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Crim Notes 2

The document outlines various criminal offenses related to counterfeiting, forgery, falsification of documents, and frauds in commerce and industry. It details specific acts, elements of each felony, and the responsibilities of individuals involved in these crimes. Additionally, it covers offenses related to public morals, including illegal gambling and the distribution of obscene materials.

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0% found this document useful (0 votes)
2 views

Crim Notes 2

The document outlines various criminal offenses related to counterfeiting, forgery, falsification of documents, and frauds in commerce and industry. It details specific acts, elements of each felony, and the responsibilities of individuals involved in these crimes. Additionally, it covers offenses related to public morals, including illegal gambling and the distribution of obscene materials.

Uploaded by

20-55493
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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13 | P a g e

Counterfeiting, importing and 1. instrument not Payable to bearer


167 uttering instruments not payable PIC 2. offender forged, Imported or uttered such instrument
to bearer 3. Connivance in uttering
1. forged Treasury/Bank note
Illegal possession and use of 2. offender Knows about forgery/falsification
168 false treasury or bank notes and TB-KUP 3. performance of these acts:
other instruments of credit (1) Using forged or falsified instruments
(2) Possession for intended use
Ways of committing:
1. By Giving to a treasury or bank note or any instrument, payable to bearer or order
169 How forgery is committed GA-AC mentioned therein, the Appearance of a true genuine document
2. By erasing, substituting, counterfeiting or Altering by any means the figures, letters,
words or signs Contained therein
Section Four. – Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message
ART FELONY ACT/S ELEMENTS
1. Bill enacted, approved or pending approval
Falsification of legislative 2. offender Alters it
170 BAPA
documents 3. no Proper authority
4. Alteration changed document’s meaning
1. offender is a public officer, employee, Notary public, ecclesiastical minister
2. takes Advantage of official position
3. Falsifies a document by the following acts:
(1) counterfeiting or Imitating any handwriting, signature or rubric
(2) causing it to appear that persons have Participated in a proceeding
Falsification by public officer,
NAF-IPA- (3) Attributing statements to a person
171 employee or notary or ecclesiastic
UTAIN E-C (4) Untruthful statements in a narration of facts
minister
(5) altering True dates
(6) Alteration or intercalation in a genuine document
(7) Issuing an authenticated form where no original exists,
(8) intercalating any instrument or Note
4. if an Ecclesiastical minister, falsification must affect Civil status of persons

CRIMINAL LAW II
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Falsification of
1. offender is a private individual or a Public officer who did not take advantage of his
Public, official or
position
commercial Pub-FaP
2. acts of Falsification under Art. 171 were done
document by a
3. Public, official or commercial document was falsified
private individual
Falsification of a 1. offender committed any acts of Falsification, EXCEPT those in Art. 171 (7)
Private document FPD 2. committed in a Private document
by any person 3. caused Damage/intended to cause damage
Falsification by private individual use of falsified documents in a Judicial proceeding
172
and use of falsified documents 1. Knowledge of falsification
2. False document is embraced in Art. 171
3. Introduction in a judicial proceeding
Use of falsified
JKFI OKFUD
documents use of Falsified Documents in any Other transaction
1. Knowledge of falsification
2. False document is embraced in Art. 171
3. Use of document
4. caused Damage/intent to cause damage
Uttering fictitious
wireless, telegraph,
or telephone
1. Offender is an officer/employee of the Government or a private corporation engaged in
messages
Falsification of wireless, cable, OG-AUF the sending of messages
Falsifying wireless,
telegraph and telephone 2. offender commits any of the Acts of Uttering or Falsifying
173 telegraph, or
messages, and use of said
telephone
falsified messages
messages
1. Knowledge of falsification
Using such falsified
KUP 2. Use of such falsified dispatch
messages
3. Prejudice to a third party or intent to cause such prejudice

