Art. 174. False medical certificates, false Art. 176.

Manufacturing and possession of

certificates of merits or service, etc. — The instruments or implements for falsification. —
penalties of arresto mayor in its maximum The penalty of prision correccional in its
period to prision correccional in its minimum medium and maximum periods and a fine not to
period and a fine not to exceed P1,000 pesos exceed P10,000 pesos shall be imposed upon
shall be imposed upon: any person who shall make or introduce into
the Philippine Islands any stamps, dies, marks,
Elements
or other instruments or implements intended to
1. Any physician or surgeon who, in connection, be used in the commission of the offenses of
with the practice of his profession, shall issue a counterfeiting or falsification mentioned in the
false certificate; and preceding sections of this Chapter.

2. Any public officer who shall issue a false Any person who, with the intention of using
certificate of merit of service, good conduct or them, shall have in his possession any of the
similar circumstances. instruments or implements mentioned in the
preceding paragraphs, shall suffer the penalty
The penalty of arresto mayor shall be imposed next lower in degree than that provided
upon any private person who shall falsify a therein.
certificate falling within the classes mentioned
in the two preceding subdivisions. Acts punishable:

PUNISHMENT: 1. Making or introducing into PH any

stamps, dies, marks, or other
Arresto Mayor in max to prission correccional instruments or implements for
in min. counterfeiting or falsification.
200,000pesos 2. Possessing with intent to use the
instrument or implements for
Art. 175. Using false certificates. — The penalty counterfeiting or falsification made in
of arresto menor shall be imposed upon any or imtroduced into PH by another
one who shall knowingly use any of the false person.
certificates mentioned in the next preceding
article. PUNISHMENT:

1) There knows that: (a) a physician or surgeon Prision Correccional med to max
who, in connection, with the practice of his 1,000,000
profession, issued a false certificate, or (b) a
public officer issued a false certificate of merit Art. 177. Usurpation of authority or official
of service, good conduct or similar functions. — Any person who shall knowingly
circumstances; and and falsely represent himself to be an officer,
agent or representative of any department or
2) The offender knowingly uses any of these agency of the Philippine Government or of any
false certificates. foreign government, or who, under pretense of
PUNISHMENT: official position, shall perform any act
pertaining to any person in authority or public
Arresto Menor. officer of the Philippine Government or any
foreign government, or any agency thereof,
without being lawfully entitled to do so, shall 2. That the purpose is only to conceal his
suffer the penalty of prision correccional in its identity.
minimum and medium periods.
Fictitious vs Concealing
2 ways of committing the offences in Art 177
Fictitious – publicity is present. The purpose
1. By knowing and falsely represent of using it is to conceal a crime, evade the
himself as an officer, agent of any execution of judgement and to cause
department of PH gov’t. damage to public interest
2. By performing any act pertaining to any
Concealing – It’s not necessary to be in
person in authority or public officer of
public. The purpose is merely to conceal
Ph Gov’t.
identity.
Art. 178. Using fictitious name and concealing
REPUBLIC ACT No. 6085 REGULATING THE
true name.
USE OF ALIASES.
— The penalty of arresto mayor2 and a fine not
Amended CA 142.
to exceed 500 pesos shall be imposed upon any
person who shall publicly use a fictitious name P.D. no. 1829 -penalized obstruction pf
for the purpose of concealing a crime, evading justice by publicly using fictitious name.
the execution of a judgment, or causing
damage. Art. 179. Illegal use of uniforms or insignia.
— The penalty of arresto mayor shall be
Any person who conceals his true name and imposed upon any person who shall publicly
other personal circumstances shall be punished and improperly make use of insignia,
by arresto menor or a fine not to exceed 40,000 uniforms or dress pertaining to an office not
pesos. held by such person or to a class of persons
of which he is not a member.
Elements (using fictitious name):
Elements:
1. That the offender uses a name other
than his real name. 1. That the offender makes use of insignia,
2. That he uses that fictitious name uniform or dress.
publicly. 2. That the insignia, uniform or dress
3. That the purpose of the offender is — pertains to an office not held by the
offender or to a class of persons of
to conceal a crime;
which he is not a member.
to evade the execution of a judgment; or 3. That said insignia, uniform or dress is
used publicly and improperly.
to cause damage to public interest.
R.A 493 – wearing insignia, uniform,
Elements (concealing true name):
emblem or badge of rank of member of the
1. That the offender conceals — Armed Forces of the PH.

