Opening Prayer

SUBJECT

Criminal Law
(Book 2)

TITLE IV. CRIMES AGAINST PUBLIC

INTEREST
PMAJ JOSE MARI C JASMIN
LEARNING OBJECTIVES

At the end of this topic, Cadet/s will be able to:

Knowledge:
Define crimes against Public Interest;

Skills :
Differentiate crimes against Public Interest;

Values :
Value some practices enumerated in crimes against public
interest and apply them to their daily duties and
responsibilities.
 CRIMES AGAINST PUBLIC INTEREST
Acts of Counterfeiting
1. Counterfeiting the great seal of the Government of
the Philippines (Art. 161);
2. Using forged signature or counterfeiting seal or
stamp (Art. 162);
3. Making and importing and uttering false coins (Art.
163);
4. Mutilation of coins, importation and uttering of
mutilated coins (Art. 164);
5. Selling of false or mutilated coins, without
connivance (Art. 165);
 CRIMES AGAINST PUBLIC INTEREST
Acts of Counterfeiting

6. Forging treasury or bank notes or other

documents payable to bearer, importing and uttering
of such false or forged notes and documents (Art.
166);

7. Counterfeiting, importing and uttering instruments

not payable to bearer (Art. 167);
 CRIMES AGAINST PUBLIC INTEREST

Acts of forgery

8. Illegal possession and use of forged treasury or

bank notes and other instruments of credit (Art.
168);

9. How is forgery is committed (Art. 169)

 CRIMES AGAINST PUBLIC INTEREST
Acts of Falsification

9. Falsification of legislative documents (Art. 170);

10. Falsification by public officer, employee/notary (Art. 171);
11. Falsification by private individuals and use of falsified
documents (Art. 172);
12. Falsification of wireless, cable, telegraph and telephone
messages and use of said falsified messages (Art. 173);
13. False medical certificates, false certificates of merit or
service (Art. 174);
14. Using false certificates (Art. 175);
15. Manufacturing and possession of instruments or
implements for falsification (Art. 176);
 CRIMES AGAINST PUBLIC INTEREST
Other Falsities

16. Usurpation of authority or official functions (Art. 177);

17. Using fictitious name, concealing true name (Art. 178);
18. Illegal use of uniforms or insignia (Art. 179);
19. False testimony against a defendant (Art. 180);
20. False testimony favorable to the defendant (Art. 181);
21. False testimony in civil cases (Art. 182);
22. False testimony in other cases and perjury (Art. 183);
23. Offering false testimony in evidence (Art. 184);
24. Machinations in public auction (Art. 185);
 CRIMES AGAINST PUBLIC INTEREST

25. Monopolies and combinations in restraint of trade

(Art. 186);
26. Importation and disposition of falsely marked articles
or merchandise made of gold, silver, or other precious
metals or their alloys (Art. 187);
27. Substituting and altering trade marks and trade
names or service marks (Art. 188);
28. Unfair competition and fraudulent registration of
trade mark or trade name, or service mark; fraudulent
designation of origin, and false description (Art. 189).
Article 161. Counterfeiting the Great Seal of the Government of the Philippine
Islands, Forging the Signature or Stamp of the Chief Executive

Acts punished:
1. Forging the great seal of the Government of the
Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
Article 162. Using Forged Signature or Counterfeit Seal or Stamp

Elements:
1. The great seal of the Republic was counterfeited or
the signature or stamp of the Chief Executive was
forged by another person;
2. Offender knew of the counterfeiting or forgery;
3. He used the counterfeit seal or forged signature or
stamp.
Offender under this article should not be the forger.
 Article 163. Making and Importing and Uttering False Coins

Elements:
1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such
coins;
3. In case of uttering such false or counterfeited
coins, he connived with the counterfeiters or importers.
 Article 163. Making and Importing and Uttering False Coins

Kinds of coins the counterfeiting of which is

punished
1. Silver coins of the Philippines or coins of the
Central Bank of the Philippines;
2. Coins of the minor coinage of the Philippines or of
the Central Bank of the Philippines;
3. Coin of the currency of a foreign country.
 Article 164. Mutilation of Coins

Acts punished:
1. Mutilating coins of the legal currency, with the
further requirements that there be intent to damage or
to defraud another;
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivances
with the mutilator or importer in case of uttering.
Article 165. Selling of False or Mutilated Coin, without Connivance

Acts punished:
1. Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same, knowing
that it is false or mutilated;
• Elements
1. Possession;
2. With intent to utter; and
3. Knowledge.
Article 165. Selling of False or Mutilated Coin, without Connivance