CRIMINAL LAW II
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Section Five. – Falsification of medical certificates, certificates of merit or services and the like
ART FELONY ACT/S ELEMENTS
Persons liable:
False medical certificates, false 1. Any physician or Surgeon who, in connection, with the practice of his profession, shall
174 certificates of merits or service, SP issue a false certificate
etc. 2. Any Public officer who shall issue a false certificate of merit of service, good conduct or
similar circumstances
1. issuance of a False certificate
175 Using false certificates FK-U 2. offender Knew of such falsity
3. Use of such
Section Six. – Manufacturing, importing and possession of instruments or implements intended for the commission of falsification
ART FELONY ACT/S ELEMENTS
Punishable acts:
1. Making or introducing into the Philippine Islands any stamps, dies, marks, or other
Manufacturing and possession of
instruments or implements intended to be used in the commission of the offenses of
176 instruments or implements for MP
counterfeiting or falsification
falsification
2. Possessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced in the Philippines by another person
Chapter Two – OTHER FALSITIES
Section One. – Usurpation of authority, rank, title, and improper use of names, uniforms and insignia
ART FELONY ACT/S ELEMENTS
Punishable acts:
1. Knowingly and falsely represent himself to be an officer, agent or representative of any
Usurpation of authority or official department or agency of the Philippine Government or of any foreign government
177 KP
functions 2. Perform any act pertaining to any person in authority or public officer of the Philippine
Government or any foreign government, or any agency thereof, without being lawfully
entitled to do so

CRIMINAL LAW II
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1. Offender uses another name


2. Public use
Using fictitious 3. Purpose:
OPP-CED
name (1) Conceal crime
Using fictitious name and (2) Evade execution of a judgment
178
concealing true name (3) cause Damage to public interest
1. offender conceals his
Concealing true (1) True name and
TOPC
name (2) all Other personal circumstances
2. Purpose to Conceal one’s identity
1. offender uses uniform or Insignia
179 Illegal use of uniforms or insignia IHP 2. such pertains to office not Held by the offender
3. use in a Public, improper manner
Section Two. – False testimony
ART FELONY ACT/S ELEMENTS
1. Criminal proceeding
False testimony against a 2. false testimony under Oath
180 COKA
defendant 3. Knowledge of falsehood
4. defendant was Acquitted or convicted by final judgment
1. Criminal proceeding
False testimony against a
181 COK 2. false testimony under Oath
defendant
3. Knowledge of falsehood
1. Civil case
2. testimony relates to Issues
182 False testimony in civil cases CIF-KI 3. False testimony given
4. Knowledge of falsity
5. malice in testimony with Intent to affect issues
Falsely Testifying 1. Statement under oath/affidavit
Perjury under oath 2. made before a Competent office
183 SCAR
False testimony in civil cases Making a false 3. willful/deliberate Assertion of falsehood
Affidavit 4. sworn statement is Required by law
1. offer of a False witness/testimony
False testimony in other cases
184 FOK 2. made in a judicial/Official proceeding
and perjury in solemn affirmation
3. Knowledge of falsehood

CRIMINAL LAW II
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Chapter Three – FRAUDS


Section One. – Machinations, monopolies and combinations
ART FELONY ACT/S ELEMENTS
Soliciting any gift or
promise as a 1. Public auction
consideration for 2. Soliciting gift/promise
PSRI
refraining from 3. consideration to Refrain from taking part
taking part in any 4. accused had Intent to cause reduction of price
public auction
185 Machinations in public auctions
Attempting to
cause bidders to 1. Public auction
stay away from an 2. Attempt to cause bidders to stay away
PATI
auction by threats, 3. Threats, gifts, promises, other artifice
gifts, promises, or 4. Intent to cause reduction of price
any other artifice
Punishable acts:
1. Conspiracy or combination to prevent competition in the market
Monopolies and combinations in
186 CMT 2. Monopoly to restrain free competition in the market
restraint of trade
3. Making Transactions prejudicial to lawful commerce or to increase the market price of
merchandise
Section Two. – Frauds in commerce and industry
ART FELONY ACT/S ELEMENTS
Importation and disposition of
falsely marked articles or 1. Importation, sale or disposal
187 merchandise made of gold, silver, IKSA 2. Knowledge of offender
or other precious metals or their 3. Stamps, brands or marks fail to indicate Actual fineness
alloys