his true name; and R.A. 75 – Using uniform. Decoration or

regalia of foreign state.
all other personal circumstances.
 E.O no. 297 - Illegal manufacture, sale, Art. 181. False testimony favorable to the
distribution and use of PNP uniforms, defendants. — Any person who shall give false
insignias and other accoutrements. testimony in favor of the defendant in a
criminal case, shall suffer the penalties of
arresto mayor in its maximum period to prision
3 Forms of False testimony correccional in its minimum period a fine not to
exceed 1,000 pesos, if the prosecution is for a
1. False testimony in criminal cases. (Arts. 180 felony punishable by an afflictive penalty, and
and 181) the penalty of arresto mayor in any other case.
2. False testimony in civil cases. (Art. 182)
3. False testimony in other cases. (Art. 183) Art. 182. False testimony in civil cases. — Any
person found guilty of false testimony in a civil
Art. 180. False testimony against a defendant. case shall suffer the penalty of prision
— Any person who shall give false testimony correccional in its minimum period and a fine
against the defendant in any criminal case shall not to exceed 1,200,000 pesos, if the amount in
suffer: controversy shall exceed 1,000,00 pesos, and
1. The penalty of reclusion temporal, if the the penalty of arresto mayor in its maximum
defendant in said case shall have been period to prision correccional in its minimum
sentenced to death; period and a fine not to exceed 200,000 pesos,
if the amount in controversy shall not exceed
2. The penalty of prision mayor, if the said amount or cannot be estimated.
defendant shall have been sentenced to
reclusion temporal or reclusion perpetua; Elements:

3. The penalty of prision correccional, if the 1. That the testimony must be given in a
defendant shall have been sentenced to any civil case.
other afflictive penalty; and 2. That the testimony must relate to the
issues presented in said case.
4. The penalty of arresto mayor, if the 3. That the testimony must be false
defendant shall have been sentenced to a 4. That the false testimony must be given
correctional penalty or a fine, or shall have by the defendant knowing the same to
been acquitted. be false.
ELEMENTS: 5. That the testimony must be malicious
and given with an intent to affect the
1. That there be a criminal proceeding. issues presented in said case.
2. That the offender testifies falsely under
oath against the defendant therein. Sec 1 of rule 2 of the rules of court – Art 182 is
not applicable in special proceedings, it only
3. That the offender who gives false applies to ordinary civil cases.
testimony knows that it is false. Art. 183. False testimony in other cases and
perjury in solemn affirmation. — The penalty of
4. That the defendant against whom the arresto mayor in its maximum period to prision
false testimony is given is either correccional in its minimum shall be imposed
acquitted or convicted in a final upon any person who, knowingly making
judgment. untruthful statements and not being included in
the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, evidence a false witness or testimony in any
upon any material matter before a competent judicial or official proceeding, shall be punished
person authorized to administer an oath in as guilty of false testimony and shall suffer the
cases in which the law so requires. respective penalties provided in this section.
Elements of offering false testimony in
Any person who, in case of a solemn affirmation
evidence:
made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three 1. That the offender offered in evidence a
preceding articles of this section, shall suffer the false witness or false testimony.
respective penalties provided therein. 2. That he knew the witness or the
testimony was false.
Two ways of committing perjury.
3. That the offer was made in a judicial or
They are: official proceeding.

