudulent designation of origin, and
documents payable to bearer, importing and false description
uttering of such false or forged notes and
documents
Article 167. Counterfeiting, importing and uttering
instruments not payable to bearer
Article 168. Illegal possession and use of forged The crimes in this title are in the nature of fraud or
treasury or bank notes and other instruments of falsity to the public. The essence of the crime under
credit this title is that which defraud the public in general.
Article 169. How Forgery is committed. There is deceit perpetrated upon the public. This is
the act that is being punished under this title.
Section Four – Falsification of legislative, public,
commercial and private documents, and wireless,
telegraph and telephone messages
Article 170. Falsification of legislative documents Article 161. Counterfeiting the Great Seal of
Article 171. Falsification by public officer, employee or the Government of the Philippine Islands,
notary Forging the Signature or Stamp of the Chief
Article 172. Falsification by private individuals and use Executive
of falsified documents
Article 173. Falsification of wireless, cable, telegraph Acts punished
and telephone messages and use of said falsified
messages
1. Forging the great seal of the Government of the
Section Five – Falsification of medical certificates, Philippines;
certificates of merit or service, and the like 2. Forging the signature of the President;
Article 174. False medical certificates, false certificates 3. Forging the stamp of the President.
of merit or service
Article 175. Using false certificates When in a State document, the signature of the
President is forged, the crime is not falsification
Section Six – Manufacturing, importing and possession of of public document. It is forging the signature of
instruments or implements intended for the
the Chief executive.
commission of falsification
Article 176. Manufacturing and possession of The Signature of the Chief executive must be forged.
instruments or implements for falsification If Chief Executive left with his secretary a
signature in blank and a document is written
Chapter Two. Other Falsities above it, the crime is not under Art. 161 but
Falsification by public officer or private individual
Section One – Usurpation of authority, rank, title and under Art. 171 or 172.
improper use of names, uniforms and insignia
Article 177. Usurpation of authority or official functions
Article 178. Using fictitious name and concealing true
name
C2005 Criminal Law 2 Reviewer

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Article 162. Using Forged Signature or goes into circulation again, (2) the danger of a
Counterfeit Seal or Stamp counterfeiter staying within the country (he may
counterfeit coins in actual circulation and (3) collectors
will be defrauded.
Elements
1. The great seal of the Republic was counterfeited
or the signature or stamp of the Chief Executive
Article 164. Mutilation of Coins
was forged by another person;
2. Offender knew of the counterfeiting or forgery;
Acts punished
3. He used the counterfeit seal or forged signature
or stamp.
1. Mutilating coins of the legal currency, with the
further requirements that there be intent to
Offender under this article should not be the forger.
damage or to defraud another;
Otherwise, it would fall under Art 161.
2. Importing or uttering such mutilated coins, with
the further requirement that there must be
connivances with the mutilator or importer in
Article 163. Making and Importing and
case of uttering.
Uttering False Coins
Mutilation means to take off part of the metal either
Elements
by filing it or substituting it for another metal of
1. There be false or counterfeited coins;
inferior quality.
2. Offender either made, imported or uttered such
The coin must be of legal tender in mutilation.
coins;
Coins of foreign country not included.
3. In case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
Requisites of mutilation under the RPC
importers.
(1) Coin mutilated is of legal tender;
Kinds of coins the counterfeiting of which is punished
(2) Offender gains from the precious metal dust
abstracted from the coin; and
1. Silver coins of the Philippines or coins of the
(3) It has to be a coin.
Central Bank of the Philippines;
2. Coins of the minor coinage of the Philippines or
of the Central Bank of the Philippines; Presidential Decree No. 247
Prohibiting and Penalizing Defacement, Mutilation,
3. Coin of the currency of a foreign country.
Tearing, Burning or Destroying Central Bank Notes
and Coins
When is a coin false or counterfeited?
if it is forged It shall be unlawful for any person to willfully deface,
if it is not authorized by government as legal mutilate, tear, burn, or destroy in any manner whatsoever,
tender currency notes and coins issued by the Central Bank.
if it is a spurious copy (imitation of the design of
a genuine coin) 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
Importation means bringing into port. Importation is five years.
complete before entry at the Customs House.
Uttering is passing counterfeited coins. It includes
their delivery or the act of giving them away. Mutilation under the RPC is true only to coins. It
Former coins withdrawn from circulation may be cannot be a crime under the RPC to mutilate paper
counterfeited under this article. bills because the idea of mutilation under the code
is collecting the precious metal dust. However,
under PD 247, mutilation is not limited to coins.
People vs. Kong Leon
Kong Leon, a goldsmith, was selling illegally fabricated US Article 165. Selling of False or Mutilated Coin,
dollar coins which are already withdrawn from circulation. without Connivance
Several unfinished coins were found by the police in his
shop and pockets.
Acts punished
HELD: When RPC was enacted, the Spanish text was the
one approved. Thus it controls the interpretation of 1. Possession of coin, counterfeited or mutilated by
provisions. Therefore, under Spanish Penal Code,
another person, with intent to utter the same,
fabrication of coin withdrawn from circulation is punishable
because of (1) the harm it caused to the public when it knowing that it is false or mutilated;

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obligation/security issued by RP
circulating note issued by any banking
Elements institution duly authorized by law to issue
Possession; the same
With intent to utter; and document issued by foreign gov’t
Knowledge. circulating note or bill issued a foreign bank
duly authorized to issue the same.
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated. PNB checks are commercial documents not covered
by Art 166.
Elements
Actually uttering; and
Knowledge. Article 167. Counterfeiting, Importing, and
Uttering Instruments Not Payable to Bearer
Possession of or uttering false coin does not require
that the counterfeited coin is legal tender. Elements
There is an instrument payable to order or other
Possession, ether actual or constructive, of the documents of credit not payable to bearer;
counterfeiter or importer is not punished as a Offender either forged, imported or uttered such
separate offense. instrument;
In case of uttering, he connived with the forger or
importer.
Article 166. Forging Treasury or Bank Notes or
Other Documents Payable to Bearer; Importing Application of Art 167 is limited to instruments
and Uttering Such False or Forged Notes and payable to order. But it covers instruments or other
Documents documents of credit issued by a foreign
government or bank.
Acts punished Connivance is not required in uttering if the utterer is
the forger,
1. Forging or falsification of treasury or bank notes
or other documents payable to bearer;
2. Importation of such false or forged obligations or Article 168. Illegal Possession and Use of False
notes; Treasury or Bank Notes and Other Instruments
3. Uttering of such false or forged obligations or of Credit
notes in connivance with the forgers or
importers. Elements
1. Any treasury or bank note or certificate or other
Importation means to bring them into the Phils which obligation and security payable to bearer, or any
presupposes that the obligations or notes are forged instrument payable to order or other document
or falsified in a foreign country. of credit not payable to bearer is forged or
falsified by another person;
Uttering meand offering obligations or notes knowing 2. Offender knows that any of those instruments is
them to be false or forged WON such offer is forged or falsified;
accepted with a representation by words or action 3. He either -
that’s that they are genuine and with an intent to a. uses any of such forged or falsified
defraud. instruments; or
b. possesses with intent to use any of such
Uttering forged bills must be with connivance to forged or falsified instruments.
constitute a violation of Art. 166.
Intent to possess is not intent to use. Mere
Notes and other obligations and securities that may possession alone is not a criminal offense. It must
be forged or falsified under Art 166 are: be with intent to use.
treasury or bank notes The conduct of the accused is considered to establish
certificates, and knowledge of forgery.
other obligations and securities payable to A person in possession of falsified document and who
bearer makes use of the same is presumed to be the
material author of falsification.
Penalties depend on the kind of forged treasury or Accused has the burden to give satisfactory
bank notes or other documents explanation of his possession of forged bills.

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When an act performed would have been a crime of Galano bought 4 balut eggs with a P1 bill with the word
illegal possession of false treasury note, it cannot “victory” written on it. The P1 bill had been withdrawn
from circulation. It is however redeemable at face its face
be an impossible crime because forging or
value if presented to the Central Bank.
falsification of treasury notes is neither an offense
against persons nor an offense against property Held: The forgery committed falls under Art 169(1) where
under Art 4(2) but one case held otherwise. the treasury note by the addition of the word “victory” was
given the appearance of a true and genuine document. This
Bar Questions provision also covers the situation where originally true and
False Notes; Illegal Possession (1999) genuine documents have been withdrawn or demonetized
1 Is mere possession of false money bills punishable under were made to appear a true legal tender.
Article 168 of the Revised Penal Code? Explain. (3%)
2 The accused was caught in possession of 100 counterfeit Article 170. Falsification of Legislative
P20 bills. He could not explain how and why he possessed Documents
the said bills. Neither could he explain what he intended to
do with the fake bills. Can he be held criminally liable for Elements
such possession? Decide. (3%} 1. There is a bill, resolution or ordinance enacted or
SUGGESTED ANSWER:
approved or pending approval by either House of
1 No. Possession of false treasury or bank note alone
without an intent to use it, is not punishable. But the the Legislature or any provincial board or
circumstances of such possession may indicate intent to municipal council;
utter, sufficient to consummate the crime of illegal 2. Offender alters the same;
possession of false notes. 3. He has no proper authority therefor;
2 Yes. Knowledge that the note is counterfeit and intent to 4. The alteration has changed the meaning of the
use it may be shown by the conduct of the accused. So, documents.
possession of 100 false bills reveal: (a) knowledge that the
bills are fake; and (b) intent to utter the same.
The words "municipal council" should include the city
council or municipal board.
Article 169. How forgery is committed
The bill, resolution or ordinance must be genuine.
By giving to a treasury or bank note or any
The offender is any person, private individual or
instrument payable to bearer or to order
public officer, who has no authority to make the
mentioned therein, the appearance of a true and
alteration.
genuine document;
The act of falsification in legislative document is
2. By erasing, substituting, counterfeiting, or
limited to altering it which changes its meaning.
altering by any means the figures, letters, words,
or sign contained therein.
Distinction between falsification and forgery:
Forgery includes falsification and counterfeiting.
Falsification is the commission of any of the eight acts
Giving checks the appearance of true and genuine
mentioned in Article 171 on legislative (only the act
document is forgery.
of making alteration), public or official, commercial,
Mere change on a document does not amount to this
or private documents, or wireless, or telegraph
crime. The essence of forgery is giving a document
messages.
the appearance of a true and genuine document.
The term forgery as used in Article 169 refers to the
falsification and counterfeiting of treasury or bank
notes or any instruments payable to bearer or to
Del Rosario vs. People
order.
Del Rosario was shown by the accused a P1 bill and a P2 bill Note that forging and falsification are crimes under
inducing him to believe that the bills were counterfeited Forgeries.
when they were in fact genuine treasury notes. One of the
digits of each bill was altered to make it appear
counterfeited.
Article 171. Falsification by Public Officer,
Held: The possession of genuine treasury notes of the Employee or Notary or Ecclesiastical Minister
Phils, where any of the figures, letters, words or signs
contained therein had been erased and/or altered, with Elements
knowledge of such erasure/alteration, and with intent to 1. Offender is a public officer, employee, or notary
use such notes in enticing another to advance funds for the public;
purpose of financing the manufacture of counterfeit notes
2. He takes advantage of his official position;
is punishable by Art. 168 in relation to Art 169 (1).
3. He falsifies a document by committing any of the
following acts:
People vs. Galano a. Counterfeiting or imitating any
handwriting, signature or rubric;

