Rachel Ann Surla

Article 178
• USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
• ELEMENTS (using fictitious name) :
• That the offender uses a name other than his real name.
• That he uses that fictitious name publicly.
• That the purpose of the offender is –
– To conceal a crime,
– To evade the execution of a judgment, or
– To cause damage to public interest. (ex. Signing fictitious name for
a passport)
 EXAMPLE
Procorpio uses the name “POKWANG” to
make a prank video as his project in sociology.
Later on, because the video was epic, He now
have a sex transplant and plastic surgery to look
exactly like Pokwang. Is he guilty of the said
crime?
 ELEMENTS (concealing true
name):
• that the offender conceals –
• his true name, and
• all other personal circumstances.
– that the purpose is only to conceal his identity.
 EXAMPLE
Sandra in a chat app concealed her
true identity and used the name
Victoria. Will she be held liable
under this crime?
 Use of Fictitious Name Concealing True
(178) Name (178)

Element of publicity must be

present Publicity not necessary

Purpose is to conceal a crime, to

evade the execution of a Purpose is to conceal
judgment, or to cause damage identity
 Article 179
• ELEMENTS OF ILLEGAL USE OF UNIFORM
OR INSIGNIA:
• That the offender makes use of insignia, uniform or
dress.
• 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.
• That said insignia, uniform or dress is used publicly and
improperly.
• an exact imitation of the dress or uniform is
unnecessary
 EXAMPLE
Sylvia wear the dress of a nurse
having the insignia of PGH in her
vogue cover. Will Sylvia be held
liable under this crime?
 Article 180
• ELEMENTS OF FALSE TESTIMONY
AGAINST A DEFENDANT:
• That there be a criminal proceeding.
• That the offender testifies falsely under oath against the
defendant therein.
• That the offender who gives false testimony knows that
it is false.
• That the defendant against whom the false testimony is
given is either acquitted or convinced in a final
judgment (prescriptive period starts at this point)
• Requires criminal intent, can’t be committed
through negligence. Need not impute guilt
upon the accused
• The defendant must at least be sentenced to a
correctional penalty or a fine or must have
been acquitted
• The witness who gave false testimony is liable
even if the court did not consider his
testimony
• Penalty is dependent upon sentence imposed
on the defendant
 Article 181
• FALSE TESTIMONY IN FAVOR OF
DEFENDANT in a criminal case:
• False testimony by negative statement is in
favor of the defendant
• False testimony need not in fact benefit the
defendant
• A statement of a mere opinion is not
punishable
• Conviction or acquittal is not necessary (final
judgment is not necessary). The false
testimony need not influence the acquittal
• A defendant who voluntarily goes up on the
witness stand and falsely imputes the offense
to another person the commission of the
offense is liable under this article. If he merely
denies the commission of the offense, he is
not liable.
• Basis of penalty: gravity of the felony charged
against the defendant
 Article 182
• ELEMENTS OF FALSE TESTIMONY IN
CIVIL CASES:
• That the testimony must be given in a civil case.
• That the testimony must relate to the issues presented
in said case.
• That the testimony must be false.
• That the false testimony must be given by the
defendant knowing the same to be false.
• That the testimony must be malicious and given with
an intent to affect the issues presented in the said case
• Not applicable when testimony given in a
special proceeding (in this case, the crime is
perjury)
• Basis of penalty: amount involved in the civil
case
 Article183
• ELEMENTS OF FALSE TESTIMONY IN OTHER CASES
AND PERJURY IN SOLEMN AFFIRMATION:
• That an accused made a statement under oath or made an affidavit
upon a material matter.
• That the statement or affidavit was made before a competent
officer, authorized to receive and administer oath.
• That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood, and
• That the sworn statement or affidavit containing the falsity is
required by law.
 2 ways of committing perjury:
• Subornation of perjury: procures another to
swear falsely. Solemn affirmation: refers to
non-judicial proceedings and affidavits
• A false affidavit to a criminal complaint may
give rise to perjury
• A matter is material when it is directed to prove a fact
in issue
• A “competent person authorized to administer an
oath” means a person who has a right to inquire into
the questions presented to him upon matters under his
jurisdiction
• There is no perjury through negligence or imprudence
since the assertion of falsehood must be willful and
deliberate
• Even if there is no law requiring the statement to be
made under oath, as long as it is made for a legal
purpose, it is sufficient
• Perjury is an offense which covers false oaths other
than those taken in the course of judicial proceedings
• False testimony before the justice of the peace during
the P.I. may give rise to the crime of perjury because
false testimony in judicial proceedings contemplates
an actual trial where a judgment of conviction or
acquittal is rendered
• A person who knowingly and willfully procures
another to swear falsely commits subornation of