1. By falsely testifying under oath; and WHAT IS THE CRIME CLASSIFIED AS FRUADS?
2. By making a false affidavit.
1. Machinations in public auctions. (Art.
Note: Falsely testifying under oath should not 185)
be in a judicial proceeding. 2. Monopolies and combinations in
restraint of trade. (Art. 186)
ELEMENTS: 3. Importation and disposition of falsely
1. That the accused made a statement marked articles or merchandise made
under oath or executed an affidavit of gold, silver or other precious metals.
upon a material matter; (Art. 187)
2. That the statement or affidavit was 4. Substituting and altering trademarks
made before a competent officer, and tradenames or service marks. (Art.
authorized to receive and administer 188)
oath; 5. Unfair competition, fraudulent
3. That in that statement or affidavit, the registration of tradename, trademark,
accused made a willful and deliberate or service mark; fraudulent designation
assertion of a falsehood; and of origin and false description. (Art.
4. That the sworn statement or affidavit 189)
containing the falsity is required by law. Art. 185. Machinations in public auctions.
When there’s no perjury? — Any person who shall solicit any gift or
promise as a consideration for refraining
1. IF the sworn statement is not material from taking part in any public auction, and
to the principal investigation. any person who shall attempt to cause
2. If the statement made in a pleading is bidders to stay away from an auction by
not required to be verified. threats, gifts, promises, or any other
3. If the defendant subscribed and swore artifice, with intent to cause the reduction
before a clerk in treasurer’s office. of the price of the thing auctioned, shall
4. IF committed through negligence and suffer the penalty of its minimum period1
imprudence. prision correccional in and a fine ranging
Art. 184. Offering false testimony in evidence. from 10 to 50 per centum of the value of
— Any person who shall knowingly offer in the thing auctioned.
 Acts punishable under Art. 185. 2. Any person who shall monopolize any
merchandise or object of trade or commerce, or
1. By soliciting any gift or promise as a
shall combine with any other person or persons
consideration for refraining from taking part
to monopolize said merchandise or object in
in any public auction.
order to alter the price thereof by spreading
2. By attempting to cause bidders to stay false rumors or making use of any other artifice
away from an auction by threats, gifts, to restrain free competition in the market.
promises or any other artifice.
3. Any person who, being a manufacturer,
Elements of soliciting gift or promise: producer, or processor of any merchandise or
object of commerce or an importer of any
1. That there be a public auction. merchandise or object of commerce from any
2. That the accused solicited any gift or a foreign country, either as principal or agent,
promise from any of the bidders. wholesaler or retailer, shall combine, conspire
3. That such gift or promise was the or agree in any manner with any person
consideration for his refraining from likewise engaged in the manufacture,
taking part in that public auction. production, processing, assembling or
4. That the accused had the intent to importation of such merchandise or object of
cause the reduction of the price of the commerce or with any other persons not so
thing auctioned. similarly engaged for the purpose of making
Elements of attempting to cause bidders to transactions prejudicial to lawful commerce, or
stay away: of increasing the market price in any part of the
Philippines, of any such merchandise or object
1. That there be a public auction. of commerce manufactured, produced,
2. That the accused attempted to cause processed, assembled in or imported into the
the bidders to stay away from that Philippines, or of any article in the manufacture
public auction. of which such manufactured, produced,
3. That it was done by threats, gifts, processed, or imported merchandise or object
promises or any other artifice. of commerce is used.
4. That the accused had the intent to
cause the reduction of the price of the If the offense mentioned in this Article affects
thing auctioned. any food substance, motor fuel or lubricants, or
other articles of prime necessity, the penalty
Art. 186. Monopolies and combinations in shall be that of prision mayor in its maximum
restraint of trade. — The penalty of prision and medium periods,3 it being sufficient for the
correccional in its minimum or a fine ranging imposition thereof that the initial steps have
from two hundred to six thousand pesos, or been taken toward carrying out the purposes of
both, shall be imposed upon: the combination.
1. Any person who shall enter into any contract Any property possessed under any contract or
or agreement or shall take part in any by any combination mentioned in the preceding
conspiracy or combination in the form of a trust paragraphs, and being the subject thereof, shall
or otherwise, in restraint of trade or commerce be forfeited to the Government of the
or to prevent by artificial means free Philippines.
competition in the market.
Whenever any of the offenses described above Any stamp, brand, label, or mark shall be
is committed by a corporation or association, deemed to fail to indicate the actual fineness of
the president and each one of the directors or the article on which it is engraved, printed,
managers of said corporation or association or stamped, labeled, attached, when the test of
its agent or representative in the Philippines in the article shows that the quality or fineness
case of a foreign corporation or association, thereof is less by more than one-half karat, if
who shall have knowingly permitted or failed to made of gold, and less by more than four one-
prevent the commission of such offenses, shall thousandth, if made of silver, than what is
be held liable as principals thereof. shown by said stamp, brand, label or mark. But
in case of watch cases and flatware made of
REPEALED by R.A no 10667
gold, the actual fineness of such gold shall not
R.A. 7581 Price Acts be less by more than three one-thousandth
than the fineness indicated by said stamp,
Unlawful Any person habitually engaged in the brand, label or mark.
production, manifucture, importation, storage,
transport, distribution, sale or other methods of Articles or merchandise involved. Those made
disposition of goods in the acts of price of — Gold, Silver, Other precious metals, or
manipulation Their alloys.