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b. Causing it to appear that persons have part of the accused to disclose the truth of the facts
participated in any act or proceeding narrated.
when they did not in fact so participate; The narration of facts must be absolutely false and
c. Attributing to persons who have the person making such narration must be aware of
participated in an act or proceeding the falsity of the facts narrated by him.
statements other than those in fact The perversion of truth in the narration of facts must
made by them; be made with the wrongful intent of injuring a third
d. Making untruthful statements in a person. If the document falsified is a public
narration of facts; document, wrongful intent is not essential.
e. Altering true dates; There is no falsification by one who acted in good
f. Making any alteration or intercalation in faith.
a genuine document which changes its The fact that one’s consent to a contract was
meaning; obtained by means of violence does not make the
g. Issuing in an authenticated form a facts narrated therein false.
document purporting to be a copy of an Legal obligation to disclose the truth is inherent in
original document when no such original residence certificate.
exists, or including in such a copy a There can be a falsification by omission (P v Dizon).
statement contrary to, or different from,
that of the genuine original; or Altering True Dates
h. Intercalating any instrument or note Date must be essential.
relative to the issuance thereof in a Altering dates in official receipts to prevent the
protocol, registry, or official book. discovery of malversation is falsification.
4. In case the offender is an ecclesiastical minister
who shall commit any of the offenses Making alteration or intercalation
enumerated, with respect to any record or Alteration which speaks the truth is not falsification.
document of such character that its falsification The alteration must affect the integrity or change the
may affect the civil status of persons. effects of the documents.
Altering the grades in examination papers involves
Even if the offender is a public officer but the several acts of falsification. (see P v Romualdez)
falsification committed by him is upon a document
which does not pertain to his office, it was Article 172. Falsification by Private Individual
committed without abuse of his office. Thus it will and Use of Falsified Documents
not fall under Art 171 but Art 172.
A private person who cooperates with a public officer Acts punished
in the falsification of public documents is guilty
under Art 171 and incurs the same liability and 1. Falsification of public, official or commercial
penalty as the public officer as there is conspiracy. document by a private individual;
2. Falsification of private document by any person;
Must there be a genuine document in falsification? 3. Use of falsified document.
 In Par. 6, 7 in its 2 nd part and 8 of Art 171, the law
requires that there be a genuine document where the Elements under paragraph 1
intercalation or alteration is made changing its 1. Offender is a private individual or public officer or
meaning. employee who did not take advantage of his
 in other paragraphs, of Art 171, falsification may official position;
be committed by simulating or fabrication a He committed any act of falsification under Art 171;
document. 3. The falsification was committed in a public,
official, or commercial document or letter of
Counterfeiting and Feigning exchange.
In Counterfeiting, there must be (1) an intent or
attempt to imitate and (2) that the two There are four kinds of documents:
signatures/handwritings, the genuine and the (1) Public document in the execution of which, a
forged, bear some resemblance to each other. person in authority or notary public has
In feigning, there is no original signature, taken part;
handwriting, or rubric but a forgery of a signature, (2) Official document in the execution of which a
handwriting or rubric that does not exist. public official takes part;
(3) Commercial document or any document
Making untruthful statements in a narration of facts recognized by the Code of Commerce or any
There must be a narration of facts not of conclusion commercial law; and
of law and there must be a legal obligation on the

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(4) Private document in the execution of which  When the falsification is a necessary means to
only private individuals take part. commit another crime, the two crimes form a
complex crime under Art. 48. Note that the
NOTE: Private document may acquire the character of document falsified as a necessary means must be
a public document when it becomes part of an public, official or commercial.
official record and is certified by a public officer
duly authorized by law. a. Malversation through falsification of public
documents
 Public document is broader than the term official b. Estafa through falsification of a public
document. Before a document may be considered document.
official, it must first be a public document. But not c. Estafa through falsification of a commercial
all public documents are official documents. To document by reckless imprudence
become an official document, there must be a law d. Theft through falsification of official
which requires a public officer to issue or to render document.
such document. Example: A cashier is required to e. Attempted estafa through falsification of
issue an official receipt for the amount he receives. public or official documents.
The official receipt is a public document which is an
official document.  There is no complex crime of estafa through
 Cash disbursement vouchers are not commercial falsification of a private document because the
documents. immediate effect of falsification of a private
 Mere blank forms of an official document is not document is the same as that of estafa.
itself a document. It is necessary that the blank  If a private document is falsified to obtain from the
spaces be filled and the signature of the party offended party the money or other personal
authorized to issue it be written by another in the property which the offender later misappropriated,
counterfeited instrument. the crime committed is falsification of private
 The possessor of a falsified document is presumed document only.
to be the author of the falsification. But this  If a private document is falsified to conceal the
presumption is not applied where the evidence is misappropriation of the money or other personal
extremely doubtful. property which has been in the possession of the
 Damage or intent to cause damage is not necessary offender, the crime committed is estafa with abuse
as the principal thing punished is the violation of of confidence only.
public faith and destruction of truth.  If estafa was already consummated at the time of
 Lack of malice or criminal intent is a defense in the falsification of a private document or if the
falsification of public document. falsification was committed to for the purpose of
concealing estafa, the falsification is not punishable
Elements under paragraph 2 as because as regards the falsification, there was
Offender committed any of the acts of falsification no damage or intent to cause damage.
except Article 171(7), that is, issuing in an  There is no falsification through reckless
authenticated form a document purporting to be imprudence if the document is private and no
a copy of an original document when no such actual damage is caused.
original exists, or including in such a copy a  The crime is falsification of a public document, even
statement contrary to, or different from, that of if the falsification took place before the private
the genuine original; document becomes part of the public records, if the
Falsification was committed in any private document; document is intended by law ro be part of the
Falsification causes damage to a third party or at least public or official record.
the falsification was committed with intent to  Generally, falsification has no attempted or
cause such damage. frustrated stage. But there may be a frustrated
falsification if the falsification is imperfect. (Reyes)
 Mere falsification of public document is not enough
as it is necessary that it must cause damage to a Falsification of a Public Falsification of a Private
third person or must be committed with intent to document document
cause such damage. Mere falsification is enough Prejudice to 3rd person or
 It is also not necessary that the offender profited or intent to cause it is enough
Committed by any of the 8 Cannot be committed by the
hoped to profit by the falsification.
means under Art 171 ways in par 7 & 8 of Art 171
Principal thing punished is
violation of public faith and
destruction of truth as
therein solemnly proclaimed

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Elements under the last paragraph
Romualdez, the secretary of Justice Romualdez, changed
the grade of bar examinee, Mabunay, to enable him to
In introducing in a judicial proceeding -
reach the required average to pass the bar. She claimed
1 Offender knew that the document was falsified she had been given the authority to do so.
by another person;
2 The false document is in Articles 171 or 172 (1 or HELD: The acts of falsification are: (1) making alterations
2); on genuine documents (2) making it appear that the
He introduced said document in evidence in any correctors had participated in blotting out the grades and
writing out new and increased grades opposite their initials
judicial proceeding.
and (3) attributing to the correctors statements other than
those in fact made by them.
In use in any other transaction -
1 Offender knew that a document was falsified by
another person; Beradio vs. CA
2 The false document is embraced in Articles 171
Beradio is the lawyer and election registrar accused of
or 172 (1 or 2);
falsifying her daily time record, a public document. Her
3 He used such document; daily time record shows she was at the office 8am-5pm
The use caused damage to another or at least used when in fact she went to court.
with intent to cause damage.
HELD: Beradio belongs to a class of officers who are
 Damage is not necessary in the crime of exempt from keeping and submitting daily time records. No
criminal intent to commit falsification can be imputed to
introducing in judicial proceeding a false document.
her when she submits her time record not as a legal
 Use of falsified document in a proceeding which is obligation but as a matter of practice. The entries she
not judicial is requires at least intent to cause made contain a color of truth and no damage was caused to
damage. the gov’t or a third party.
 If the one who used the falsified document is the
same person who falsified it, the crime is only
Luague vs. CA
falsification and the use of the same is not a
separate crime. Luague, a widow, signed her husband’s name on the salary
 Use of false document is not necessarily included in checks with the knowledge of her deceased husband’s
the crime of falsification. supervisor. She encashed the same and use it to pay debts
 The user of the falsified document is deemed the incurred for the illness and death of her husband.
author of the falsification if
HELD: There was no estafa thru falsification of a
o the use was so closely connected in time
commercial document. No damage was incurred against the
with the falsification, and government as the deceased employee deserved the salary
o the user had the capacity of falsifying the his wife availed of. Even if there was falsification when she
document. signed for her husband, this was done with the knowledge
of her deceased husband’s supervisor that the husband was
indeed dead. (Reeza’s dad in the RTC ruled otherwise )
Caubang vs. People 1992
Cabigas vs. People
Accused was organizing the merger of two stevedoring
companies. Among the documents presented and filed with
Cabigas, a securities custodian of Landbank, was convicted
the SEC for the registration of the company was a
of falsification when he changed the entry of the figure of
Statement of Assets and Liabilities (SAL) of the company.
treasury bills from 1539 to 1533 pieces in the Daily Report
This had the signature of the treasurer; but this signature
of Securities/Documents under Custody (DR SDUC) for the
was forged.
purpose of hiding the loss of 6 treasury bills in his custody.
HELD: Accused guilty of falsification of public documents.
HELD: SC acquitted him since the elements of Art 171(4)
In the absence of contrary proof, the accused who filed all
were not present. The correction of the figure from 1539 to
the documents with the SEC, is presumed to have also filed
1533 pieces to conform to the actual pieces of treasury
the forged SAL. And thus since his possession of the forged
notes in custody is not falsification since it was made to
instrument is presumed, it is also presumed from this fact
speak the truth. Also, the DR/SDUC is a form purely devised
that he is the forger of the document.
and adopted by Cabigas and was never required thus he
was not legally obligated to disclose or reveal the truth in
It is immaterial that the entries in the SAL were true, the
that document. In the absence of legal obligation, there
important thing is that the signature of the treasurer was
can be no falsification.
forged. What is punished in this crime is the violation of
the faith in public documents and the destruction of the
truth in making it appear that a person did something when
People vs. Sendaydiego
in fact he did not; damage is not essential.
Sendaydiego, a provincial treasurer, used 6 forged
provincial vouchers to embezzle from the road and bridge
People vs. Romualdez

37
fund. TC convicted them of malversation thru falsification
of public document. Lumancas and Uriarte were regular employees of the
Philippine Postal Corporation in Tandag, Surigao del Sur.
HELD: SC held that the crimes committed are separate They made false entries in their respective Personal Data
crimes of malversation and falsification because in the 6 Sheets (PDS, [CSC Form 212]) regarding their educational
vouchers, the falsification was used to conceal the attainment, resulting in their promotion to higher
malversation. Each falsification and malversation positions. Uriarte asserted that he finished his Bachelor of
constituted independent offenses which must be punished Science in Commerce, Major in Management, at the IHU in
separately. 1968. In fllling up her PDS, Lumancas on the other hand
indicated that she is a graduate of Bachelor of Science in
Commerce Major in Management at the IHU. She also
Siquian vs. People claimed that she is a graduate of Pharmacy from the CEU.
Both are not college gradutes.
Siquian, a municipal mayor, appointed a clerk and signed
the latter’s appointment papers which stated that there HELD: All the elements of falsification through the making
was such a position available and that funds for this of untruthful statements in a narration of facts are present:
position was available. However, no such position and funds (a) That the offender makes in a document statements in a
were in existence. The mayor knew that the Municipal narration of facts; (b) That he has a legal obligation to
Council failed to enact a new budget and has adopted the disclose the truth of the facts narrated by him; (c) That the
previous year’s budget. facts narrated by the offender are absolutely false; and,
(d) That the perversion of truth in the narration of facts
HELD: SC held Mayor liable under Art 171(4), when he made was made with the wrongful intent of injuring a third
an untruthful statement in a narration of facts contained in person. In People v. Po Giok To, the Court held that "in the
the certification which he issued in connection with the falsification of public or official documents, whether by
appointment of the clerk. The existence of a wrongful public officials or by private persons, it is unnecessary that
intent to injure a third person is not necessary when the there be present the idea of gain or the intent to injure a
falsified document is a public document. It is because the third person, for the reason that, in contradistinction to
principal thing punished is the violation of public faith and private documents, the principal thing punished is the
the destruction of truth proclaimed therein. violation of the public faith and the destruction of the
truth as therein solemnly proclaimed." Hence, the last
requisite need not be present. Also, petitioners themselves
People vs. Villalon have affirmed in their petition that their Personal Data
Sheets were not sworn to before any administering officer
Carrera brothers were co-owners of a parcel of land. A thereby taking their case away from the confines of
power of attorney was executed authorizing de Guzman to perjury. Nonetheless, they argue that they have no legal
mortgage one brother’s half. De Guzman used the power of obligation to disclose the truth in their PDS since these are
attorney to obtain a loan from the mortgagee bank. Loan not official documents. The Court disagrees and cited the
was unpaid, bank foreclosed the mortgage and sold land to case of Inting v. Tanodbayan, where it was held that "the
Serafia who filed ejectment suit against the brothers. accomplishment of the Personal Data Sheet being a
requirement under the Civil Service Rules and Regulations
HELD: The crime committed was estafa thru falsification of in connection with employment in the government, the
public document. The falsification of public document may making of an untruthful statement therein was, therefore,
be a means to commit estafa because before the falsified intimately connected with such employment….” The filing
document is actually used to defraud another, the crime of of a Personal Data Sheet is required in connection with the
falsification is already consummated and damage or intent promotion to a higher position and contenders for
to cause damage is not an element of falsification. The promotion have the legal obligation to disclose the truth.
damage to another is caused by the commission of estafa. Otherwise, enhancing their qualifications by means of false
statements will prejudice other qualified aspirants to the
Santos v. Sandiganbayan (2000) same position.
Valentino occupies a public position as bookkeeper at the Article 173. Falsification of Wireless, Cable,
Clearing Office of the Central Bank. He intercepted and Telegraph and Telephone Messages, and Use of
pilfered BPI-Laoag checks with the assistance of petitioner
Said Falsified Messages
Estacio, a janitor-messenger at the Central Bank. In the
comfort room of the bank, Valentino and/or one Villasanta
tampered with the clearing statements and clearing Acts punished
manifests. Valentino then brought the altered clearing
statements back to the clearing center and prepared a 1. Uttering fictitious wireless, telegraph or
Clearing Bank Manifests where he changed the figure in the telephone message;
original copy to tally with those in the altered clearing
statement. The tampered documents, along with the
pilfered demand envelopes, were then sent to the Central Elements
Bank Regional Clearing Center in Laoag. In utilizing this 1. Offender is an officer or employee of the
scheme from October to December of 1981, the syndicate government or an officer or employee of
netted P9 Million. a private corporation, engaged in the
service of sending or receiving wireless,
cable or telephone message;
Lumancas v. Intas (2000)