Acts punished:
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
Elements
1. Actually uttering; and
2. Knowledge.
Article 166. Forging Treasury or Bank Notes or Other Documents
Payable to Bearer; Importing and Uttering Such False or Forged
Notes and Documents

Acts punished:
1. Forging or falsification of treasury or bank notes or
other documents payable 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.
Article 167. Counterfeiting, Importing, and Uttering Instruments
Not Payable to Bearer

Elements:
1. There is an instrument payable to order or other
documents of credit not payable to bearer;
2. Offender either forged, imported or uttered such
instrument;
3. In case of uttering, he connived with the forger or
importer.
 Article 168. Illegal Possession and Use of False Treasury or Bank
Notes and Other Instruments of Credit

Elements:
1. Any treasury or bank note or certificate or other obligation and
security payable to bearer, or any instrument payable to order or other
document of credit not payable to bearer is forged or falsified by another
person;
2. Offender knows that any of those instruments is forged or falsified;
3. He either –
a. uses any of such forged or falsified instruments; or
b. possesses with intent to use any of such forged or falsified
instruments.
 How forgery is committed under Article 169
1. Giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
appearance of a true and genuine document;
2. By erasing, substituting, counterfeiting, or altering
by any means the figures, letters, words, or sign
contained therein.
 Article 170. Falsification of Legislative Documents

Elements
1. There is a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal council;
2. Offender alters the same;
3. He has no proper authority therefor;
4. The alteration has changed the meaning of the
documents.
 Article 171. Falsification by Public Officer, Employee or Notary or
Ecclesiastical Minister
Elements
1. Offender is a public officer, employee, or notary
public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of the
following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
 Article 171. Falsification by Public Officer, Employee or Notary or
Ecclesiastical Minister
c. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which
changes its meaning;
g. Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists, or including
in such a copy a statement contrary to, or different from, that of the
genuine original; or
h. Intercalating any instrument or note relative to the issuance thereof in
a protocol, registry, or official book.
 Article 171. Falsification by Public Officer, Employee or Notary or
Ecclesiastical Minister
4. In case the offender is an ecclesiastical minister
who shall commit any of the offenses enumerated, with
respect to any record or document of such character
that its falsification may affect the civil status of persons.
 Article 172. Falsification by Private Individual and Use of Falsified
Documents
Acts punished:
1. Falsification of public, official or commercial document by a private
individual;
2. Falsification of private document by any person;
3. Use of falsified document.
Elements under paragraph 1
1. Offender is a private individual or public officer or employee who
did not take advantage of his official position;
2. He committed any act of falsification;
3. The falsification was committed in a public, official, or commercial
document or letter of exchange.
 Article 172. Falsification by Private Individual and Use of Falsified
Documents
Elements under paragraph 2
1. Offender committed any of the acts of falsification except Article
171(7), that is, issuing in an authenticated form a document
purporting to be a copy of an original document when no such
original exists, or including in such a copy a statement contrary to, or
different from, that of the genuine original;
2. Falsification was committed in any private document;
3. Falsification causes damage to a third party or at least the
falsification was committed with intent to cause such damage.
 Article 172. Falsification by Private Individual and Use of Falsified
Documents
Elements under the last paragraph
In introducing in a judicial proceeding –
1. Offender knew that the document was falsified by another person;
2. The false document is in Articles 171 or 172 (1 or 2);
3. He introduced said document in evidence in any judicial proceeding.
In use in any other transaction –
4. Offender knew that a document was falsified by another person;
5. The false document is embraced in Articles 171 or 172 (1 or 2);
6. He used such document;
7. The use caused damage to another or at least used with intent to
cause damage.
 Article 173. Falsification of Wireless, Cable, Telegraph and
Telephone Messages, and Use of Said Falsified Messages
Acts punished
1. Uttering fictitious wireless, telegraph or telephone message;
Elements
1. Offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending
or receiving wireless, cable or telephone message;
2. He utters fictitious wireless, cable, telegraph or telephone
message.
 Article 173. Falsification of Wireless, Cable, Telegraph and
Telephone Messages, and Use of Said Falsified Messages
2. Falsifying wireless, telegraph or telephone message;

Elements
1. Offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending
or receiving wireless, cable or telephone message;
2. He falsifies wireless, cable, telegraph or telephone message.
 Article 173. Falsification of Wireless, Cable, Telegraph and
Telephone Messages, and Use of Said Falsified Messages
3. Using such falsified message.

