TITLE FOUR

CRIMES AGAINST PUBLIC INTEREST

Arts. 161-189
ARTICLE 161 TO ARTICLE 169 ARE ALL ABOUT
MAKING OR PRODUCING FAKE MONEY IN THE
PHILIPPINES.
ART. 161. COUNTERFEITING THE GREAT SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING
THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

The penalty of reclusion temporal

shall be imposed upon any person
who shall forge the Great Seal of
the Government of the Philippine
Islands or the signature or stamp of
the Chief Executive.
ART. 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.
 ART. 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.
The Great Seal is circular in form, with arms consisting
of paleways of two pieces, azure and gules; a chief
ardent studded with three golden stars equidistant from
each other; in point of honor, ovoid argent over the sun
rayonnant with eight minor and lesser rays; in sinister
base gules, the Lion Rampant of Spain; in dexter base
azure, the American eagle displayed proper; and
surrounding the whole is a double marginal circle within
which are the words “Republic of the Philippines.”
 ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE
ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

Custody and use of the Great Seal

The Great Seal shall be and remain in the custody of

the President of the Philippines, and shall be affixed to
or placed upon all commissions signed by him, and
upon such other official documents and papers of the
Republic of the Philippines as may by law be provided,
or as may be required by custom and usage in the
discretion of the President of the Philippines.
 ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE
ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

Acts punished:
2. Forging the signature of the President.
3. Forging the stamp of the President.
When in Government document the signature of the
President is forged, it is not called falsification. The name
of the crime is forging the signature of the Chief
Executive.
Examples of Government documents: (Executive Branch)
a. Reports
b. Handbooks and Manuals
c. Budgets
d. Maps and Atlases
 ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE
ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

Acts punished:
2. Forging the signature of the President.
3. Forging the stamp of the President.
The act punishable, among others, is counterfeiting or
making an imitation of the signature of the Chief
Executive on what is made to appear as an official
document of the Republic of the Philippines. It would
seem that if the Chief Executive left with his
secretary a signature in blank, and a document is
written above it, the crime committed is not covered
by Article 161. The one applicable is Article 171 or
Article 172.
 ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE
ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

Forge versus Counterfeit

Forgery is the crime of producing,
making, or adapting objects or
documents with the intent to
defraud another. When forgery leads
to someone being deceived out of
money, additional charges may be
added. Counterfeiting is making or
creating an unauthorized imitation
of a genuine article with the intent
to defraud.
ART. 162. USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP.
The penalty of prision mayor shall be
imposed upon any person who shall
knowingly make use of the counterfeit
seal or forged signature or stamp
mentioned in the preceding article.
ART. 162. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP.

Elements:
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another
person.
2. That the offender knew of the counterfeiting
or forgery.
3. That he used the counterfeited seal or forged
signature or stamp.
 ART. 163. MAKING AND IMPORTING AND UTTERING FALSE COINS.
Any person who make, imports, or utters false
coins, in connivance with counterfeiters, or
importers, shall suffer:1. Prisión correccional in
its minimum and medium periods and a fine
not to exceed Four hundred thousand pesos
(₱400,000), if the counterfeited coins be any
of the coinage of the Philippines.
2. Prisión correccional in its minimum period
and a fine not to exceed Two hundred
thousand pesos (₱200,000), if the
counterfeited coin be currency of a foreign
country. 12
ART. 163. MAKING AND IMPORTING AND UTTERING FALSE COINS.

Elements:
1. That there be false or counterfeited coins.
2. That the offender either made, imported or
uttered such coins.
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.

13
ART. 164. MUTILATION OF COINS; IMPORTATION
AND UTTERANCE OF MUTILATED COINS.

The penalty of prision correccional in its

minimum period and a fine not to exceed
Four hundred thousand pesos (₱400,000)
shall be imposed upon any person who shall
mutilate coins of the legal currency of the
Philippines or import or utter mutilated
current coins, or in connivance with
mutilators or importers.
​
14
 ART. 164. MUTILATION OF COINS; IMPORTATION AND
UTTERANCE OF MUTILATED COINS.
Import – to bring them into port. The importation is complete before
entry at the Customs House.
Utter – to pass counterfeited coins. It includes their delivery or the act
of giving them away.
Mutilation – to take off part of the metal either by filing it or
substituting it for metal of inferior quality.
​