38
2. He utters fictitious wireless, cable, 2 Public officer who issues a false certificate of
telegraph or telephone message. merit of service, good conduct or similar
circumstances;
2. Falsifying wireless, telegraph or telephone
message; [The crime here is false certificate of merit or
service by a public officer.]
Elements
1. Offender is an officer or employee of the 3 Private person who falsifies a certificate falling
government or an officer or employee of within the classes mentioned in the two
a private corporation, engaged in the preceding subdivisions.
service of sending or receiving wireless,
cable or telephone message; [The crime is false medical certificate by private
2. He falsifies wireless, cable, telegraph or person or false certificate of merit or service by a
telephone message. private person]
3. Using such falsified message.  The falsification of the certificate of large cattle is
not covered by Art 174 but by Art 171 or 172.
Elements  Certificate of residence for voting purposes is
1. Offender knew that wireless, cable, certificate of “similar circumstances”.
telegraph, or telephone message was
falsified by an officer or employee of the
government or an officer or employee of Article 175. Using False Certificates
a private corporation, engaged in the
service of sending or receiving wireless, Elements
cable or telephone message; 1. The following issues a false certificate:
2. He used such falsified dispatch; a. Physician or surgeon, in connection with
3. The use resulted in the prejudice of a the practice of his profession, issues a
third party or at least there was intent false certificate;
to cause such prejudice. b. Public officer issues a false certificate of
merit of service, good conduct or similar
 The public officer, to be liable, must be engaged in circumstances;
the service of sending or receiving wireless, cable c. Private person falsifies a certificate
or telephone message. falling within the classes mentioned in
 Private individual cannot be a principal by direct the two preceding subdivisions.
participation in falsification of telegraphic
dispatches under Art. 173 unless he is an employee 2. Offender knows that the certificate was false;
of a corporation engaged in the business of sending
or receiving wireless, telegraph or telephone He uses the same.
message.
 Private individual can be criminally liable as  When any of the false certificates mentioned in Art.
principal by inducement in falsification of 174 is used in the judicial proceedings, Art 172
telegraphic dispatches. does not apply because the use of false document
 Act. No. 1851, Sec $, punishes private individuals in judicial proceeding under Art 172 is limited to
who forge or alter telegram by an fine of not more those false documents embraced in Arts 171 and
than P100. 172.
Article 174. False Medical Certificates, False Article 176. Manufacturing and Possession of
Certificates of Merit or Service, Etc. Instruments or Implements for Falsification
Persons liable Acts punished

1 Physician or surgeon who, in connection with the
practice of his profession, issues a false 1. Making or introducing into the Philippines any
certificate (it must refer to the illness or injury of stamps, dies, marks, or other instruments or
a person); implements for counterfeiting or falsification;
2. Possessing with intent to use the instruments or
[The crime here is false medical certificate by a implements for counterfeiting or falsification
physician.] made in or introduced into the Philippines by
another person.

39
 RA 10 applies only to members of seditious
 It is not necessary that the implements confiscated organization engaged in subversive activities who
form a complete set for counterfeiting. It is enough performed any act pertaining to the government, to
that they may be employed by themselves or any person in authority or to any public officer.
together with other implements to commit the
crime of counterfeiting or falsification.
 Possession punished here may be actual or People vs. Cortez
constructive possession.
Accused introduced himself to a proprietress of a meatshop
presenting an id card bearing another name. He claimed to
be authorized to waive inspection of books for P400. Upon
Article 177. Usurpation of Authority or Official learning that the accused was not a real BIR agent, the
Functions owner and authorities set up a string operation. Accused
was apprehended after taking the money.
Acts punished
HELD: Crime committed was usurpation of authority thru
falsification of a public document by a private individual. It
1. Usurpation of authority; is not robbery because there was no force or intimidation.
Elements
1. Offender knowingly and falsely Gigantoni v People
represents himself;
Gigantoni, working on an investigation for another
2. As an officer, agent or representative of
company, represented himself to PAL legal officer as a PC-
any department or agency of the CIS agent. He requested that he be shown the PAL records
Philippine government or of any foreign which was granted and he xeroxed them.
government.
HELD: He cannot be held liable for usurpation of authority
2. Usurpation of official functions. because he did not knowingly represented himself to be an
agent. AT the time he went to PAL office, he was still an
agent though he knew he was suspended. The conveyance
Elements to him of the notice of dismissal was not proven. He should
1. Offender performs any act; have been charged with usurpation of official functions
2. Pertaining to any person in authority or where dismissal or suspension would make no difference
public officer of the Philippine because both imply the absence of the power to represent
government or any foreign government, himself as vested with authority to perform acts pertaining
to an office which he knowingly was deprived of.
or any agency thereof;
3. Under pretense of official position;
4. Without being lawfully entitled to do so. Article 178. Using Fictitious Name and
Concealing True Name
 In usurpation of authority, it is not necessary that
he performs an act pertaining to public office. Acts punished
However in usurpation of official functions, it is
essential that the offender should have performed 1. Using fictitious name
an act pertaining to a person authority or public
officer. Elements
 There must be positive, express and explicit 1. Offender uses a name other than his
representation. Such false representation may be real name;
shown by acts. 2. He uses the fictitious name publicly;
 This article applies to “any person” and thus covers 3. Purpose of use is to conceal a crime, to
even a public officer. (ex. Councilor usurping evade the execution of a judgment or to
mayor’s office) cause damage [to public interest -
 This article does not apply to occupant under color Reyes].
of title.
2. Concealing true name
 This article also punishes usurpation of authority or
official functions of any officer of any foreign Elements
government. 1. Offender conceals his true name and
 RA 75 provides additional penalties for usurping the other personal circumstances;
authority of diplomatic or consular or any other 2. Purpose is only to conceal his identity.
official of foreign government if offender has intent
to defraud.  A fictitious name is any other name which a person
publicly applies to himself without authority of law.

40
 Causing damage must be to public interest. If it is pseudonym he is or may have been authorized to
damage to private interest, the crime will be estafa use. (Sec. 3)
under Art 315,subdivision 2 paragraph (a).
 Signing fictitious name in an application for What is the process?
passport is publicly using such fictitious name. Any person desiring to use an alias shall apply for
 Where a person takes the place of another who has authority therefor in proceedings like those legally provided
to obtain judicial authority for a change of name, and no
been convicted by final judgment, he is guilty of
person shall be allowed to secure such judicial authority for
using a fictitious name under Art 178 and not more than one alias. The petition for an alias shall set
evasion of service of sentence because the real forth the person's baptismal and family name and the name
convict alone is guilty thereof. recorded in the civil registry, if different, his immigrant's
name, if an alien, and his pseudonym, if he has such names
Use of Fictitious name Concealing true name other than his original or real name, specifying the reason or
Element of publicity must be Element of publicity is not reasons for the use of the desired alias. The judicial
present necessary authority for the use of alias the christian name and the
Purpose is to conceal a Purpose is merely to conceal alien immigrant's name shall be recorded in the proper local
crime, to evade the identity civil registry, and no person shall use any name or names
execution of a judgment or other, than his original or real name unless the same is or
to cause damage are duly recorded in the proper local civil registry. (Sec. 2)
Penalties imposed
Legamia v IAC Any violation of this Act shall be punished with imprisonment
of from one year to five years and a fine of P5,000 to
Corazon Legamia lived with Emilio Reyes for 19 years and P10,000. (Sec. 5)
gave him a son. She was known and introduced to others as
Mrs. Reyes. Upon Emilio’s death, Corazon filed for death
benefits on behalf of their son. The real Mrs. Reyes,
Felicisima, filed a complaint against Corazon for using Article 179. Illegal Use of Uniforms or Insignia
fictitious name.
Elements
HELD: Corazon was acquitted. It is not uncommon for a 1 Offender makes use of insignia, uniforms or
woman to represent herself as the wife of the person she is dress;
living with. Corazon assumed the role of a wife not for any
2 The insignia, uniforms or dress pertains to an
personal material gain but for her son. Ours is a tolerant
and understanding society… office not held by such person or a class of
persons of which he is not a member;
Use of unregistered aliases 3. Said insignia, uniform or dress is used publicly
and improperly.
R.A. 6085
 Wearing the uniform of an imaginary office is not
AN ACT AMENDING COMMONWEALTH ACT
NUMBERED ONE HUNDRED FORTY-TWO punishable.
REGULATING THE USE OF ALIASES  An exact imitation of a uniform or dress is
unnecessary; a colorable resemblance calculated to
What is prohibited? deceive the common run of people is sufficient.
1. No person shall use any name different from the one with
REPUBLIC ACT NO. 75
which he was registered at birth in the office of the local civil
(Immunity of Diplomats and Consuls)
registry, or with which he was registered in the bureau of
immigration upon entry; or such substitute name as may
An Act to Penalize Acts which would Impair the Proper
have been authorized by a competent court.
Observance by the Republic and Inhabitants of the
Philippines of the Immunities, Rights, And Privileges Of Duly
Exception: Pseudonym solely for literary, cinema,
Accredited Foreign Diplomatic And Consular Agents In The
television, radio, or other entertainment and in athletic
Philippines
events where the use of pseudonym is a normally accepted
practice. (Sec. 1)
When applicable
2. No person having been baptized with a name different
The provisions of the Act are applicable only in cases where
from that with which he was registered at birth in the local
the country of the diplomatic or consular representative
civil registry, or in case of an alien, registered in the bureau
adversely affected has provided for similar protection to
of immigration upon entry, or any person who obtained
duly accredited diplomatic or consular representatives of the
judicial authority to use an alias, or who uses a pseudonym,
Republic of the Philippines by prescribing like or similar
shall represent himself in any public or private
penalties for like or similar offenses herein contained.
transaction or shall sign or execute any public or
private document without stating or affixing his real
Who are punishable?
or original name and all names or aliases or