Elements
1. Offender knew that wireless, cable, telegraph, or telephone
message was falsified by an officer or employee of the government or
an officer or employee of a private corporation, engaged in the service
of sending or receiving wireless, cable or telephone message;
2. He used such falsified dispatch;
3. The use resulted in the prejudice of a third party or at least there
was intent to cause such prejudice
 Article 174. False Medical Certificates, False Certificates of
Merits or Service, Etc.
Persons liable
1. Physician or surgeon who, in connection with the practice of his
profession, issues a false certificate (it must refer to the illness or
injury of a person); [The crime here is false medical certificate by a
physician.]
2. Public officer who issues a false certificate of merit of service, good
conduct or similar circumstances; [The crime here is false certificate
of merit or service by a public officer.]
3. Private person who falsifies a certificate falling within the classes
mentioned in the two preceding subdivisions.
 Article 175. Using False Certificates

Elements
1. The following issues a false certificate:
a. Physician or surgeon, in connection with the practice of his
profession, issues a false certificate;
b. Public officer issues a false certificate of merit of service, good
conduct or similar circumstances;
c. Private person falsifies a certificate falling within the classes
mentioned in the two preceding subdivisions.
2. Offender knows that the certificate was false;
3. He uses the same.
 Article 176. Manufacturing and Possession of Instruments or
Implements for Falsification
Acts punished
1. Making or introducing into the Philippines any stamps, dies,
marks, or other instruments or implements for counterfeiting or
falsification;
2. Possession with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the Philippines
by another person.
 Article 177. Usurpation of Authority or Official Functions
Acts punished
1. Usurpation of authority;
• Elements
1. Offender knowingly and falsely represents himself;
2. As an officer, agent or representative of any department or agency of the
Philippine government or of any foreign government.
2. Usurpation of official functions.
• Elements
1. Offender performs any act;
2. Pertaining to any person in authority or public officer of the Philippine
government or any foreign government, 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
Acts punished
1. Using fictitious name
Elements
1. Offender uses a name other than his real name;
2. He uses the fictitious name publicly;
3. Purpose of use is to conceal a crime, to evade the execution of a judgment or to
cause damage [to public interest – Reyes].
4. Concealing true name
Elements
1. Offender conceals his true name and other personal circumstances;
2. Purpose is only to conceal his identity.
 Article 179. Illegal Use of Uniforms or Insignia

Elements
1. Offender makes use of insignia, uniforms or dress;
2. The insignia, uniforms or dress pertains to an office not held
by such person or a class of persons of which he is not a
member;
3. Said insignia, uniform or dress is used publicly and
improperly.
 Article 179. Illegal Use of Uniforms or Insignia

Elements
1. Offender makes use of insignia, uniforms or dress;
2. The insignia, uniforms or dress pertains to an office not held
by such person or a class of persons of which he is not a
member;
3. Said insignia, uniform or dress is used publicly and
improperly.
• Wearing the uniform of an imaginary office is not punishable.
• So also, an exact imitation of a uniform or dress is unnecessary; a
colorable resemblance calculated to deceive the common run of
people is sufficient.
 Article 180. False Testimony against A Defendant

Elements
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the defendant
therein;
3. Offender who gives false testimony knows that it is false;
4. Defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.
 Article 180. False Testimony against A Defendant
Elements
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the defendant therein;
3. Offender who gives false testimony knows that it is false;
4. Defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
Three forms of false testimony
1. False testimony in criminal cases under Article 180 and 181;
2. False testimony in civil case under Article 182;
3. False testimony in other cases under Article 183.
 Article 181. False Testimony Favorable to the Defendant

Elements
1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.
 Article 182. False Testimony in Civil Cases

Elements
1. Testimony given in a civil case;
2. Testimony relates to the issues presented in said
case;
3. Testimony is false;
4. Offender knows that testimony is false;
5. Testimony is malicious and given with an intent to
affect the issues presented in said case.
 Article 183. False Testimony in Other Cases and Perjury in Solemn
Affirmation
Acts punished
1. By falsely testifying under oath;
2. By making a false affidavit.
Elements of perjury
1. Offender makes a statement under oath or executes an affidavit upon a
material matter;
2. The statement or affidavit is made before a competent officer, authorized to
receive and administer oaths;
3. Offender makes a willful and deliberate assertion of a falsehood in the
statement or affidavit;
4. The sworn statement or affidavit containing the falsity is required by law, that
is, it is made for a legal purpose.
 Article 184. Offering False Testimony in Evidence
Elements
1. Offender offers in evidence a false witness or
testimony;
2 He knows that the witness or the testimony was
false;
3. The offer is made in any judicial or official
proceeding.
 Article 185. Machinations in Public Auctions
Acts punished
1. Soliciting any gift or promise as a consideration for refraining from
taking part in any public auction;
Elements
1. There is a public auction;
2. Offender solicits any gift or a promise from any of the bidders;
3. Such gift or promise is the consideration for his refraining from
taking part in that public auction;
4. Offender has the intent to cause the reduction of the price of the
thing auctioned.
 Article 185. Machinations in Public Auctions
2. Attempting to cause bidders to stay away from an auction by
threats, gifts, promises or any other artifice.
Elements
1. There is a public auction;
2. Offender attempts to cause the bidders to stay away from that
public auction;
3. It is done by threats, gifts, promises or any other artifice;
4. Offender has the intent to cause the reduction of the price of the
thing auctioned.
 Article 186. Monopolies and Combinations in Restraint of Trade