15
 Art. 165. Selling of false or mutilated coin,
without connivance.
The person who knowingly, although
without the connivance mentioned in
the preceding articles, shall possess
false or mutilated coin with intent to
utter the same, or shall actually utter
such coin, shall suffer a penalty lower
by one degree than that prescribed in
said articles.
16
ART. 166. FORGING TREASURY OR BANK NOTES OR
OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING,
AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS.
The forging or falsification of treasury or bank notes or certificates or
other obligations and securities payable to bearer and the importation
and uttering in connivance with forgers or importers of such false or
forced obligation or notes shall be punished as follows:
1. By reclusion temporal in its minimum period and a fine not to
exceed two million pesos (₱2,000,000), if the document which has
been falsified, counterfeited, or altered is an obligation or security of
the Philippines.
"The words ‘obligation or security of the Philippines’ shall mean all
bonds, certificates of indebtedness, national bank notes, coupons,
Philippine notes, treasury notes, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by or upon
authorized officers of the Philippines, and other representatives of
value, of whatever denomination, which have been or may be issued
under any act of Congress.
ART. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO
BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS.

2. By prisión mayor in its maximum period and a fine

not to exceed one million pesos (₱1,000,000), if the
falsified or altered documents is a circulating note
issued by any banking association duly authorized by
law to issue the same.
3. By arresto mayor in its medium period and a fine not
to exceed one million pesos (₱1,000,000), if the
falsified or counterfeited document was issued by a
foreign government.
4. By prisión mayor in its minimum period and a fine
not to exceed Four hundred thousand pesos
(₱400,000), when the forged or altered document is a
circulating note or bill issued by a foreign bank duly
authorized therefor.
ART. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO
BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS.

Three penalized under Art. 166:

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.
ART. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO
BEARER; IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS.

How are forging and falsification committed?

Forging is committed by giving to a treasury or bank
notes or any instrument payable to bearer or to order
the appearance of a true and genuine document.

Falsification is committed by erasing, substituting,

counterfeiting or altering by any means, the figures,
letters, words or signs contained therein.

To forge an instrument is to make false instrument

intended to be passed for the genuine one.
 ART. 167. COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER.
Any person who shall forge, import or utter, in connivance
with the forgers or importers, any instrument payable to
order or other document of credit not payable to bearer,
shall suffer the penalties of prision correccional in its
medium and maximum periods and a fine not exceeding
one million two hundred thousand pesos (₱1,200,000).
ART. 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER.

Elements:

1. That there be an instrument payable to order

or other document of credit not payable to
bearer.
2. That the offender either forged, imported or
uttered such instrument.
3. That in case of uttering, he connived with the
forger or importer.
ART. 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER.

Reason for punishing forgery of currency:

Forgery of currency is punished so as to maintain

the integrity of the currency and thus insure the
credit standing of the government and prevent the
imposition of the public and government of
worthless notes or obligation.
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT.
Unless the act be one of those coming
under the provisions of any of the
preceding articles, any person who shall
knowingly use or have in his possession,
with intent to use any of the false or
falsified instruments referred to in this
section, shall suffer the penalty next lower
in degree than that prescribed in said
articles.
24
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT.

Elements:
1. That 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. That the offender knows that any of those
instruments is forged or falsified.
3. That he performs any of these acts –
a. Using any of such forged or falsified
instruments; or
b. Possessing with intent to use any of such
forged or falsified instruments.
25
ART. 169. HOW FORGERY IS COMMITTED.

The forgery referred to in this section may be

committed by any of the following means:
1. By giving to a treasury or bank note or any
instrument, payable to bearer or order 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. ​

26
ARTICLE 170 TO ARTICLE 176 ARE ALL ABOUT
MAKING, PRODUCING OR ALTERING A
DOCUMENT TO MAKE IT APPEAR ORIGINAL
OR ACCEPTABLE THUS, DECEIVING OTHERS.
 Five Classes of Falsification:
1. Falsification of legislative documents (Art. 170)
2. Falsification of a document by a public officer,
employee or notary public (Art. 171)
3. Falsification of a public or official, or commercial
document by a private individual (Art. 172, par. 1)
4. Falsification of a private document by any person
(Art. 172, par. 2)
5. Falsification of wireless, telegraph and telephone
messages (Art. 173)
 Art. 170. Falsification of legislative documents.
The penalty of prisión correccional in its
maximum two hundred thousand pesos
(₱1,200,000) shall be imposed upon
any person who, without proper
authority therefor alters any bill,
resolution, or ordinance enacted or
approved or pending approval by either
House of Congress or any provincial
board or municipal council.
29
Art. 170. Falsification of legislative documents.