41
1. Any person who shall falsely assume and take upon addition to the penalties that may be imposed under the
himself to act as a diplomatic, consular, or any other official Revised Penal Code
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
RA 493
Philippines;
An Act to Prohibit the Use or Conferring of Military or
Naval Grades or Titles By or Upon Persons Not in the
2. Any person who, in such pretended character shall
Service of the Armed Forces of the Philippines or the
demand or obtain, or attempt to obtain from any person or
Philippine Constabulary, to Regulate the Wearing,
from said foreign government or the Government of the
Use, Manufacture and Sale of Insignias, Decorations
Philippines, or from any officer thereof, any money, paper,
and Medals, Badges, Patches and Identification Cards
document, or other thing of value;
Prescribed for the Said Armed Forces or
Constabulary, and for Other Purposes
3. Any person, other than a diplomatic or consular officer or
attache, who shall act in the Republic of the Philippines as
Sec. 1. It shall be unlawful for any person NOT in the
an agent of a foreign government without prior notification
service of the AFP or the PNP to use, or confer upon himself
to, and registration with, the Secretary of Foreign Affairs;
or another who is not in the service, any military or naval
grade or title.
4. Any person who, with intent to deceive or mislead, within
the jurisdiction of the Republic, shall wear any naval,
Exceptions:
military, police, or other official uniform, decoration, or
(a) All veterans of any war when recognized by the
regalia of any foreign State, nation or government with
Philippine and only for the ranks for which they are
which the Republic of the Philippines is at peace, or any
recognized;
uniform, decoration or regalia so nearly resembling the same
(b) Commissioned officers and personnel, retired or in
as to be calculated to deceive, UNLESS such wearing thereof
active duty, of the Bureau of Coast and Geodetic Survey, of
be authorized by such State, nation, or government;
the quarantine service, and of the customs service;
(c) Commissioned and enlisted reservists including
5. Any person by whom any writ or process is obtained,
recognized guerrilla officers on inactive status when using
whereby the person of any ambassador or public minister of
their authorized grades for a purely military purposes;
any foreign State, authorized and received as such by the
(d) Trainees in the Armed Forces while undergoing
President, or any domestic or domestic servant of any such
any period of trainee instruction pursuant to law.
ambassador or minister is arrested or imprisoned, or his
goods or chattels are distrained, seized, or attached,
whether as party or as attorney;
Sec. 2. It shall be unlawful for any person not in the
service (EXCEPT those excluded from the prohibition in
6. Every officer concerned in executing the writs or process
Section 1), to use or wear the duly prescribed insignia,
in (5) above.
badge or emblem or rank or any colorable imitation
 (5) and (6) above are NOT APPLICABLE where:
thereof, of the members of the AFP or PNP,
Exception: use or the wearing of any insignia, badge or

 the person against whom the process is
emblem of rank:
issued is a (1) citizen or inhabitant of the
a. in any play-house or theater or
Republic of the Philippines, (2) in the service
b. in moving-picture films while actually engaged in
of an ambassador or a public minister, and
representing therein a military or naval character
(3) the process is founded upon a debt
contracted before he entered upon such
not tending to bring discredit or reproach upon the
service; or
AFP and PNP
 the person against whom the process is
issued is a domestic servant of an
Sec. 3. The use, wearing, manufacture and sale of any
ambassador or a public minister, UNLESS the
medal or decoration, badge, insignia, patch, or
name of the servant has, before the issuing
identification card, authorized by Congress or prescribed
thereof, been registered in the Department of
or awarded by the President of the Philippines or the
Foreign Affairs, and transmitted by the
Secretary of National Defense for the members of the AFP,
Secretary of Foreign Affairs to the Chief of
or any colorable imitation thereof, is prohibited
Police of the City of Manila, who shall upon
receipt thereof post the same in some public
Exception: when so authorized by the Secretary of
place in his office.
National Defense.
7. Any person who assaults, strikes, wounds, imprisons or in
any other manner offers violence to the person of an
ambassador or a public minister, in violation of the law of FALSE TESTIMONY
nations.
 False testimony is committed by a person who,
Penalties
being under oath and required to testify as to the
The penalties provided in the act shall be imposed in
truth of a certain matter at a hearing before a

42
competent authority shall deny the truth or say benefit the defendant as it is sufficient that it was
something contrary to it. given to favor the accused.
 A statement by a witness that he is an expert in
handwriting is a statement of mere opinion, the
falsity of which is not sufficient to convict him.
Three forms of false testimony
 The defendant who falsely testified in his own
1. False testimony in criminal cases (Arts 180, 181) behalf in a criminal case is guilty of false testimony
2. False testimony in civil case (Art 182) favorable to the defendant. The right to testify in
3. False testimony in other cases (Art 183) his own behalf is secured to him, not that he may
be enabled to introduced false testimony into the
record, but to enable him to spread upon the
Article 180. False Testimony against A record the truth as to any matter within his
Defendant knowledge (US v Soliman)
 Rectification made spontaneously after realizing the
Elements mistake is not false testimony.
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the Bar Questions
defendant therein; False Testimony (1994)
3. Offender who gives false testimony knows that it Paolo was charged with homicide before the Regional Trial
is false. Court of Manila. Andrew, a prosecution witness, testified that
he saw Paolo shoot Abby during their heated argument.
4. Defendant against whom the false testimony is While the case is still pending, the City Hall of Manila burned
given is either acquitted or convicted in a final down and the entire records of the case were destroyed.
judgment. Later, the records were reconstituted. Andrew was again
called to the witness stand. This time he testified that his
 Penalty for false testimony depends upon the first testimony was false and the truth was he was abroad
sentence of the defendant against whom false when the crime took place. The judge immediately ordered
testimony was given. the prosecution of Andrew for giving a false testimony
favorable to the defendant in a criminal case. 1.] Will the
 The defendant in the principal case must be
case against Andrew prosper? 2.] Paolo was acquitted. The
sentenced at least a correctional penalty, a fine or decision became final on
shall have been acquitted in order that the witness January 10, 1987. On June 18, 1994 a case of giving false
who falsely testified can be held liable. testimony was filed against Andrew. As his lawyer, what
 The witness who gave false testimony is liable even legal step will you take?
if his testimony was not considered by the court as SUGGESTED ANSWER:
the law intends to punish the mere giving of false 1) Yes. For one to be criminally liable under Art. 181, RFC, it
testimony. is not necessary that the criminal case where Andrew
testified is terminated first. It is not even required of the
prosecution to prove which of the two statements of the
witness is false and to prove the statement to be false by
Article 181. False Testimony Favorable to the evidence other than the contradictory statements (People
Defendant vs. Arazola, 13 Court of Appeals Report, 2nd series, p. 808).
2) As lawyer of Andrew, I will file a motion to quash the
Elements Information on the ground of prescription. The crime of false
1. A person gives false testimony; testimony under Art. 180 has prescribed because Paolo, the
2. In favor of the defendant; accused in the principal case, was acquitted on January 10,
1987 and therefore the penalty prescribed for such crime is
3. In a criminal case.
arresto mayor under Art. 180, par. 4, RPC. Crimes
punishable by arresto mayor prescribes in five (5) years (Art.
 Conviction or acquittal of defendant in principal 90, par. 3, RPC). But the case against Andrew was filed only
case, not necessary as it is sufficient that the on June 18, 1994, whereas the principal criminal case was
defendant is prosecuted for a felony punishable decided with finality on January 10, 1987 and, thence the
by afflictive penalty or by other penalty. prescriptive period of the crime commenced to run. From
 False testimony favorable to the defendant is January 10, 1987 to June 18, 1994 is more than five (5)
equally repugnant to the orderly administration of years.
justice.
 False testimony is punished because of its tendency Article 182. False Testimony in Civil Cases
to favor or to prejudice the defendant.
 False testimony by negative statement is in favor of Elements
defendant. 1. Testimony given in a civil case;
 False testimony in favor of defendant need not 2. Testimony relates to the issues presented in said
directly influence the decision of acquittal nor case;

43
3. Testimony is false; questions presented to him upon matters under his
4. Offender knows that testimony is false; jurisdiction.
5. Testimony is malicious and given with an intent  The assertion of falsehood must be willful and
to affect the issues presented in said case. deliberate. Good faith or lack of malice is a defense
in perjury.
 The testimony given in the civil case must be false.  The phrase “when the law so requires” does not
 Art. 182 is not applicable when the false testimony mean that the sworn statement or affidavit must be
is given in special proceeding as it applies only to required by law. It has been interpreted to mean
ordinary civil cases. “in cases in which the law so authorizes”. Hence,
 Penalty depends on the amount of the controversy. even if there is no law requiring the statement to
be made under oath, as long as it is made for a
legal purpose, it is sufficient (P v Angcangco)
Article 183. False Testimony in Other Cases and  Two contradictory sworn statements are not
Perjury in Solemn Affirmation sufficient to convict for perjury because the
prosecution must prove which of the two
Acts punished statements is false by other evidence than the
contradictory statement.
1. By falsely testifying under oath;  The direct induction of a person by another to
2. By making a false affidavit. commit perjury is treated as plain perjury. The one
inducing another is principal by induction and the
Elements of perjury latter as principal by direct participation.
1. Offender makes a statement under oath or
executes an affidavit upon a material matter; False testimony Perjury
2. The statement or affidavit is made before a Perversions of truth
competent officer, authorized to receive and Given in the course of Not given in judicial
administer oaths; judicial proceeding proceeding
Contemplates an actual trial May be committed during
3. Offender makes a willful and deliberate assertion
preliminary investigation and
of a falsehood in the statement or affidavit; in making false affidavits
4. The sworn statement or affidavit containing the
falsity is required by law, that is, it is made for a
legal purpose. Diaz vs. People
 Oath is any form of attestation by which a person Diaz was charged with falsification of official document. He
signifies that he is bound in conscience to perform allegedly executed and filed in CSC a personal data sheet,
an act faithfully and truthfully. an official document, where he stated he was a 4 th yr AB
student at Cosmopolitan and Harvardian Colleges w/c led
 An affidavit is a sworn statement in writing; a
to his reappointment. The accused was never enrolled in
declaration in writing made upon oath or before an said schools. He presented a transcript of record with no
authorized magistrate or officer. imprint of college seal nor signature of school president.
 Perjury is an offense which covers false oaths other
than those taken in the course of judicial HELD: The crime committed was perjury. This offense is
proceedings. the willful and corrupt assertion of a falsehood under oath
or affirmation administered by authority of law on a
 A false affidavit to a criminal complaint may give
material matter.
rise to perjury.
 Material matter is the main fact which is the subject
matter of the inquiry or any circumstance which Acuna v. Deputy Ombudsman (2005)
tends to prove that fact, or any fact or
circumstance which tends to corroborate or FACTS: Petitioner Acuña is a former teacher of the
Angeles City National Trade School ("ACNTS") in Pampanga.
strengthen the testimony relative to the subject of
Pascua was ACNTS' Officer-In-Charge while Turla was a
inquiry or which legitimately affects the credit of member of the faculty. Yabut, another ACNTS teacher,
any witness who testifies. together with other school personnel, requested a dialogue
 There must be competent proof of materiality. The with Pascua on some unspecified matter. Turla attended
matter is material when it is directed to prove a fact the meeting upon Pascua's directive. Acuña, upon Yabut’s
in issue. invitation also attended the meeting. As an offshoot to an
incident during the meeting which was held on July 16,
 There is no perjury if sworn statement is not
1998, Acuña charged Pascua with misconduct ("OMB-ADM-1-
material to the principal matter under investigation. 99-0387") and with violation of Article 131 of the RPC ("OMB
 There is no perjury if defendant subscribed and 1-99-903") before the Office of the Ombudsman. In his
swore before a clerk in treasurer’s office as a sworn counter-affidavit in OMB-ADM-1-99-0387, Pascua
competent person authorized to administer oath is alleged, among others, that: (1) OMB-ADM-1-99-0387 is a
a person who has a right to inquire into the "rehash and a duplication with a slight deviation of fact" of
an administrative case pending with DECS which Acuña and