Acts punished
1. Combination to prevent free competition in the market;
Elements
1. Entering into any contract or agreement or taking part in any
conspiracy or combination in the form of a trust or otherwise;
2. In restraint of trade or commerce or to prevent by artificial means
free competition in the market.
 Article 186. Monopolies and Combinations in Restraint of Trade

2. Monopoly to restrain free competition in the market;

Elements
1. By monopolizing any merchandise or object of trade or commerce,
or by combining with any other person or persons to monopolize said
merchandise or object;
2. In order to alter the prices thereof by spreading false rumors or
making use of any other artifice;
3. To restrain free competition in the market
 Article 186. Monopolies and Combinations in Restraint of Trade

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 merchandise.
Elements
1. Manufacturer, producer, processor or importer of any merchandise
or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to lawful commerce or
to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the
Philippines.
Article 187. Importation and Disposition of Falsely Marked Articles
or Merchandise Made of Gold, Silver, or Other Precious Metals of
Their Alloys
Elements
1. Offender imports, sells or disposes articles made of gold,
silver, or other precious metals or their alloys;
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or quality of
said metals or alloys;
3. Offender knows that the stamps, brands, or marks fail to
indicate the actual fineness or quality of the metals or alloys.
Article 188. Substituting and Altering Trademarks, Trade names, or
Service Marks
Acts punished
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;
2. Selling or offering for sale such articles of commerce knowing that the trade
name or trademark has been fraudulently used;
3. Using or substituting the service mark of some other person, or a colorable
imitation of such mark n 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 it is to be used.
 Article 189. Unfair Competition, Fraudulent Registration of Trade
Name, Trademark, or Service Mark, Fraudulent Designation of
Origin, and False Description
Acts punished
1. Unfair competition;
Elements
1. By selling his goods;
2. Giving them the general appearance of the goods of another manufacturer or
dealer;
3. The general appearance is shown in the goods themselves, or in the
wrapping of their packages, or in the device or words therein, or in any feature of
their appearance;
4. There is actual intent to deceive the public or defraud a competitor.
 Article 189. Unfair Competition, Fraudulent Registration of Trade
Name, Trademark, or Service Mark, Fraudulent Designation of
Origin, and False Description

2. Fraudulent designation of origin; false description:

Elements
1. By affixing to his goods or using in connection with his
services a false designation of origin, or any false description
or representation; and
2. Selling such goods or services.
 Article 189. Unfair Competition, Fraudulent Registration of Trade
Name, Trademark, or Service Mark, Fraudulent Designation of
Origin, and False Description

3.Fraudulent registration
Elements
1. By procuring fraudulently from the patent
office;
2. The registration of trade name, trademark or
service mark
 Article 189. Unfair Competition, Fraudulent Registration of Trade
Name, Trademark, or Service Mark, Fraudulent Designation of
Origin, and False Description

3.Fraudulent registration
Elements
1. By procuring fraudulently from the patent
office;
2. The registration of trade name, trademark or
service mark
Written Works 4:
Enumerate the crimes and its elements under Title IV.
Crimes against Public Interest.
 Acts of counterfeiting
 Acts of Forgery
 Acts of Falsification
 Other Falsities

(Submit your paper to the class marcher, before the

end of the class)
Late submission will not be accepted.
Performance task no. 4:
1. Identify the salient features of Presidential
Decree no. 247 in relation to Art 164. Mutilation of
Coins?
2. Case Digest : Beradio vs CA, G.R. nos. L49483-86
(1981) in relation to Art 171. RPC.

(Submit your PT to the class marcher, next week before

the start of the class)
Late submission will not be accepted.
 SUMMARY

Cadets are now able to:

Knowledge:
Define crimes against Public Interest;

Skills :
Differentiate crimes against Public Interest;

Values :
Value some practices enumerated in crimes against public
interest and apply them to their daily duties and
responsibilities.