Elements:
1. That there be 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. That the offender alters the same.
3. That he has no proper authority
therefor.
4. That the alteration has changed the
meaning of the document.
30
ART. 171. FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTIC MINISTER.
The penalty of prisión mayor and a fine not to exceed One
million pesos (₱1,000,000) shall be imposed upon any public
officer, employee, or notary who, taking advantage of his of
position shall falsify a document by committing any of the
following acts:
1. Counterfeiting or using any handwriting, signature or
rubric;

2. Causing it to appear that persons have participated in

any act or proceeding when they did not in fact so
participate;

31
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

3. Attributing to persons who have participated

in an act or proceeding statements other than
those in fact made by them;

4. Making untruthful statements in a narration

of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a

genuine document which changes its meaning;
32
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

7. 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

8. Intercalating any instrument or note relative to the

issuance thereof in a protocol, registry, or official book.
33
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

The same penalty shall be imposed upon any

ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of
such character that its falsification may affect the civil
status of persons. ​

34
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

Elements:
1. That the offender is a public officer, employee or
notary public.
2. That he takes advantage of his official position.
3. That 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. 35
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

Elements:
c. Attributing to persons who have participated in any
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.

36
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

Elements:
g. Issuing in authenticated form a document purporting
to be a copy of an original document when no such
original exists, or including in such copy a statement
contrary to, or different from, that of the genuine original.
h. Intercalating an instrument or note relative to the
issuance thereof in a protocol, registry or official book.

37
ART. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE
OR NOTARY OR ECCLESIASTIC MINISTER.

Elements:
4. In case the offender is an ecclesiastical minister, the
act of falsification is committed with respect to any
record or document of such character that its
falsification may affect the civil status of persons.

38
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL
AND USE OF FALSIFIED DOCUMENTS.
The penalty of prisión correccional in its
medium and maximum periods and a fine
of not more than One million pesos
(₱1,000,000) shall be imposed upon:
1. Any private individual who shall
commit any of the falsifications
enumerated in the next preceding article
in any public or official document or
letter of exchange or any other kind of
commercial document; 39
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS.
2. Any person who, to the damage of a third
party, or with the intent to cause such damage,
shall in any private document commit any of the
acts of falsification enumerated in the next
preceding article; and
3. Any person who shall knowingly introduce in
evidence in any judicial proceeding or to the
damage of another or who, with the intent to
cause such damage, shall use any of the false
documents embraced in the next preceding
article, or in any of the foregoing subdivisions of
this article, shall be punished by the penalty next
lower in degree.
40
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS.

Three acts punished under Art. 172:

1. Falsification of public, official or commercial
document by a private individual. (par. 1)
2. Falsification of public document by any
person. (par. 2)
3. Use of falsified document. (par. 3)

41
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS.

Four kinds of documents:

1. Public document – a document created, executed or
issued by a public official in response to the
exigencies of the public service, or in the execution
of which a public official intervened.
A public document is any instrument authorized
by a notary public or a competent public official, with the
solemnities required by the law.
2. Official document – a document which is issued by
a public official in the exercise of the functions of his
office. An official document is also a public
document. It falls within the larger class called
public document.

42
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS.

Four kinds of documents:

3. Private document – a deed or instrument executed
by a private person without the intervention of a
notary public or other person legally authorized, by
which document some deposition or agreement is
proved, evidenced or set forth.
4. Commercial document – any document defined and
regulated by the Code of Commerce or any other
commercial law.
Commercial documents are documents or
instruments used by merchants or businessmen to
promote or facilitate trade.

43
 ART. 173. FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES, AND
USE OF SAID FALSIFIED MESSAGES.
The penalty of prision correccional in its medium and maximum
periods shall be imposed upon officer or employee of the
Government or of any private corporation or concern engaged
in the service of sending or receiving wireless, cable or
telephone message who utters a fictitious wireless, telegraph
or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the

prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree.
 ART. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES.

Three acts are punishable under Art. 173:

1. Uttering fictitious wireless, telegraph or telephone
message.
2. Falsifying wireless, telegraph or telephone message.
3. Using such falsified message.
 ART. 174. FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATES OF MERITS OR
SERVICE, ETC.
The penalties of arresto mayor in its maximum period to
prisión correccional in its minimum period and a fine not to
exceed Two hundred thousand pesos (₱200,000) shall be
imposed upon:
1. Any physician or surgeon who, in connection with the
practice of his profession, shall issue a false certificate;
and
2. Any public officer who shall issue a false certificate of
merit of service, good conduct or similar circumstances.
The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling within
the classes mentioned in the two (2) preceding
subdivisions.
 ART. 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC.