44
Yabut earlier filed against him and (2) Yabut had no not be held liable for making a false and malicious
authority to invite in the meeting a non-employee of ACNTS statement. The dismissal is affirmed.
like Acuña considering that Pascua was the one who called
the meeting. Pascua also submitted a sworn statement of
Turla confirming that respondent Pascua and not Yabut People v. Choa (2003)
called the said meeting. The Ombudsman dismissed OMB-
ADM-1-99-0387 and OMB 1-99-0903. Contending that Pacua FACTS: Alfonso Chan Choa, petitioner, a Chinese national,
and Turla perjured themselves in their sworn statements in filed with the RTC a verified petition for naturalization.
OMB-ADM-1-99-0387, petitioner charged the former with During the initial hearing of the case, Choa testified on
perjury before the office of the Deputy Ombudsman for direct examination but he was not able to finish the same.
Luzon. Acuña alleged that Pascua and Turla were liable for He subsequently filed a motion to withdraw his petition for
perjury because: (1) the complaint she and Yabut filed naturalization for which the trial court granted. Meanwhile,
against Pascua before the CSC, later endorsed to the DECS, State Prosecutor Delfin, acting upon the complaint of
was not "the same" as her complaint in OMB-ADM-1-99-0387 petitioner's wife, Leni, filed an Information with the MTCC,
and (2) it was Yabut and not respondent Pascua who called charging petitioner with perjury under Article 183 of the
the meeting. The Deputy Ombudsman for Luzon dismissed RPC with respect to alleged false statements he made in
the complaint. his Petition for Naturalization. Petitioner alleged that there
is no basis to convict him of perjury because almost 2 years
HELD: In prosecutions for perjury, a matter is prior to the filing of the Information, his motion to
material if it is the "main fact which was the subject of the withdraw the petition for naturalization containing the
inquiry, or any circumstance which tends to prove that fact alleged false statements was granted, hence, the alleged
. . ." 24 To hold private respondents liable, there must be false statements were no longer existing or had become
evidence that their assailed statements in OMB-ADM-1-99- functus officio. The lower courts found Choa’s allegation
0387 were the subject of inquiry in that case. Petitioner devoid of merit and convicted him guilty of perjury. In his
has presented no such evidence. The records are hardly petition, Choa and the Solicitor General contend that (a)
helpful, as petitioner did not furnish the Court a copy of not all the elements of the crime of perjury are present;
her complaint in OMB-ADM-1-99-0387. and (b) the withdawal of the petition for naturalization
What is before the Court is a portion of Pascua's which contains the alleged untruthful statements bars the
counter-affidavit in that case as quoted by public prosecution of petitioner for perjury.
respondent in his 4 April 2000 Resolution. Admittedly, some
inference is possible from this quoted material, namely, HELD: Fully cognizant of the truth surrounding his moral
that the basis of petitioner's complaint in OMB-ADM-1-99- character and residence, petitioner instead declared
0387 is that Pascua prevented her from taking part in the falsely in his verified petition for naturalization that "he
July 1998 meeting. However, it would be improper for the has all the qualifications and none of the disqualification
Court to rely on such inference because the element of under C.A. No. 473." Clearly, he willfully asserted
materiality must be established by evidence and not left to falsehood under oath on material matters required by law.
inference. It is not necessary that the proceeding in which the perjury
At any rate, petitioner's complaint for perjury will still not is alleged to have been committed be first terminated
prosper because Pascua's statement — that OMB-ADM-1-99- before a prosecution for the said crime is commenced. At
0387 is significantly the same as petitioner's and Yabut's the time he filed his petition for naturalization, he had
administrative complaint against respondent Pascua before committed perjury. All the elements of the crime were
the DECS — is immaterial to the inferred issue. already present then. He knew all along that he wilfully
The third element of perjury requires that the accused stated material falsities in his verified petition.
willfully and deliberately assert a falsehood. Good faith or Surprisingly, he withdrew his petition without even stating
lack of malice is a valid defense. Here, the Court finds that any reason therefor. But such withdrawal only terminated
respondent Pascua's statement in his counter-affidavit in the proceedings for naturalization. It did not extinguish his
OMB-ADM-1-99-0387 that he called the 16 July 1998 culpability for perjury he already committed. Indeed, the
meeting does not constitute a deliberate assertion of fact of withdrawal alone cannot bar the State from
falsehood. While it was Yabut and some unidentified ACNTS prosecuting petitioner, an alien, who made a mockery not
personnel who requested a dialogue with respondent only of the Philippine naturalization law but the judicial
Pascua, it was Pascua's consent to their request which led proceedings as well. And the petition for naturalization
to the holding of the meeting. Thus, Pascua's statement in tainted with material falsities can be used as evidence of
question is not false much less malicious. It is a good faith his unlawful act.
interpretation of events leading to the holding of the Petitioner then claims that since the petition for
meeting. naturalization is a pleading, the allegations therein are
Regarding Pascua's allegation in his counter-affidavit in absolutely privileged and cannot be used for any criminal
OMB-ADM-1-99-0387 that petitioner’s complaint was a mere prosecution against him, citing Sison vs. David, People vs.
"rehash and duplication with a slight deviation of fact" of Aquino and Flordelis vs. Himalaloan.
the DECS administrative case petitioner and Yabut filed The argument is unavailing. Sison and Aquino both involve
against Pascua, it was not shown by petitioner why this is libel cases. In Sison, this Court categorically stressed that
false. Petitioner again did not furnish the Court a copy of the term "absolute privilege" (or "qualified privilege") has
her and Yabut's complaint with the DECS. an "established technical meaning, in connection with civil
Turla's statement in OMB-ADM-1-99-0387 that respondent actions for libel and slander." The purpose of the privilege
Pascua called the 16 July 1998 meeting was a mere is to ensure that "members of the legislature, judges of
reiteration of what respondent Pascua told him. courts, jurors, lawyers, and witnesses may speak their
Consequently, it was correct for the Deputy Ombudsman minds freely and exercise their respective functions
for Luzon to hold that since respondent Turla merely without incurring the risk of a criminal prosecution or an
repeated what he heard from respondent Pascua, he could action for the recovery of damages. It is granted in aid and
for the advantage of the administration of justice."

45
Certainly, in the present case, petitioner cannot seek prosper. In other words, A's civil status is not a defense to
refuge under the absolutely privileged communication rule the charge of immorality, hence, not a material matter that
since the false statements he made in his petition for could influence the charge. There is no crime of subornation
naturalization has instead made a mockery of the of perjury. The crime is now treated as plain perjury with the
administration of justice. one inducing another as the principal inducement, and the
The Flordelis case is likewise not in point. There, Flordelis latter, as principal by direct participation (People vs. Podol
was charged with perjury for having alleged false 66 Phil. 365). Since in this case A cannot be held liable for
statements in his verified answer. This Court held that no perjury, the matter that he testified to being immaterial, he
perjury could be committed by Flordelis because "an cannot therefore be held responsible as a principal by
answer to a complaint in an ordinary civil action need not
inducement when he induced C to testify on his status.
be under oath," thus, "it is at once apparent that one
Consequently, C is not liable as principal by direct
element of the crime of perjury is absent . . ., namely,
participation in perjury, having testified on matters not
that the sworn statement complained of must be required
material to an administrative case.
by law.”
Perjury (2005)
Al Chua, a Chinese national, filed a petition under oath for
Perjury (1996)
naturalization, with the Regional Trial Court of Manila. In his
Sisenando purchased the share of the stockholders of
petition, he stated that he is married to Leni Chua; that he is
Estrella Corporation in two installments, making him the
living with her in Sampaloc, Manila; that he is of good moral
majority stockholder thereof and eventually, its president.
character; and that he has conducted himself in an
Because the stockholders who sold their stocks failed to
irreproachable manner during his stay in the Philippines.
comply with their warranties attendant to the sale,
However, at the time of the filing of the petition, Leni Chua
Sisenando withheld payment of the second installment due
was already living in Cebu, while Al was living with Babes
on the shares and deposited the money in escrow instead,
Toh in Manila, with whom he has an amorous relationship.
subject to release once said stockholders comply with their
After his direct testimony, Al Chua withdrew his petition for
warranties.
naturalization. What crime or crimes, if any, did Al Chua
The stockholders concerned, in turn, rescinded the sale in
commit? Explain. (5%)
question and removed Sisenando from the Presidency of the
SUGGESTED ANSWER:
Estrella Corporation, Sisenando then filed a verified
Al Chua committed perjury. His declaration under oath for
complaint for damages against said stockholders in his
naturalization that he is of good moral character and residing
capacity as president and principal stockholder of Estrella
at Sampaloc, Manila are false. This information is material to
Corporation. In retaliation, the stockholders concerned, after
his petition for naturalization. He committed perjury for this
petitioning the Securities and Exchange Commission to
willful and deliberate assertion of falsehood which is
declare the rescission valid, further filed a criminal case for
contained in a verified petition made for a legal purpose.
perjury against Sisenando, claiming that the latter perjured
(Choa v. People, G.R. No. 142011, March 14, 2003)
himself when he stated under oath in the verification of his
complaint for damages that he is the President of the
Estrella Corporation when in fact he had already been Article 184. Offering False Testimony in
removed as such. Under the facts of the case, could Evidence
Sisenando be held liable for perjury? Explain.
SUGGESTED ANSWER: Elements
No, Sisenando may not be held liable for perjury because It
cannot be reasonably maintained that he willfully and
1. Offender offers in evidence a false witness or
deliberately made an assertion of a falsehood when he
alleged in the complaint that he is the President of the
testimony;
Corporation, obviously, he made the allegation on the 2 He knows that the witness or the testimony was
premise that his removal from the presidency is not valid false;
and that is precisely the issue brought about by his 3. The offer is made in any judicial or official
complaint to the SEC. It is a fact that Sisenando has been proceeding.
the President of the corporation and it is from that position
that the stockholders concerned purportedly removed him,  To consummate the offense, the witness or
whereupon he filed the complaint questioning his removal.
testimony must be offered in evidence. Offer of
There is no willful and deliberate assertion of a falsehood
which is a requisite of perjury.
evidence begins the moment the witness is called
Perjury (1997) to the witness stand and interrogated by counsel.
A, a government employee, was administratively charged  Art. 184 applies when the offender without
with immorality for having an affair with B, a coemployee in inducing another, but knowing him to be a false
the same office who believed him to be single. To exculpate witness, presented him as a witness and he
himself, A testified that he was single and was willing to testified falsely.
marry B, He induced C to testify and C did testify that B was  The penalty shall be that for false testimony if
single. The truth, however, was that A had earlier married D,
committed in a judicial proceeding or that for
now a neighbor of C. Is A guilty of perjury? Are A and C
guilty of subordination of perjury?
perjury if committed in another proceeding.
SUGGESTED ANSWER:
No. A is not guilty of perjury because the willful falsehood OBSTRUCTION OF JUSTICE
asserted by him is not material to the charge of immorality. (PRESIDENTIAL DECREE NO.1829)
Whether A is single or married, the charge of immorality
against him as a government employee could proceed or
Prohibited Acts

