reviewer on criminal law ii

8/7/2019 Reviewer on Criminal Law II

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Reviewer

On

Revised Penal Code(BOOK II)



Acts punished:

1.Forging the seal of the govt. of the Philippines

2. Forging the signature of the President;

3. Forging the stamp of the President

ART. 161: Forging the seal of the govt, signature or

stamp of the Chief Executive (ART. 161)



Elements:

1. That the Great Seal of the Republic was counterfeited or

the signature or stamp of the Chief Executive was forged

by another person.

2. That the offender knew of the counterfeiting or forgery.

3. That he used the counterfeit seal, or forged signature or

forgery.

ART. 162: Using forged signature or

counterfeit seal or stamp.



What are the crimes under counterfeiting coins?

1. Making and importing and uttering false coins

(ART. 163)2. Mutilation of coins importation and utterance

of mutilated coins (ART. 164)

3. Selling false or mutilated coin, without

connivance (ART. 165)

ART. 163: Counterfeiting coins



Elements:

1. That there be false or counterfeited coins.

2. That the offender either made, imported or utteredsuch coins.

3. That in case of uttering such false or counterfeited

coins, he connived with the counterfeiters or importers.

ART.163: Making and importing and uttering false

coins

Coin= a piece of metal stamped with certain marks and made current at a

certain value. ( Bouviers Law Dictionary, 519)



When is a coin false or counterfeited?

A coin if false or counterfeited, if it is forged or if it is

not authorized by the government as legal tender,regardless of its intrinsic value.



Acts punishable under ART. 164:

1. Mutilating coins of the legal currency, with the further

requirement that there be intent to damage or to defraudanother.

2. Importing or uttering such mutilated coins, with thefurther requirement that there must be connivance withthe mutilator or importer in case of uttering.

ART. 164. Mutilation of coins Importation and

utterance of mutilated coins



Acts punishable under ART. 165:

1. Possession of coin, counterfeited or mutilated by another person,

with intent to utter the same, knowing that it is false or mutilated.

Elements:

a. Possession;

b. with intent to utter; and

c. Knowledge.

2. Actually uttering such false or mutilated coin, knowing the

same to be false or mutilated.

Elements:

a. Actually uttering, and

b. knowledge

ART. 165: Selling of false or mutilated coin,

without connivance.



What are the acts penalizedunder ART. 166:

1. Forging or falsification of treasury or bank notes or otherpayable to bearer;

2. Importation of such false or forged obligations or notes;

3. Uttering of such false or forged obligations or notes in

connivance with the forgers or importers.

ART. 166: Forging treasury or bank notes ,

obligations and securities other documents

payable to bearer; importing and uttering such

false or forged notes and documents



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What are the 2 offenses contemplated in Art. 177?

1. Usurpation of authority;2. Usurpation of official function.

( People vs. Belarmino, C.A. 58 O.G. 6284)



2 Ways of committing the crime under ART.177

1. By knowingly and falsely representing oneself tobe an officer, agent or representative of any

department or agency of the Phil Govt or anyforeign govt;

2. By performing any act pertaining to any person inauthority or public officer of the Phil. govt or of aforeign govt or any agency thereof, under pretenseof official position, and without being lawfullyentitled to do so.



Elements ( Using fictitious name)

1. That the offender uses a name other than his real name;

2. That he uses that fictitious name publicly;

3. That the purpose of the offender __

a. to conceal a crime;

b. to evade the execution of a judgment;

c. to cause damage to public interest

Art. 178 Using fictitious name and concealing true name



What is a fictitious name?

Any other name which a person publicly

applies to himself without authority of law.

( U.S. vs. To Lee Piu, 35 Phil. 4)



What are t he elements in concealing true name?

1. That the offender conceals

a. his true name; andb. all other personal circumstances.

2. That the purpose is only to conceal his

identity.



Elements ( Illegal use of uniforms or insignia )

1. That the offender makes use of insignia, uniform or dress;

2. That the insignia, uniform or dress pertains to an office

not held by the offender or to a class of persons of which

he is not a member;

3. That said insignia, uniform or dress is used publicly and

improperly.

Art. 179: Illegal use of uniforms or insignia.



What are the 3 forms of false testimony:

1. False testimony in criminal cases ( ART. 180 & 181)2. False testimony in civil cases.(ART.182)

3. False testimony in other cases (ART. 183)



What are the elements on false testimony

against a defendant:

1. That there be a criminal proceeding;2. That the offender testifies falsely under oath against the

defendant therein;

3. That the offender who gives false testimony knows that it

is false;

4. That the defendant against whom the false testimony is

given is either acquitted or convicted in a final judgment.

Art. 180: False testimony Against a defendant



ART. 181: False testimony favorable to t he defendant:



What are the elements?

1. That the testimony must be given in a civil case.

2. That the testimony must relate to the issues presented in

said case.

