Mark Anthony Zabal, Thiting Estoso Jacosalem, and Odon S. Bandiola v. President Rodrigo Duterte, Salvador Medildea, and Eduardo Año, G.R No. 238467, February 12, 2019.
3. Falsifying or Counterfeiting document issued CHAPTER ONE by foreign government FORGERIES 4. Forging or Altering a circulating note or bill issued by a foreign bank authorized therefor Section 1: Forging the seal of the Government of the Philippines Islands, the signature or stamp of the Chief Art. 167: Counterfeiting, Importing and Uttering Executive instruments not payable to bearer Elements: Art. 161: Counterfeiting the great seal of the 1. Any person, who: Government of the Philippine Islands, forging the 2. Forge, Import, Utter in connivance signature or stamp of the Chief Executive 3. Instrument is payable to order or other Acts Punishable: document of credit not payable to bearer 1. Any person, who: a. Forge the great seal of the Art. 168: Illegal Possession and use of false treasury or Government of the Philippine Islands bank notes and other instruments of credit b. Forge the signature or stamp of the Elements: Chief Executive 1. Any person, who: 2. Knowingly use or in possession, with intent to Art. 162: Using forged signature or counterfeit seal or use stamp 3. False or Falsified Instruments Elements: 1. Offender is any person Art. 169: How Forgery is committed: 2. Knows that the same is forged Act Punishable: 3. Uses the counterfeit seal or stamp 1. Giving to a treasury or bank note or any instrument, payable to bearer or order Section 2: Counterfeiting Coins mentioned therein, the appearance of a true Art. 163: Making and Importing and Uttering false coins and genuine document Acts Punishable: 2. Erasing, substituting, counterfeiting, or 1. Making false coins – imitating true & genuine altering by any means the figures, letters, 2. Importing false Coins – bringing to Philippines words, or signs contained therein 3. Uttering false coins – giving away, passing, circulating Section 4: Falsification of legislative, public, commercial, and private documents, and wireless telegraph, and Art. 164: Mutilation of coins, Importation and Utterance telephone message of mutilated Coins Act Punishable: Art. 170: Falsification of Legislative Documents 1. Mutilating – take off part of the metal which Elements: would decrease value 1. Any person 2. Importing, in connivance with mutilators 2. Without proper authority 3. Uttering, in connivance with mutilators 3. Alters any bill, resolution, or ordinance enacted or approved or pending approval by Art. 165: Selling of False or mutilated coins, without either House or any provincial board or connivance municipal council Act Punishable: 1. Possession of any coin mutilated or Kinds of Documents counterfeited, with intent to utter and know 1. Public it is not genuine 2. Official 2. Actually uttering despite knowledge 3. Commercial 4. Private Section 3: Forging treasury or bank notes, obligations and securities, importing and uttering false or forged Art. 171: Falsification by Public officer, employee, or notes and documents notary or ecclesiastic minister Act Punishable: Art. 166: Forging treasury or bank noted on other 1. Counterfeiting or imitating any handwriting, documents payable to bearer; importing and uttering signature or rubric such false or forged notes and documents 2. Causing to appear that persons have Act Punishable: participated in any act or proceeding when 1. Falsifying, Counterfeiting, Altering an they did not in fact so participate obligation or security of the United States or 3. Attributing o persons who have participated of Philippines in an act or proceeding statements other than 2. Falsifying, Counterfeiting Altering a those in fact made by them circulating note issued by any banking 4. Making untruthful statements in a narration association duly authorized by law to issue of facts the same 5. Altering true dates Unica Amor R. Mananquil Page 1 of 3 Criminal Law TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST 6. Making any alteration or intercalation in a CHAPTER TWO genuine document which changes its meaning OTHER FALSITIES 7. Issuing in an authenticated form a document purporting to be a copy of an original Section 1: Usurpation of authority, rank, title, and document when no such original exist, OR improper use of names, uniforms and insignia including in such a copy a statement contrary to, or different from that of the genuine Art. 177: Usurpation of authority or official