perjury and the witness suborned does testify under
circumstances rendering him guilty of perjury.
• The false testimony is not in a judicial proceeding
• by falsely testifying under oath
• by making a false statement
 Article 184
• ELEMENTS OF OFFERING FALSE TESTIMONY
IN EVIDENCE:
• a That the offender offered in evidence a false witness or
false testimony.
• b That he knew the witness or the testimony was false.
• c That the offer was made in a judicial or official
proceeding.
• Article applies when the offender without inducing another,
but knowing him to be a false witness, presented him and the
latter testified falsely in a judicial or official proceeding
• The false witness need not be convicted of false
testimony. The mere offer is sufficient.
 FRAUDS
Article 185
• ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTION:
• a That there be a public auction.
• b That the accused solicited any gift or a promise from
any of the bidders.
• c That such gifts or promise was the consideration for
his refraining from taking part in that public auction.
• d That the accused had the intent to cause the reduction
of the price of the thing auctioned.
• a That there be a public auction.
• b That the accused attempted to cause the
bidders to stay away from that public auction
• c That it was done by threats, gifts,
promises, or any other artifice.
• d That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
 Article 186
• MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE:
• Acts punished:
• Combination to prevent free competition in the market
• By entering into a contract or agreement or taking part
in any conspiracy or combination in the form of a trust
or otherwise, in restraint of trade or commerce or
prevent by artificial means free competition in the
market (It is enough that initial steps are taken. It is not
necessary that there be actual restraint of trade)
• Monopoly to restrain free competition in the market
• – By monopolizing any merchandise or object
of trade or commerce, by combining with any
person or persons to monopolize said
merchandise or object in order to alter the
prices thereof by spreading false rumors or
making use of any other artifice to restrain free
competition in the market
• 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.
• Person/s liable:
• Crime is committed by:
• The purpose is:
• Also liable as principals:
• Aggravated if items are:
• manufacturer
• producer
• processor
• importer
• combining
• conspiring
• agreeing with another person
• to make transactions prejudicial to lawful
commerce
• to increase the market price of any merchandise
or object of commerce manufactured, produced,
processed, assembled or imported into the Phil
• corporation/association
• agent/representative
• director/manager – who willingly permitted or
failed to prevent commission of above offense
• food substance
• motor fuel or lubricants
• goods of prime necessity
 Article 187
• ELEMENTS OF IMPORTATION AND
DISPOSITION OF FALSELY MARKED ARTICLES
OR MERCHANDISE MADE OF GOLD, SILVER,
OR OTHER PRECIOUS METALS OR THEIR
ALLOYS:
• a That the offender imports, sells or disposes of any of
those articles or merchandise.
• b That the stamps, brands, or marks or those articles or
merchandise fails to indicate the actual fineness or quality of
said metals or alloys.
• c That the offender knows that the said stamp, brand, or
mark fails to indicate the actual fineness or quality of the
metals or alloys.
 Article 188
• SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME,
OR SERVICE MARK
• Acts punishable:
• a By (a) substituting the trade name (t/n) or trademark (t/m) of some
other manufacturer or dealer or a colorable imitation thereof, for the t/n
or t/m of the real manufacturer or dealer upon any article of commerce
and (b) selling the same.
• b By selling or by offering for sale such article of commerce, knowing
that the t/n or t/m has been fraudulently used
• c By using or substituting the service mark of some other person, or a
colorable imitation of such marks, in the sale or advertising of services
• d By printing, lithographing or reproducing t/n, t/m or service mark of
one person, or a colorable limitation 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 TRADENAME, TRADEMARK
SERVICE MARK, FRAUDULENT DESIGNATION OF
ORIGIN, AND FALSE DESCRIPTION
• Acts punished:
• a Unfair competition by selling his goods, giving them the general
appearance of the goods of another manufacturer or dealer
• b Fraudulent designation of origin; false description by (a)
affixing to his goods or using in connection with his services a false
designation of origin; or any false description or representation, and
(b) selling such goods or services
• c Fraudulent registration by procuring fraudulently from the
patent office the registration of t/m, t/m or service mark.
 ELEMENTS:
• a That the offender gives his goods the general
appearance of the goods of another manufacturer or dealer
• b That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages, or in
the (c) device or words therein, or in (d) any other feature
of their appearance
• c That the offender offers to sell or sells those goods or
gives other persons a chance or opportunity to do the same
with a like purpose.
• d That there is actual intent to deceive the public or
defraud a competitor.