CRIMINAL LAW II
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Punishable acts:
1. Substituting the trade name or trademark of some other manufacturer or dealer, or a
colorable imitation thereof, for the trade name or trademark of the real manufacturer or
dealer upon any article of commerce and selling the same
Substituting and altering trade- 2. Selling or by offering for sale such articles of commerce, knowing that the trade name or
188 mark, trade-names, or service SSUP trademark has been fraudulently used
marks 3. Using or substituting the service mark or some other person, or a colorable imitation of
such mark, in the sale or advertising of his services
4. Printing, lithographing, or reproducing trade name, 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 itis to be used
1. Offender gives his goods the general appearance of the goods of another manufacturer
or dealer
Selling goods,
2. the General appearance is shown in the
giving them the
(a) goods themselves, or in the
general
(b) wrapping of their packages, or in the
appearance of the OGSI
(c) device or words therein, or
goods of another
(d) any other feature of their appearance
manufacturer or
3. offender offers to Sells those goods or gives other persons a chance or opportunity to do
dealer
Unfair competition, fraudulent the same with a like purpose
registration of trade-mark, trade- 4. That there is actual Intent to deceive public or defraud a competitor
189 name or service mark, fraudulent Affixing to his
designation of origin, and false goods or services a
description false designation of
origin, false
description or
representation, and
selling such goods
and services
Fraudulent
procurement from
the patent office

CRIMINAL LAW II
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Title Five – CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS


ART FELONY ACT/S ELEMENTS
Sale, Trading, Administration,
Dispensation, Delivery,
Distribution and Transportation of 1. Identity of the buyer and seller, Object and Consideration
190- IOCDP
194 Dangerous Drugs and/or 2. Delivery of thing sold and Payment thereof
Rep- Controlled Precursors and
ealed Essential Chemicals
by RA
9165 1. accused in Possession of an item or object, which is Identified to be prohibited or
regulated drug
Possession of Dangerous Drugs PINC
2. possession is Not authorized by law
3. free and Conscious possession of the drug

Title Six – CRIMES AGAINST PUBLIC MORALS


Chapter One – GAMBLING AND BETTING
ART FELONY ACT/S ELEMENTS

1. Any person Taking part in any illegal gambling


2. Any person knowingly Permitting any form of illegal gambling
195-
199 3. Any person knowingly Permitting any form of gambling to be carried on in a place which
repeal- has a reputation of a gambling place
ed
insofar 4. knowingly and unlawfully Possessing any list or papers used in illegal gambling
as Persons liable TaP3-GoMBS 5. Government official who maintains, conducts or banks gambling schemes or the player,
incon-
sistent promoter, referee, umpire, judge or coach in case of game fixing
with 6. Maintainer or conductor of gambling schemes
PD
1602 7. Barangay official who knows the existence of a gambling house and fails to take action
8. Security officer or guard, watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of a gambling place

CRIMINAL LAW II
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Punishable acts:
1. Importing into the Philippines from any foreign place or port any lottery ticket or
Importation, sale and possession 2 advertisement
196 IPiS
of lottery tickets or advertisements 2. Possessing, knowingly and with intent to use, lottery tickets or advertisements
3. Selling or distributing the name in connivance with the importer
4. Selling or distributing the same without connivance with the importer
Punishable acts:
1. Betting on horse races during the periods not allowed by law
198 Illegal betting on horse race BM
2. Maintaining or employing a totalizer or other device or scheme for betting on races or
realizing profit therefrom, during the periods not allowed by law
Persons liable:
1.Any person who directly or indirectly participates in cockfighting, by betting money or
other valuable things, or who organizes cockfights at which bets are made, on a Day other
199 Illegal cockfighting DP-PL
than those Permitted by law
2.Any person who directly or indirectly participates in cockfights, by betting money or other
valuable things, or organizes such cockfights, at a Place other than a Licensed cockpit
Chapter Two – OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
ART FELONY ACT/S ELEMENTS
1. Highly scandalous acts
2. offender performs an Act or acts
200 Grave scandal HANAP
3. Not falling within other RPC Articles
4. commission in a Public place
Punishable acts:
Immoral doctrines, obscene
1. expounding Doctrines contrary to public morals
201 publications and exhibitions and DIS
2. authoring/publishing Indecent or immoral shows
indecent shows
3. Selling, giving away or exhibiting immoral materials
Persons liable:
1. any person Having no apparent means of subsistence, who has physical ability to work
and who neglects to apply himself to some lawful calling
202 Vagrants and prostitutes HFI 2. any person Found loitering about public or semi-public buildings or places, or tramping or
wandering about the country or the streets without visible means of support
3. any Idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes

CRIMINAL LAW II
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Title Seven – CRIMES COMMITTED BY PUBLIC OFFICERS


Chapter One – PRELIMINARY PROVISIONS
ART FELONY ACT/S ELEMENTS
1. Taking part in the Performance of public functions in the Government, or performing in
said Government or in any of its branches public duties as an employee, agent or
subordinate official, of any rank or class; and
2.That his Authority to take part in the performance of public functions or to perform public
203 Who are public officers PGA-LEA
duties must be:
a.by direct provision of the Law
b. by popular Election
c.by Appointment by competent authority
Chapter Two – MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. – Dereliction of duty
ART FELONY ACT/S ELEMENTS
1. offender is a Judge
Knowingly rendering unjust 2. Rendering of a judgment
204 JRUK
judgment 3. Unjust judgment
4. Knowledge of unjust judgment
1. offender is a Judge
Judgment rendered through 2. manifestly Unjust judgment
205 JUIS
negligence 3. Inexcusable negligence or ignorance
4. rendering of a judgment in case Submitted to him for decision
1. offender is a Judge
2. performance of any of these Acts:
206 Unjust interlocutory order JA-KN (a) Knowingly rendering unjust interlocutory order or decree
(b) renders a manifestly unjust interlocutory order or decree through inexcusable
Negligence or ignorance
1. offender is a Judge
Malicious delay in the 2. court Proceeding
207 JP-DM
administration of justice 3. Delay in the administration of justice
4. underlying Malice in the delay

CRIMINAL LAW II
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1. public officer who Prosecutes offenses


Prosecution of offenses;
208 PNM 2. No prosecution even if he has knowledge of the offense
negligence and tolerance
3. Malice and deliberate intent
1. offender is a Lawyer
2. offender does any of the Acts
Betrayal of trust by an attorney or
209 LA-CRU (a) Causing damage to his client
solicitor
(b) Revealing secrets of his client
(c) Undertaking the defense of the opposing party
Section Two. – Bribery
ART FELONY ACT/S ELEMENTS
1. Public officer
2. Accepts an offer/promise or receives gifts/presents
3. such is accepted to:
210 Direct bribery PACURE (1) commit Crime
(2) in consideration of an Unjust act which does not constitute a crime
(3) Refrain from doing his official duty
4. act Executed must be in connection with official duties
1. Public Officer
211 Indirect bribery POGO 2. accepts Gifts
3. by reason of his Office
1. public officer entrusted with Law enforcement
211- 2. refraining from Arresting or prosecuting an offender with a crime punishable by reclusion
Qualified bribery LAP
A perpetua or higher
3. in consideration of any Promise, gift or present
1. offender Makes offers or promises or gives gifts or presents to a public officer
212 Corruption of public officials ML
2. circumstances that will make the public officer Liable for direct or indirect bribery

CRIMINAL LAW II
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Chapter Three – FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS


ART FELONY ACT/S ELEMENTS
1. Public officer
2. taking Advantage of his office
Frauds against 3. agreement with regard to
F-PASCA
public treasury (1) furnishing Supplies
(2) making of Contracts
Frauds against the public treasury
213 (3) adjustment or settlement of Accounts related to public property or funds
and similar offenses
1. Public officer entrusted with collection
2. does the following acts or omissions:
Illegal exactions I-PDFC (1) Demanding sums different from or larger than those authorized
(2) Failing voluntarily to issue a receipt
(3) Collecting or receiving different things from that is required by law
1. Public officer
2. Takes advantage of position
214 Other frauds PTA
3. commission of any frauds or deceits in Arts. 315-318 (estafa, other forms of swindling,
swindling a minor, and other deceits)
1. Appointive public officer
2. Transaction takes place within his jurisdiction
215 Prohibited transactions ATIS
3. during his Incumbency
4. interest, direct or indirect, in an exchange or Speculating transaction
Persons liable:
Possession of prohibited interest 1. Public officers
216 PEG
by a public officer 2. Experts, arbitrators and private accountants
3. Guardians and executors