functions original Act Punishable: 8. Intercalating any instrument or note relative 1. Usurpation of Public Authority to the issuance thereof in a protocol, registry 2. Usurpation of Official Function or official book Art. 178: Using fictitious name and concealing true name Art. 172: Falsification by private individual and use of Act Punishable: falsified documents 1. Using fictitious name Act Punishable: a. Any person 1. Falsification of public, official, or commercial b. Using other name publicly document by a private individual c. Conceal crime, evade execution of 2. Falsification of a private document by any judgment, and damage public interest person 2. Concealing true name 3. Use of falsified document a. Any person b. Conceal his real name and other Art. 173: Falsification of wireless, cable, telegraph and personal circumstances telephone messages, and use of said falsified messages c. Intent to conceal real identity Act Punishable: 1. Uttering fictitious wireless, telegraph or CA 142 AS AMENDED: ANTI-ALIAS LAW telephone messages 2. Falsifying wireless, telegraph or telephone messages Art. 179: Illegal Use of uniforms or insignia 3. Using such falsifies messages Elements: 1. Offender uses insignia, uniform, dress Section 5: Falsification of Medical Certificates, 2. Pertains to an office or class not held by him/ Certificates of Merit, or Services and the like not a member 3. Used publicly and improperly Art. 174: False medical certificates, false certificates of merits or service, etc. Section Two: False Testimony Act Punishable: Art. 180: False Testimony against a defendant 1. Physician or surgeon in connection with the practice of his profession Art. 181: False Testimony favorable to the defendants 2. Public officer who issues a false certificate of merit of service, good moral character Art. 182: False Testimony in civil cases 3. Private individual who shall falsify such certificate Art. 183: False Testimony in other cases and perjury in solemn affirmation Art. 175: Using false certificates Act Punishable: Act Punishable: 1. Any person 1. Any person 2. Gives false testimony; 2. Knowingly use and of the false certificates a. Against the defendant b. In favor of defendant Section 6: Manufacturing, Importing and Possession of c. Civil cases instruments or implements intended for the commission d. Other cases of falsification Perjury under Art 183: Art. 176: Manufacturing and Possession of instruments Elements: or implements for falsification 1. Accused made a statement under oath OR Act Punishable: executed an affidavit on material matter 1. Making or introducing into Philippines 2. That it was made before a competent officer 2. Possessing with intent to use instruments or duly authorized to receive or administer oath implements for falsification 3. Accused made willful and deliberate assertion of falsehood 4. Sworn statement of affidavit is required by law Acts Punishable under Perjury 1. Statement under oath 2. Making false affidavit
Unica Amor R. Mananquil
Page 2 of 3 Criminal Law TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST Art. 184: Offering false testimony in evidence Elements: 1. Any person 2. Knowingly offers in evidence a false witness or testimony 3. Judicial or Official proceeding
CHAPTER THREE FRAUDS
Section 1: Machinations, Monopolies, and Combinations
Art. 185: Machinations in Public Auctions
Act Punishable: 1. Soliciting gift or promise as consideration from refraining from taking part in any public auction 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice
Art. 186: Monopolies and combinations in restraint of
trade Act Punishable: 1. Combination to prevent free competition in the market 2. Monopoly to restrain free completion 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 merchandise
Section 2: Frauds in commerce and industry
Art. 187: Importation and Disposition of Falsely Marked
Articles or Merchandise made of gold, silver, or other precious metals or their alloys Elements: 1. Any person 2. Imports, sells, or dispose, any article or merchandise made of gold, silver, or other precious metals, or alloys 3. Stamps, brands, or marks of those merchandise failed to indicate the actual fineness or quality of said metal or alloys 4. Offender knew the stamp, brand, or mark failed to indicate actual fineness or quality
Mark Anthony Zabal, Thiting Estoso Jacosalem, and Odon S. Bandiola v. President Rodrigo Duterte, Salvador Medildea, and Eduardo Año, G.R No. 238467, February 12, 2019.