3. That the testimony must be false;

4. That the false testimony must be given by the defendant

knowing the same to be false;

5. That the testimony must be malicious and given with a

intent to affect issues presented in said case.

Art. 182: False testimony in civil cases



What are the 2 ways of committing perjury?

1. By falsely testifying under oath; and

2. By making a false affidavit.

Art. 183: False testimony in other cases and perjury in

solemn affirmation.



What are the elements of committing perjury?

1. That the accused made a statement under oath or executed

an affidavit upon a material matter;

2. That the statement or affidavit was made before a

competent officer authorized to receive and administer

oath;

3. That in that statement or affidavit, the accused made a

willful and deliberate assertion of a falsehood; and,4. That the sworn statement or affidavit containing the falsity is

required by law.

Art. 183: False testimony in other cases and perjury in

solemn affirmation.



Oath

= any form of attestation by which a person signifies that he is

bound in conscience to perfrom an act faithfully and truthfully.

Material matter

= It is the main fact which is the subject of the inquiry or any

circumstance which tends to prove that fact or circumstancewhich tend to corraborate or strengthen the testimony

relative to the subject of inquiry, or which legitimately

affects the credit of any witness who testifies.

( US vs. Estraña, 16 Phil. 520)

Affidavit

= is a sworn statement in writing; a declaration in writing,

made upon oath before an authorized magistrate or officer.



What are the elements of offering false

testimony in evidence:

1. That the offender offered in evidence a false witness orfalse testimony;

2. That he knew the witness or the testimony was false;

3. That the offer was made in a judicial or official

proceeding

ART. 184: Offering false testimony in evidence



What are the crimes classified as frauds?

1. Machinations in public auctions (ART. 185)

2. Monopolies and combinations in restraint of trade (ART. 186)

3. Importation and disposition of falsely marked articles or

merchandise made of gold, silver or other preciousmetals.(ART.187)

4. Subsisting and altering trademarks and tradenames or

service marks (ART. 188)

5. Unfair competition, fraudulent registration of tradename,

trademark or service mark; fraudulent designation of origin

and false description (ART. 189)



What are the acts punishable under ART. 185?

1. By soliciting any gift or promise as a consideration

for refraining from taking part in any public auction.

2. By attempting to cause bidders to stay away from

an auction by threats, gifts, promises or any other

artifice.

ART. 185 Machinations in public auctions



Elements of attempting to cause bidders to stayaway:

1. That there be a public auction;

2. That the accused attempted to cause the bidders tostay away from that public auction;

3. That it was done by threats, gifts, promises or any

other artifice.

4. That the accused had the intent o cause thereduction of the price of the thing auctioned.

ART. 185 Machinations in public auctions



ART. 186: Monopolies and

combinations in restraint of trade.

Acts punished as monopolies and

combinations in restraint of trade:

1. Combination to prevent free competition;

2. Monopoly to restrain free competition in the market.

3. Manufacturer, producer, or processor or importer

combining, conspiring or agreeing with any person to make

transactions prejudicial to lawful commerce, or to increase

the market price of the merchandise.0000



Articles involved:

Those made of

a. gold;

b. silver,

c. Other precious metals, or

d. Their alloys.

ART.187: Importation and disposition of falsely marked

articles or merchandise made of gold, silver, or other

precious metal or their alloys

Elements:

1. That the offender imports, sells or

disposes of any of those articles ormerchandise;

2. That the stamps, brands, or marks of

those articles of merchandise fail to

indicate the actual fineness or

quality of the said metals or alloys;

3. That the offender knows that thestamps, brands or marks fails to

indicate the actual fineness or

quality of the metals or alloys.



What are the acts punishable by ART. 188:

1. By (1) substituting the tradename or trademark of some other

manufacturer or dealer, or colorable imitation thereof, for the trade

name or trademark of the real manufacturer or dealer upon any

article of commerce, and (2) selling the same.2. By selling or by offering for sale such articles of commerce, knowing

that the tradename or trademark has been fraudulently used.

3. By using or substituting the service mark of some other person, or

colorable imitation of such mark, in the sale of advertising of his

services.

4. By printing, lithographing or reproducing tradename, trademark, or

service mark of one person, or a colorable imitation thereof, to

enable another person to fraudulently use the same, knowing the

fraudulent purpose for which it is to be used.

ART. 188: Substituting and altering

trademarks, tradenames, or

service marks



What are the acts of the offender punished under ART. 189?

1. By selling his goods, giving them the general appearance of the

goods of another manufacturer or dealer( Unfair competition)

2. By (1) affixing to his goods or using in connection with his services a

false designation of origin, or any false description or

representation, and (2) by selling such goods or services.

( Fraudulent designation of origin; False description)

3. By procuring fraudulently from the patent office the registration of

tradename, trade mark or service mark. ( fraudulent registration )

ART. 189: Unfair competition, fraudulent registration of

trade name, trade mark, or service mark, fraudulent

designation of origin, and false description.

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