CRIMINAL LAW II
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Chapter Four – MALVERSATION OF PUBLIC FUNDS OR PROPERTY


ART FELONY ACT/S ELEMENTS
Appropriating
public funds or
property
Taking or
misappropriating
public funds or
1. Public officer
Malversation of public funds or property
2. Custody or control of funds or property
217 property; Presumption of Consenting, PCAM
3. Accountability for those funds or property
malversation through
4. appropriating, taking, Misappropriating, consenting the taking of such funds or property
abandonment or
negligence,
permitting any
person to take
public funds or
property
1. Public officer
Failure of accountable officer to 2. Accountable for public funds or property
218 PART
render accounts 3. Requirement to render accounts
4. failure to render within Two months
Failure of a responsible public 1. Public officer
219 officer to render accounts before PAU 2. Accountable for public funds or property
leaving the country 3. Unlawful departure from the Philippines without certification of rendering accounts
1. Public officer
Illegal use of public funds or 2. such is Appropriated by law or ordinance
220 PAPO
property 3. Public fund or property under his administration
4. application to a public use Other than its appropriation
Failure to
make payment
1. public officer having Government funds in his possession
Failure to make delivery of public under obligation
221 FR-GOF 2. under Obligation to make payment
funds or property Refusing to make
3. malicious Failure to make payment
delivery when
ordered

CRIMINAL LAW II
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Officers included in the preceding


222
provisions
Chapter Five – INFIDELITY OF PUBLIC OFFICERS
Section One. – Infidelity in the custody of prisoners
ART FELONY ACT/S ELEMENTS
1. Public officer
Conniving with or consenting to 2. Custody of prisoner
223 PCEC
evasion 3. Escape of prisoner
4. Connivance with prisoner
1. Public officer
224 Evasion through negligence PCN 2. Charged with the conveyance or custody of a prisoner
3. such prisoner escapes through Negligence
1. Private person
Escape of prisoner under the
2. Charged with the conveyance or custody of a prisoner
225 custody of a person not a public PCEN
3. such prisoner Escapes
officer
4. consent/Negligence
Section Two. – Infidelity in the custody of document
ART FELONY ACT/S ELEMENTS
1. Public officer
Removal, concealment or 2. Removes, abstracts, destroys, conceals documents or papers
226 PRED
destruction of documents 3. such documents or papers are Entrusted to the offender by virtue of his office
4. Damage to a third party or the public interest
1. Public officer
2. Charged with custody of papers or property
227 Officer breaking seal PCSO
3. such papers or property are Sealed by proper authority
4. breaking the seals, Or permitting their breaking
1. Public officer
2. charged with Custody of closed papers or property
228 Opening of closed documents PCOW
3. Opening or permitting to be opened such closed papers or property
4. Without proper authority

CRIMINAL LAW II
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Section Three. – Revelation of secrets