46
 Giving of false or
 Preventing witnesses fabricated information to mislead or
from testifying in any criminal prevent the law enforcement agencies
proceeding or from reporting the from apprehending the offender or from
commission of any offense or the identity protecting the life or property of the victim;
of any offender/s by means of bribery, or
misrepresentation, deceit, intimidation, force
or threats;  Fabricating information
from the data gathered in confidence
 Faltering, destroying, by investigating authorities for
suppressing or concealing any paper, purposes of background information
record, document, or object, with and not for publication and publishing or
intent to impair its verity, authenticity, disseminating the same to mislead the
legibility, availability, or admissibility investigator or the court.
as evidence in any investigation of or
official proceedings in, criminal cases, or to Bar Questions
be used in the investigation of, or official Falsification; Presumption of Falsification (1999)
proceedings in, criminal cases; A falsified official or public document was found in the
possession of the accused. No evidence was introduced to
show that the accused was the author of the falsification. As
 Publicly using a fictitious a matter of fact, the trial court convicted the accused of
name for the purpose of concealing a crime, falsification of official or public document mainly on the
evading prosecution or the execution of a proposition that "the only person who could have made the
judgment, or concealing his true name and erasures and the superimposition mentioned is the one who
other personal circumstances for the same will be benefited by the alterations thus made" and that "he
purpose or purposes; alone could have the motive for making such alterations".
Was the conviction of the accused proper although the
conviction was premised merely on the aforesaid
 Delaying the prosecution of
ratiocination? Explain your answer. (3%)
criminal cases by obstructing the service SUGGESTED ANSWER:
of process or court orders or disturbing Yes, the conviction is proper because there is a
proceedings in the fiscal's offices, in presumption in law that the possessor and user of a falsified
Ombudsman, or in the courts; document is the one who falsified the same.
Forgery & Falsification (1999)
 Making, presenting or How are "forging" and "falsification" committed? (3%)
using any record, document, paper or SUGGESTED ANSWER:
FORGING or forgery is committed by giving to a treasury or
object with knowledge of its falsity and
bank note or any instrument payable to bearer or to order
with intent to affect the course or the appearance of a true and genuine document; or by
outcome of the investigation of, or erasing, substituting, counterfeiting, or altering by any
official proceedings in, criminal cases; means the figures, letters, words or signs contained therein.
FALSIFICATION, on the other hand, is committed by:
 Soliciting, accepting, or 1 Counterfeiting or imitating any handwriting, signature or
agreeing to accept any benefit in rubric;
consideration of abstaining from, 2 Causing it to appear that persons have participated in any
act or proceeding when they did not in fact so participate;
discounting, or impeding the
3 Attributing to persons who have participated in an act
prosecution of a criminal offender; or proceeding statements other than those in fact made by
them;
 Threatening directly or 4 4 Making untruthful statements in a narration of facts;
indirectly another with the infliction of 5 Altering true dates;
any wrong upon his person, honor or 6 Making any alteration or intercalation in a genuine
property or that of any immediate document which changes its meaning;
member or members of his family in 7 Issuing in an authenticated form a document purporting to
be a copy of an original document when no such original
order to prevent such person from
exists, or including in such copy a statement contrary to, or
appearing in the investigation of, or different from, that of the genuine original; or
official proceedings in, criminal cases, or 8 Intercalating any instrument or note relative to the
imposing a condition, whether lawful or issuance thereof in a protocol, registry, or official book.
unlawful, in order to prevent a person from
appearing in the investigation of or in official Article 185. Machinations in Public Auctions
proceedings in, criminal cases;
Acts punished

47
1. Soliciting any gift or promise as a consideration 1. Combination to prevent free competition in the
for refraining from taking part in any public market;
auction;
Elements
Elements 1. Entering into any contract or agreement
1. There is a public auction; or taking part in any conspiracy or
2. Offender solicits any gift or a promise combination in the form of a trust or
from any of the bidders; otherwise;
3. Such gift or promise is the consideration 2. In restraint of trade or commerce or to
for his refraining from taking part in that prevent by artificial means free
public auction; competition in the market.
4. Offender has the intent to cause the
reduction of the price of the thing 2. Monopoly to restrain free competition in the
auctioned. market;
2. Attempting to cause bidders to stay away from Elements

an auction by threats, gifts, promises or any 1. By monopolizing any merchandise or
other artifice. object of trade or commerce, or by
combining with any other person or
Elements persons to monopolize said merchandise
1. There is a public auction; or object;
2. Offender attempts to cause the bidders 2. In order to alter the prices thereof by
to stay away from that public auction; spreading false rumors or making use of
3. It is done by threats, gifts, promises or any other artifice;
any other artifice; 3. To restrain free competition in the
4. Offender has the intent to cause the market
reduction of the price of the thing
auctioned. 3. Manufacturer, producer, or processor or importer
combining, conspiring or agreeing with any
 This crime is consummated by mere solicitation of person to make transactions prejudicial to lawful
gift or promise as a consideration for not bidding. commerce or to increase the market price of
Likewise, mere attempt to cause prospective merchandise.
bidders to stay away from an auction by means of
threats, gifts, promises or any other artifice Elements
consummates the crime. 1. Manufacturer, producer, processor or
 Reason: so execution should be opened to free and importer of any merchandise or object
full competition to secure the maximum benefit for of commerce;
the debtor. 2. Combines, conspires or agrees with any
person;
3. Purpose is to make transactions
People vs. Ouano prejudicial to lawful commerce or to
increase the market price of any
Echavez and Ouano had an oral agreement that only the
merchandize or object of commerce
former would make a bid for a parcel of land in a public
bidding, and if accepted, they would divide the property in manufactured, produced, processed,
proportion to their adjoining properties. To ensure the assembled or imported into the
success of their plans, they induced the only other party Philippines.
interested by paying her P2000 to desist from bidding.
 Mere conspiracy or combination is punished.
HELD: The acts constituted a crime under Art 185. They
 If the offense affects any food substance or other
caused another bidder to stay away from the auction in
order to cause the reduction of the price of the property article of prime necessity, it is sufficient that initial
auctioned. The parties have no cause of action against each steps are taken toward carrying out the purposes of
other to and are both liable for the crime. combination.
 When offense is committed by a corporation or
association, the president and directors or
Article 186. Monopolies and Combinations in managers are liable. But they are liable only when
Restraint of Trade they (1) knowingly permitted or (2) failed to
prevent the commission of such offense.
Acts punished

48
Article 187. Importation and Disposition of  It is not necessary that the goods of the prior user
Falsely Marked Articles or Merchandise Made of and the late user of the trademark are of the same
Gold, Silver, or Other Precious Metals of Their categories.
Alloys  The trademark or tradename must be registered. It
must not be merely descriptive or generic.
Elements  The exclusive right to an originally valid trademark
1. Offender imports, sells or disposes articles made or tradename is lost, if for any reason it loses its
of gold, silver, or other precious metals or their distinctiveness or has become publici juris.
alloys;
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or Article 189. Unfair Competition, Fraudulent
quality of said metals or alloys; Registration of Trade Name, Trademark, or
3. Offender knows that the stamps, brands, or Service Mark, Fraudulent Designation of Origin,
marks fail to indicate the actual fineness or and False Description
quality of the metals or alloys.
Acts punished
 Articles involved are those made of gold, silver,
other precious metals or their alloys. 1. Unfair competition;
 Selling the misbranded articles is not necessary but
there must be evidence showing that the articles Elements
were imported. 1. By selling his goods;
 Art 187 does not apply to manufacturer of 2. Giving them the general appearance of
misbranded articles made of gold, silver, other the goods of another manufacturer or
precious metals or their alloys. dealer;
3. The general appearance is shown in the
goods themselves, or in the wrapping of
Article 188. Substituting and Altering their packages, or in the device or
Trademarks, Trade names, or Service Marks words therein, or in any feature of their
appearance;
Acts punished 4. There is actual intent to deceive the
public or defraud a competitor.
1. Substituting the trade name or trademark of
some other manufacturer or dealer, or a 2. Fraudulent designation of origin; false
colorable imitation thereof for the trade name or description:
trademark of the real manufacturer or dealer Elements
upon any article of commerce and selling the 1. By affixing to his goods or using in
same; connection with his services a false
2. Selling or offering for sale such articles of designation of origin, or any false
commerce knowing that the trade name or description or representation; and
trademark has been fraudulently used; 2. Selling such goods or services.
3. Using or substituting the service mark of some
other person, or a colorable imitation of such 3. Fraudulent registration
mark n the sale or advertising of his services; Elements
4. Printing, lithographing or reproducing trade 1. By procuring fraudulently from the
name, trademark, or service mark of one person patent office;
or a colorable imitation thereof to enable another 2. The registration of trade name,
person to fraudulently use the same knowing the trademark or service mark
fraudulent purpose for which it is to be used.
 Unfair competition consists in employing deception
 The tradename, trademark or service mark used by or any other means contrary to good faith by
the offender need not be identical with the which any person shall pass off the goods
infringed tradename, trademark or service mark. A manufactured by him or in which he deals, or his
colorable imitation is sufficient. But there must not business, or his services for those of the one having
be differences which are glaring and striking to the established goodwill, or committing any acts
eye. calculated to produce such result.
 They function of a trademark is to indicate the  Mere offer for sale completes the commission of the
origin or ownership of the goods to which it is crime. Evidence of actual fraudulent intent is not
fixed. necessary.

49
 The true test of unfair competition is WON certain
goods have been clothed with an appearance which Elements:
is likely to deceive the ordinary purchaser 1. Person has established goodwill (has identified in
exercising ordinary. the mind of the public his goods, business or
 The master is criminally responsible for acts of his services), whether or not a registered mark is
servants and employees in violation of the penal employed
2. Another person passes of the goods he deals in
provisions touching trademarks, tradenames; and
for those of the person who has established
unfair competition if he causes the illegal act to be goodwill
done, or requests, command or permits it or in any 3. By means contrary to good faith (malice and
manner authorizes it, or aids or abets the servant in intent to deceive essential)l
its commission of , whether he is present at the
time the unlawful act is committed or not. The ff. are DEEMED to have committed unfair competition:
(a) gives goods the general appearance of goods of another

La Chemise Lacoste v Fernandez or such appearance as is likely to deceive the public or
defraud another of his legitimate trade + to influence
In 1975, Hemandas & Co., a domestic firm was issued purchasers to believe that the goods offered are those of
registration for the trademark "CHEMISE LACOSTE & another + sells the goods (includes subsequent vendor and
CROCODILE DEVICE" by the Philippine Patent Office for use agent of any vendor)
on T-shirts, sportswear and other garment products of the
company. (b) induces the false belief that he is offering the services of
another who has established goodwill + by any artifice or
La Chemise Lacoste, S.A.,the actual owner of the TM’s device
"LACOSTE", "CHEMISE LACOSTE", "CROCODILE DEVICE" used
on clothings and sporting apparels sold worldwide filed a (c) makes any false statement in the course of trade or any
Petition for Cancellation of Hamandas registration as it is other act contrary to good faith + act or statement
claiming prior registration of the TM’s. calculated to discredit the business of another
HELD: The records show that the goodwill and reputation of 3. False Designation of Origin / False Description of
La Chemise products bearing the TM LACOSTE date back Fact
even before 1964 when LACOSTE clothing apparels were
first marketed in the Philippines. To allow Hemandas to Elements:
continue using the trademark Lacoste for the simple reason 1. Uses in commerce any false designation of origin, false
that he was the first registrant of a trademark used in description or representation of fact which:
international commerce and not belonging to him is to
is likely to deceive as to sponsorship or approval of
render nugatory the very essence of the law on trademarks
goods by another person
and tradenames.
misrepresents nature, characteristics, qualities and
The purpose of the law is to point out distinctly the origin geographic origin of goods in commercial
or ownership of the article to which it is affixed, to secure advertising or promotion
to him, who has been instrumental in bringing into a
market a superior article of merchandise, the fruit of his PATENTS
industry and skill, and to prevent fraud and imposition. It is
based on the principle of business integrity and common What act are punishable?
justice.
Repetition of Infringement
REPUBLIC ACT NO. 8293 Elements:
The Intellectual Property Code of the Philippines 1. Existence of a final judgment against the offender
TRADEMARKS, TRADENAMES, SERVICEMARKS in a civil action for infringement of patent
2. Infringer or anyone in connivance with him
What acts are punishable? repeats the infringement after the finality of the
judgment
1. Infringement
By the way, what is infringement with respect to patents?
Elements:
1. Registration of TN, TM or SM It is the making, using, offering for sale, selling, or importing
2. Use in commerce by another (inc. reproduction and of a (1) patented product or a product obtained directly or
application of reproduction) indirectly from a patented process, or the use of a patented
3. Use is without owner’s consent process (2) without authorization of the patentee.
4. Use is likely to cause confusion, cause mistake or
deceive Prescription: The criminal action for repetition of
 regardless of whether or not there is actual infringement of patent prescribes in three (3) years from
sale date of the commission of the crime.
2. Unfair Competition COPYRIGHT