1. Hoarding – unreasonable limitation or ELEMENTS

refusal to sell or distribute the stocks of
1. That the offender imports, sells or
any basic necessity of prime commodity
disposes of any of those articles or
to the general public.
merchandise.
2. Profiteering- sale or offering for sale
2. That the stamps, brands, or marks of
any basic necessity at the price grossly
those articles of merchandise fail to
in excess of its true worth
indicate the actual fineness or quality of
3. Cartel - a group of independent
said metals or alloys.
corporations or other entities that join
3. That the offender knows that the
together to fix prices, rig bids, allocate
stamps, brands, or marks fail to indicate
markets, or conduct other similar illegal
the actual fineness or quality of the
activities. Unreasonably increasing or
metals or alloys.
manipulate its price.
Art. 188. Substituting and altering names, or
Art. 187. Importation and disposition of falsely
service marks. — The penalty of trademarks,
marked articles or merchandise made of gold,
trade prision correccional in its minimum
silver, or other precious metals or their alloys.
period3 or a fine ranging from 500 to 2,000
— The penalty of prision correccional* or a fine
pesos, or both, shall be imposed upon:
ranging from 40,000, to 200,000 or both , shall
be imposed upon any person who shall 1. Any person who shall substitute the trade
knowingly import or sell or dispose of any name or trademark of some other
article or merchandise made of gold, silver or manufacturer or dealer, or a colorable imitation
other precious metals, or their alloys, with thereof, for the tradename or trademark of the
stamps, brands or marks which fail to indicate real manufacturer or dealer upon any article of
the actual fineness or quality of said metals or commerce and shall sell the same;
alloys.
 2. Any person who shall sell such articles of manufacturer or dealer upon any article of
commerce or offer the same for sale, knowing commerce, and selling the same.
that the trade name or trademark has been
By selling or by offering for sale such articles of
fraudulently used in such goods as described in
commerce, knowing that the tradename or
the preceding subdivision;
trademark has been fraudulently used. .
3. Any person who, in the sale or advertising of
By using or substituting the service mark of
his services, shall use or substitute the service
some other person, or a colorable imitation of
mark of other persons, or colorable imitation of
such mark, in the sale or advertising of his
such mark; or
services
4. Any person who, knowing the purposes for
By printing, lithographing or reproducing
which the trade name, trademark, or service
tradename, trademark, or service mark of one
mark of a person is to be used, prints,
person, or a colorable imitation thereof, to
lithographs, or in any way reproduces such
enable another person to fraudulently use the
trade name, trademark, or service mark or a
same, knowing the fraudulent purpose for
colorable imitation thereof, for another person,
which it is to be used.
to enable that other person to fraudulently use
such tradename, trademark, or service mark on
his own goods or in connection with the sale or
advertising of his services.

A tradename or trademark as herein used is a

word or words, name, title, symbol, emblem,
sign, or device, or any combination thereof used
as an advertisement, sign, label, poster, or
otherwise for the purpose of enabling the
public to distinguish the business of the person
who owns and uses said tradename or
trademark.

A service mark as herein used is a mark used in

the sale or advertising of services to identify the
services of one person and distinguish them
from the services of others and includes
without limitation the marks, names, symbols,
titles, designations, slogans, character names,
and distinctive features of radio or other
advertising.

Acts punishable under Art. 188:

By (1) substituting the tradename or

trademark of some other manufacturer or
dealer, or a colorable imitation thereof, for the
trade name or trademark of the real