ART FELONY ACT/S ELEMENTS
Revelation of 1. Public officer
secrets known by 2. revealing secret Without authority or justifiable reasons
PWDS
reason of public 3. Secret known due to his official capacity
Capacity 4. Damage to the public interest
1. Public officer
229 Revelation of secrets by an officer
Revealing secrets 2. in Charge of papers
by 3. papers must Not be published
PC-NT-WD
Wrongful delivery 4. delivery to a Third person
of papers 5. Wrongful delivery
6. Damage to the public interest
1. Public officer
Public officer revealing secrets of
230 PKW 2. Knowledge of the secrets of a private person by reason of his office
private individual
3. revealing such secrets Without authority or justifiable reason
Chapter Six – OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS9
Section One. – Disobedience, refusal of assistance and maltreatment of prisoners
ART FELONY ACT/S ELEMENTS
1. Public officer
2. judgment, Decision or order by superior authority
231 Open disobedience PDWOR
3. such judgment, decision or order is Within jurisdiction of the superior and is lawful
4. offender Openly Refuses to execute such without legal justification
1. Public officer
Disobedience to order of superior 2. Order was issued by a superior
232 officers, when said order was POS-DD 3. Suspension of execution of such order
suspended by inferior officer 4. superior Disapproves the suspension of execution
5. offender Disobeys the superior despite disapproval of the
1. Public officer
233 Refusal of assistance PLM 2. demand from competent authority to Lend assistance or cooperation
3. Malicious failure to cooperate

CRIMINAL LAW II
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1. offender is elected by popular Election


Refusal to discharge elective
234 ERN 2. Refusal to be sworn in or to discharge the duties of his office
office
3. No legal motive
1. Public officer
2. in charge of a Prisoner or a detention prisoner
3. Maltreatment in the following manner:
235 Maltreatment of prisoners PPM (a) overdoing correction by:
(1) imposition of unauthorized punishments
(2) imposition of cruel and humiliating punishments
(b) maltreating in order to exact a confession
Section Two. – Anticipation, prolongation and abandonment of the duties and powers of public office
ART FELONY ACT/S ELEMENTS
1. offender is Entitled to hold a public office either by election or appointment
Anticipation of duties of a public 2. requirement of Swearing in or payment of bond
236 ESANo
office 3. Assumption of office
4. Non-compliance with the requirement
1. offender holds a Public office
Prolonging performance of duties
237 PEE 2. period for holding such office has already Expired
and powers
3. offender continues to Exercise the duties and powers of the office
1. Public officer
2. formal Resignation from his position
238 Abandonment of office or position PR-NAD
3. resignation has Not been Accepted
4. abandoning office to the Detriment of the public service
Section Three. – Usurpation of powers and unlawful appointments
ART FELONY ACT/S ELEMENTS
1. offender is an Executive or Judicial officer
2. he either:
239 Usurpation of legislative power EJ-MRS (1) Makes general rules and regulations beyond his scope of authority
(2) attempts to Repeal a law
(3) Suspends the execution thereof

CRIMINAL LAW II
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1. offender is a Judge
2. that he:
240 Usurpation of executive functions JuAsO
(1) Assumes a power pertaining to the executive authorities
(2) Obstructs the executive authorities in their lawful exercise of powers
1. offender is an Executive officer
2. that he:
241 Usurpation of judicial functions ExAsO
(1) Assumes judicial powers
(2) Obstructs the execution of any order or decision rendered by any judge
1. Public officer
2. Pending proceeding before such public officer
Disobeying request for
242 P2QueReCo 3. Question of the proceeding is not yet decided
disqualification
4. lawfully Required to refrain from continuing such proceeding
5. he Continues such proceeding
1. offender is an Executive officer
Orders or requests by executive
243 Ex AdORe 2. Addressing any Order or suggestion to a judicial authority
officers to any judicial authority
3. order or suggestion Refers to a case brought to a judicial authority
1. Public officer
2. Nomination or appointment of a person to public office
244 Unlawful appointments PuNo LaK
3. person Lacks legal qualification
4. Knowledge of the lack of legal qualification

CRIMINAL LAW II
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Section Four. – Abuses against chastity


ART FELONY ACT/S ELEMENTS
Solicits or makes
immoral/indecent
advances to a
woman Interested
in matters
before the former
Solicits or
makes
1. Public officer
immoral/indecent
2. Solicitation of or making immoral/indecent advances to a Woman
advances to a
3. such woman is:
245 Abuses against chastity woman under the PuSoW In-CR
(a) Interested in matters before the officer
former’s Custody
(b) under the officer’s Custody
Solicits or
(c) wife, daughter, sister or Relatives of the person in custody
makes
immoral/indecent
advances to the
wife, daughter,
sister or Relatives
of the person in
custody of the
former

CRIMINAL LAW II

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