50
(c) (i) claiming delivery of goods;
Who are punishable? (ii) authorizing release of goods;
(iii) giving notice of loss of, or damage to
1. Any person infringing any right secured by the provisions goods;
of the law on copyright (like copy or economic rights, moral
rights etc.) or of aiding or abetting such infringement; (d) giving any other notice or statement in connection
with the performance of the contract;
2. Any person who at the time when copyright subsists in a (e) undertaking to deliver goods to a named person
work has in his possession an article which he knows, or or a person authorized to claim delivery;
ought to know, to be an infringing copy of the work for the (f) granting, acquiring, renouncing, surrendering,
purpose of: transferring or negotiating rights in goods;
(a) Selling, letting for hire, or by way of (g) acquiring or transferring rights and obligations
trade, offering or exposing for sale, or under the contract.
hire, the article;
(b) Distributing the article for purposes of SECTION 26. Transport Documents. — (1) Subject to
trade, or for any other purpose to an paragraph (3), where the law requires that any action
extent that will prejudice the rights of referred to in Section 25 be carried out in writing or by using
the copyright owner in the work; or a paper document, that requirement is met if the action is
(c) Trade (?) exhibit of the articles in public. carried out by using one or more electronic data messages
or electronic documents.
(2) Paragraph (1) applies whether the requirement
therein is in the form of an obligation or whether the law
REPUBLIC ACT NO. 455 simply provides consequences for failing either to carry out
AN ACT TO AMEND SECTION TWO THOUSAND SEVEN the action in writing or to use a paper document.
HUNDRED AND TWO, AND TWO THOUSAND SEVEN (3) If a right is to be granted to, or an obligation is to
HUNDRED AND THREE OF THE REVISED be acquired by, one person and no other person, and if the
ADMINISTRATIVE CODE law requires that, in order to effect this, the right or
Sec. 2703. Various fraudulent practices against customs obligation must be conveyed to that person by the transfer,
revenues. — Any person who makes or attempts to make or use of, a paper document, that requirement is met if the
any entry of imported or dutiably exported merchandise by right or obligation is conveyed by using one or more
means of any false or fraudulent invoice, declaration, electronic data messages or electronic documents: Provided,
affidavit, letter, paper, or by means of any false statement, That a reliable method is used to render such electronic data
written or verbal, or by means of any false or fraudulent messages or electronic documents unique.
practice whatsoever, or shall be guilty of any willful act or (4) For the purposes of paragraph (3), the standard of
omission by means whereof the Government of the Republic reliability required shall be assessed in the light of the
of the Philippines might be deprived of the lawful duties, or purpose for which the right or obligation was conveyed and
any portion thereof, accruing from the merchandise or any in the light of all the circumstances, including any relevant
portion thereof, embraced or referred to in such invoice, agreement.
declaration, affidavit, letter, paper, or statement, or affected (5) Where one or more electronic data messages or
by such act or omission, shall, for each offense, be punished electronic documents are used to effect any action in
by a fine of not less than six hundred pesos but not more subparagraphs (f) and (g) of Section 25, no paper document
than five thousand pesos and by imprisonment for not less used to effect any such action is valid unless the use of
than six months nor more than two years and, if the electronic data message or electronic document has been
offender is an alien, he may be subject to deportation. terminated and replaced by the use of paper documents. A
paper document issued in these circumstances shall contain
a statement of such termination. The replacement of
electronic data messages or electronic documents by paper
RA 8792 documents shall not affect the rights or obligations of the
E-Commerce Act parties involved.
(6) If a rule of law is compulsorily applicable to a
SECTION 25. Actions Related to Contracts of Carriage contract of carriage of goods which is in, or is evidenced by,
of Goods. — Without derogating from the provisions of Part a paper document, that rule shall not be inapplicable to such
Two of this Act, this Chapter applies to any action in a contract of carriage of goods which is evidenced by one or
connection with, or in pursuance of, a contract of carriage of more electronic data messages or electronic documents by
goods, including but not limited to: reason of the fact that the contract is evidenced by such
(a) (i) furnishing the marks, number, quantity electronic data message or electronic documents instead of
or weight of goods; by a paper document.
(ii) stating or declaring the nature or value of
goods; SECTION 30. Extent of Liability of a Service Provider.
(iii) issuing a receipt for goods; — Except as otherwise provided in this Section, no person or
(iv) confirming that goods have been loaded; party shall be subject to any civil or criminal liability in
respect of the electronic data message or electronic
(b) (i) notifying a person of terms and document for which the person or party acting as a service
conditions of the contract; provider as defined in Section 5, merely provides access if
(ii) giving instructions to a carrier; such liability is founded on —

51
a.) The obligations and liabilities of the parties under the data messages or electronic documents shall be
electronic data message or electronic document; punished by a minimum fine of One hundred
b.) The making, publication, dissemination or distribution of thousand pesos (P100,000.00) and a maximum
such material or any statement made in such material, commensurate to the damage incurred and a
including possible infringement of any right subsisting in or mandatory imprisonment of six (6) months to
in relation to such material: Provided, That three (3) years;
i.The service provider does not have actual b) Piracy or the unauthorized copying, reproduction,
knowledge, or is not aware of the facts or circumstances dissemination, distribution, importation, use,
from which it is apparent, that the making, publication, removal, alteration, substitution, modification,
dissemination or distribution of such material is unlawful or storage, uploading, downloading, communication,
infringes any rights subsisting in or in relation to such making available to the public, or broadcasting of
material; protected material, electronic signature or
ii.The service provider does not knowingly receive copyrighted works including legally protected
a financial benefit directly attributable to the unlawful or sound recordings or phonograms or information
infringing activity; and material on protected works, through the use of
iii.The service provider does not directly commit telecommunication networks, such as, but not
any infringement or other unlawful act and does not induce limited to, the internet, in a manner that infringes
or cause another person or party to commit any intellectual property rights shall be punished by a
infringement or other unlawful act and/or does not benefit minimum fine of One hundred thousand pesos
financially from the infringing activity or unlawful act of (P100,000.00) and a maximum commensurate to
another person or party: Provided, further, That nothing in the damage incurred and a mandatory
this Section shall affect — imprisonment of six (6) months to three (3) years;
a)Any obligation founded on contract; c) Violations of the Consumer Act or Republic Act No.
b)The obligation of a service provider as such 7394 and other relevant or pertinent laws through
under a licensing or other regulatory regime established transactions covered by or using electronic data
under written law; or messages or electronic documents, shall be
c)Any obligation imposed under any written law; penalized with the same penalties as provided in
d)The civil liability of any party to the extent that those laws;
such liability forms the basis for injunctive relief issued by a d) Other violations of the provisions of this Act, shall
court under any law requiring that the service provider take be penalized with a maximum penalty of One
or refrain from actions necessary to remove, block or deny million pesos (P1,000,000.00) or six (6) years
access to any material, or to preserve evidence of a violation imprisonment.
of law.
SECTION 31. Lawful Access. — Access to an RA 9160

electronic file, or an electronic signature of an electronic ANTI-MONEY LAUNDERING ACT OF 2001, AS
data message or electronic document shall only be AMENDED BY RA 9194
authorized and enforced in favor of the individual or entity
having a legal right to the possession or the use of the SECTION 3. Definitions. — For purposes of this Act,
plaintext, electronic signature or file and solely for the the following terms are hereby defined as follows:
authorized purposes. The electronic key for identity or (a) “Covered Institution” refers to:
integrity shall not be made available to any person or party (1) banks, non-banks, quasi-banks, trust entities,
without the consent of the individual or entity in lawful and all other institutions and their subsidiaries and
possession of that electronic key. affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);
SECTION 32. Obligation of Confidentiality. — Except (2) insurance companies and all other institutions
for the purposes authorized under this Act, any person who supervised or regulated by the Insurance
obtained access to any electronic key, electronic data Commission; and
message or electronic document, book, register, (3) (i) securities dealers, brokers, salesmen,
correspondence, information, or other material pursuant to investment houses and other similar
any powers conferred under this Act, shall not convey to or entities managing securities or
share the same with any other person. rendering services as investment agent,
advisor, or consultant,
SECTION 33. Penalties. — The following Acts shall be (ii) mutual funds, close-end investment
penalized by fine and/or imprisonment, as follows: companies, common trust funds, pre-
a) Hacking or cracking which refers to unauthorized need companies and other similar
access into or interference in a computer entities,
system/server or information and communication (iii) foreign exchange corporations,
system; or any access in order to corrupt, alter, money changers, money payment,
steal, or destroy using a computer or other similar remittance, and transfer companies and
information and communication devices, without other similar entities, and
the knowledge and consent of the owner of the (iv) other entities administering or
computer or information and communication otherwise dealing in currency,
system, including the introduction of computer commodities or financial derivatives
viruses and the like, resulting in the corruption, based thereon, valuable objects, cash
destruction, alteration, theft or loss of electronic substitutes and other similar monetary

52
instruments or property supervised or (1) Kidnapping for ransom under Art. 267 of
regulated by Securities and Exchange Act 3815, otherwise known as the RPC, as
Commission. amended;
(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14,
(b) ‘Covered transaction’ is a transaction in cash or 15, and 16 of RA 9165, otherwise known as the
other equivalent monetary instrument involving a total Comprehensive Dangerous Drugs Act of 2002;
amount in excess of Five hundred thousand pesos (3) Sect. 3 pars. B, C, E, G, H and I of RA
(P500,000.00) within one (1) banking day. (as amended by 3019, as amended, otherwise known as the Anti-
RA 9194) Graft and Corrupt Practices Act;
(4) Plunder under RA 7080, as amended;
(b-1) ‘Suspicious transactions’ are transactions with (5) Robbery and extortion under Arts. 294,
covered institutions, regardless of the amounts involved, 295, 296, 299, 300, 301 and 302 of the RPC, as
where any of the following circumstances exist: amended;
(1) there is no underlying legal or trade obligation, (6) Jueteng and Masiao punished as illegal
purpose or economic justification; gambling under PD 1602;
(2) the client is not properly identified; (7) Piracy on the high seas under the RPC,
(3) the amount involved is not commensurate with as amended, and PD 532;
the business or financial capacity of the client; (8) Qualified theft under Art 310 of the RPC,
(4) taking into account all known circumstances, it as amended;
may be perceived that the client's transaction is (9) Swindling under Art 315 of the RPC, as
structured in order to avoid being the subject of amended;
reporting requirements under the Act; (10) Smuggling under RAs 455 and 1937;
(5) any circumstance relating to the transaction (11) Violations under RA 8792, otherwise
which is observed to deviate from the profile of known as the Electronic Commerce Act of 2000;
the client and/or the client's past transactions with (12) Hijacking and other violations under RA
the covered institution; 6235; destructive arson and murder, as defined
(6) the transaction is in any way related to an under the RPC, as amended, including those
unlawful activity or offense under this Act that is perpetrated by terrorists against non-combatant
about to be, is being or has been committed; or persons and similar targets;
(7) any transaction that is similar or analogous to (13) Fraudulent practices and other violations
any of the foregoing. under RA 8799, otherwise known as the Securities
Regulation Code of 2000;
(c) “Monetary instrument” refers to: (14) Felonies or offenses of a similar nature
(1) coins or currency of legal tender of the that are punishable under the penal laws of other
Philippines, or of any other country; countries.
(2) drafts. checks and notes;
(3) securities or negotiable instruments, SECTION 4. Money Laundering Offense. — Money
bonds, commercial papers, deposit certificates, laundering is a crime whereby the proceeds of an unlawful
trust certificates, custodial receipts or deposit activity as herein defined are transacted, thereby making
substitute instruments, trading orders, transaction them appear to have originated from legitimate sources. It is
tickets and confirmations of sale or investments committed by the following:
and money marked instruments; and (a) Any person knowing that any monetary instrument
(4) other similar instruments where title or property represents, involves, or relates to, the proceeds
thereto passes to another by endorsement, of any unlawful activity, transacts or attempts to transact
assignment or delivery. said monetary instrument or property.
(b) Any person knowing that any monetary instrument
(d) "Offender" refers to any person who commits a or property involves the proceeds of any unlawful activity,
money laundering offense. performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in
(e) "Person" refers to any natural or juridical person. paragraph (a) above.
(c) Any person knowing that any monetary instrument
(f) "Proceeds" refers to an amount derived or realized or property is required under this Act to be disclosed and
from an unlawful activity. filed with the Anti-Money Laundering Council (AMLC), fails to
(g) “Supervising Authority” refers to the appropriate do so.
supervisory or regulatory agency, department or office
supervising or regulating the covered institutions SECTION 9. (c) Reporting of Covered and Suspicious
enumerated in Section 3(a). Transactions. — Covered institutions shall report to the
AMLC all covered transactions and suspicious transactions
(h) “Transaction” refers to any act establishing any within 5 working days from occurrence thereof, unless the
right or obligation or giving rise to any contractual or legal Supervising Authority prescribes a longer period not
relationship between the parties thereto. It also includes any exceeding 10 working days.
movement of funds by any means with a covered institution.
Should a transaction be determined to be both a covered
(i) “Unlawful activity” refers to any act or omission or transaction and a suspicious transaction, the covered
series or combination thereof involving or having direct institution shall be required to report the same as a
relation to the following: suspicious transaction.

53
any juridical person, the penalty shall be imposed upon the
When reporting covered or suspicious transactions to the responsible officers, as the case may be, who participated
AMLC, covered institutions and their officers and employees in, or allowed by their gross negligence, the commission of
shall not be deemed to have violated RA 1405, as amended; the crime. If the offender is a juridical person, the court may
RA 6426, as amended, RA 8791 and other similar laws, but suspend or revoke its license. If the offender is an alien, he
are prohibited from communicating, directly or indirectly, in shall, in addition to the penalties herein prescribed, be
any manner or by any means, to any person, the fact that a deported without further proceedings after serving the
covered or suspicious transaction report was made, the penalties herein prescribed. If the offender is a public official
contents thereof, or any other information in relation or employee, he shall, in addition to the penalties prescribed
thereto. In case of violation thereof, the concerned officer herein, suffer perpetual or temporary absolute
and employee of the covered institution shall be criminally disqualification from office, as the case may be.
liable. However, no administrative, criminal or civil
proceedings, shall lie against any person for having made a Any public official or employee who is called upon to testify
covered or suspicious transaction report in the regular and refuses to do the same or purposely fails to testify shall
performance of his duties in good faith, whether or not such suffer the same penalties prescribed herein.
reporting results in any criminal prosecution under this Act
or any other law. (d) Breach of Confidentiality. The punishment of
imprisonment ranging from 3 to 8 years and a fine of not
When reporting covered or suspicious transactions to the less than P500,000 but not more than P1,000,000 shall be
AMLC, covered institutions and their officers and employees imposed on a person convicted for a violation under Section
are prohibited from communicating directly or indirectly, in 9(c).
any manner or by any means, to any person or entity, the
media, the fact that a covered or suspicious transaction In the case of a breach of confidentiality that is published or
report was made, the contents thereof, or any other reported by media, the responsible reporter, writer,
information in relation thereto. Neither may such reporting president, publisher, manager and editor-in-chief shall be
be published or aired in any manner or form by the mass liable under this Act.
media, electronic mail, or other similar devices. In case of
violation thereof, the concerned officer and employee of the
covered institution and media shall be held criminally liable.
Bar Questions
R.A. No. 9160 Anti-Money Laundering Act (2005)
Don Gabito, a philanthropist, offered to fund several projects
SECTION 14. Penal Provisions. —
of the Mayor. He opened an account in the
(a) Penalties for the Crime of Money Laundering. The
Mayor’s name and regularly deposited various amounts
penalty of imprisonment ranging from 7 to 14 years and a
ranging from P500,000.00 to P1 Million. From this account,
fine of not less than P3,000,000 but not more than twice the
the Mayor withdrew and used the money for constructing
value of the monetary instrument or property involved in the
feeder roads, barangay clinics, repairing schools and for all
offense, shall be imposed upon a person convicted under
other municipal projects. It was subsequently discovered
Section 4(a) of this Act.
that Don Gabito was actually a jueteng operator and the
amounts he deposited were proceeds from his jueteng
The penalty of imprisonment from 4 to 7 years and a fine of
operations. What crime/s were committed? Who are
not less than P1,500,000 but not more than P3,000,000,
criminally liable? Explain. (6%)
shall be imposed upon a person convicted under Section
SUGGESTED ANSWER:
4(b) of this Act.
Don Gabito violated the Anti-Money Laundering Act (Sec. 4,
R.A. No. 9160) for knowingly transacting money as property
The penalty of imprisonment from 6 months to 4 years or a
which involves or relates to the proceeds of an unlawful
fine of not less than P100,000 but not more than P500,000,
activity such as jueteng. In addition, he may be prosecuted
or both, shall be imposed on a person convicted under
for liability as ajueteng operator. (R.A. No. 9287) The mayor
Section 4(c) of this Act.
who allowed the opening of an account in his name is
likewise guilty for violation of the AMLA. He, knowing that
(b) Penalties for Failure to Keep Records. The penalty
the money instrument or property involves the proceeds of
of imprisonment from 6 months to one 1 year or a fine of
an unlawful activity, performs or fails to perform any act
not less than P100,000 but not more than P500,000, or
which results in the facilitation of money laundering.
both, shall be imposed on a person convicted under Section
9(b) of this Act.
(c) Malicious Reporting. Any person who, with malice, R.A. 8203
or in bad faith, reports or files a completely unwarranted or Special Law on Counterfeit Drugs
false information relative to money laundering transaction
against any person shall be subject to a penalty of 6 months What are counterfeit drugs?
to 4 years imprisonment and a fine of not less than
P100,000 but not more than P500,000, at the discretion of Counterfeit drug/medicine refers to medicinal
the court: products:
Provided, That the offender is not entitled to avail the  with the correct ingredients but not in
benefits of the Probation Law. the amounts as provided hereunder,
 wrong ingredients,
If the offender is a corporation, association, partnership or  without active ingredients,

54
 with insufficient quantity of active drugs in violation of this subsection, shall be excepted
ingredient, from liability under the provisions of this Act after:
which results in the reduction of the drug's safety, presentation of sales invoices, official receipts, or other
efficacy, quality, strength or purity. It is a drug which is legally acceptable documents evidencing his
deliberately and fraudulently mislabeled with respect to purchase thereof from a drugstore, distributor,
identity and/or source or with fake packaging, and can apply manufacture, hospital pharmacy or dispensary, or
to both branded and generic products. It shall also refer to: any other person or place duly licensed to sell
and/or dispense drugs or medicines, and
the drug itself, or the container or labeling thereof or any indicating therein the batch and lot numbers, as
part of such drug, container or labeling bearing without well as the expiry dates such drugs; or
authorization the trademark, trade name or other presentation of certificates and other documents
identification mark or imprint or any likeness to that evidencing the importation or exportation of the
which is owned or registered in the Bureau of Patent, counterfeit drugs found in his possession as
Trademark and Technology Transfer (BPTTT) in the required by existing laws including those
name of another natural or juridical person; documents required in the preceding paragraph
a drug product refilled in containers by unauthorized persons covering the commercial transactions involving
if the legitimate labels or marks are used; counterfeit drugs.
an unregistered imported drug product, except drugs
brought in the country for personal use as confirmed In both cases, the subject counterfeit must not on
and justified by accompanying medical records; and their face, appear to be as such, or do not bear
a drug which contains no amount of, or a different active any marking or any patently unusual characteristic
ingredient, or less than eighty percent (80%) of the sufficient to arouse the suspicion of a reasonable
active ingredient it purports to possess, as and prudent person that such drugs are
distinguished from an adulterated drug including counterfeit. Furthermore, the amount or volume of
reduction or loss of efficacy due to expiration. counterfeit drugs held is such that it does not
negate or is inconsistent with the averment that
What are the prohibited acts under the law? the same are for personal use, notwithstanding
the presentation by the possession of medical
1. The manufacture, sale, offering for sale, records and other similar documents
donation, distribution, trafficking, brokering, accompanying and justifying the use of such
exportation, or importation or possession of drugs.
counterfeit drugs.
3. Forging, counterfeiting, simulating or
The presence or availability of such counterfeit drugs falsely representing, or without proper
within the premises of any entity engaged in the sale, authority, using any mark, stamp, tag, label or other
manufacture or distribution of drugs and/or identification mark or device authorized or required by
pharmaceutical products or in a private residence, or in Republic Act No. 3720, as amended, and/or the
public or private vehicle, or in the premises not covered regulations promulgated under this Act.
by a valid license to operate from the Bureau, shall
constitute a prima facie evidence of violation of this 4. Photocopying, duplicating, altering,
Act. printing, transferring, obliterating or removing
the approved label or any part thereof, lawfully
This presumption shall not apply to the legitimate belonging to another person, for the purpose of using
owners of trademarks, trade names or other identifying such label or a part thereof on any counterfeit drug.
marks, or the legitimate or authorized representatives
or agents of such owners, who have in their possession That if the person who committed any of the acts
counterfeit drugs which bear the trademarks, trade enumerated in this paragraph and the person who used
names or marks if they can show the sales invoices or the labels produced thereby are not one and the same
official receipts evidencing their purchase from a person and the former had knowledge of the purpose
drugstore, manufacturer or distributor suspected by for which the labels are intended, the former shall also
them of dealing in counterfeit drugs involving the be liable under this Act notwithstanding the failure of
trademarks, trade names and other similar identifying the latter to achieve the intended purpose; and
marks registered in their names. Such counterfeit
products shall be reported and immediately turned over 5. Making, selling, or concealing any punch,
to the Bureau. dye, plate or any other equipment or instrument
designed to print, imprint or reproduce the
Compliance with the preceding proviso shall be made trademark, trade name or other identifying mark
within a reasonable period from the date of purchase of of another registered producer or any likeness thereof,
such counterfeit drugs as indicated in the sales invoice, upon any drug product or device or its container or
official receipt, or other similar documents label without authority from the legitimate owners of
abovementioned to the time the counterfeit drugs are the trademark or trade name.
reported and turned over to the Bureau.
2. Possession of any such counterfeit drugs. Who are liable?

However, any person found in possession of counterfeit

55
a) the manufacturer, exporter or importer of the
counterfeit drugs and their agents. The agents shall be
liable only upon proof of actual or constructive
knowledge that the drugs are counterfeit;
b) the seller, distributor, trafficker, broker or donor and
their agents, upon proof of actual or constructive
knowledge that the drugs sold, distributed, offered or
donated are counterfeit drugs;
c) the possessor of counterfeit drugs as provided in
Section 4 (b) hereof;
d) the manager, operator or lessee of the laboratory
facilities used in the manufacture of counterfeit drugs;
e) the owner, proprietor, administrator or manager of the
drugstore, hospital pharmacy or dispensary, laboratory
or other outlets or premises where the counterfeit drug
is found who induces, causes or allows the commission
of any act herein prohibited;
f) the registered pharmacist of the outlet where the
counterfeit drug is sold or found who, sells or dispenses
such drug to a third party and who has actual or
constructive knowledge that said drug is counterfeit;
and
g) should the offense be committed by a juridical person,
the president, general manager, the managing partner,
chief operating officer or the person who directly
induces, causes or knowingly allows the commission of
the offense shall be penalized.

56

Title 4 Public Interest

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Title Four Article 179.

Illegal use of uniforms or insignia

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

Persons liable Acts punished

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

Exception: use or the wearing of any insignia, badge or

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

2. Attempting to cause bidders to stay away from Elements

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

(a) gives goods the general appearance of goods of another

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

SECTION 31. Lawful Access. — Access to an RA 9160

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

2. Possession of any such counterfeit drugs. Who are liable?

C2005 Criminal Law 2 Reviewer

C2005 Criminal Law 2 Reviewer

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