A certificate is any writing by which testimony is given that a fact has or

has not taken place.

Persons liable for falsification of certificates:

1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate. (It
must refer to the illness or injury of a person)
Note: The crime is False Medical Certificate by a physician.
2. Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances.
Note: The crime is False Certificate of Merit or Service by a
public officer.
 ART. 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC.

Persons liable for falsification of certificates:

3. Private individual who falsified a certificate falling in the

classes mentioned in Nos. 1 and 2.
Note: The crime is False Medical Certificate by a private
individual or False Certificate of Merit or Service by a
private individual.
Art. 175. Using false certificates.

The penalty of arresto menor shall

be imposed upon any one who
shall knowingly use any of the false
certificates mentioned in the next
preceding article.

49
Art. 175. Using false certificates.

Elements:
1. That a physician or surgeon had issued a
false medical certificate, or a public officer
had issued a false certificate of merit or
service, good conduct or similar
circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the ceritificate
was false.
3. That he issued the same.
50
Art. 175. Using false certificates.

When any of the false certificates mentioned in

Art. 174 is used in the judicial proceeding, Art.
172 does not apply, because the use of false
document in judicial proceeding under Art. 172 is
limited to those false documents embraced in
Art. 171 and 172.

51
ART. 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS
OR IMPLEMENTS FOR FALSIFICATION.
The penalty of prisión correccional in its medium and
maximum periods and a fine not to exceed One million
pesos (₱1,000,000) shall be imposed upon any person
who shall make or introduce into the Philippines any
stamps, dies, marks, or other instruments or implements
intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding
section of this Chapter.

Any person who, with the intention of using them, shall

have in his possession any of the instruments or
implements mentioned in the preceding paragraphs, shall
suffer the penalty next lower in degree than that provided
therein. 52
ART. 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION.

Acts punished under Art. 176:

1. Making or introducing into the Philippines any
stamps, dies, marks or other instruments for
counterfeiting or falsification.
2. Possessing with intent to use the instruments
or implements for counterfeiting or falsification
made in or introduced into the Philippines by
another person.

53
 ART. 177. USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS.
Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of
any department or agency of the Philippine
Government or of any foreign government, or who,
under pretense of official position, shall 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, shall suffer the penalty of
prision correccional in its minimum and medium
periods.
54
ART. 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS.

Two ways of committing the crime under Art. 177:

1. By knowing and falsely representing oneself to
be an officer, agent or representative of any
department or agency of the Philippine
Government or any foreign government.

Note that in usurpation of authority, the mere act of

knowingly or falsely representing oneself to be an
officer, etc. is sufficient. It is not necessary that he
performs an act pertaining to a public officer.

55
ART. 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS.

Two ways of committing the crime under Art. 177:

2. By performing any act pertaining to any person
in authority or public officer of the Philippine
Government or of a foreign government or any
agency thereof, under pretense of official
position, and without being lawfully entitled to
do so.

Note that in usurpation of official functions, it is

essential that the offender should have performed an
act pertaining to a person in authority or public officer,
in addition to other requirements.

56
 ART. 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME.
The penalty of arresto mayor and a fine not to exceed
One hundred thousand pesos (₱100,000) shall be
imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a crime,
evading the execution of a judgment or causing
damage.
Any person who conceals his true name and other
personal circumstances shall be punished by arresto
menor or a fine not to exceed Forty thousand pesos
(₱40,000).
ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME.

Elements (using fictitious name):

1. That the offender uses a name other than his real

name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME.

Elements (concealing true name):

1. That the offender conceals –

a. His true name; and
b. All other personal circumstances.

2. That the purpose is only to conceal his identity.

 ART. 179. ILLEGAL USE OF
UNIFORMS OR INSIGNIA.

The penalty of arresto mayor shall be

imposed upon any person who shall
publicly and improperly make use of
insignia, uniforms or dress pertaining
to an office not held by such person
or to a class of persons of which he
is not a member.
ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA.

Elements:
1. That the offender makes use of
insignia, uniform or dress.
2. 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.
3. That said insignia, uniform or
dress is used publicly and
improperly.
Art. 180. False testimony against a defendant.
Any person who shall give false testimony against
the defendant in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the

defendant in said case shall have been
sentenced to death;

2. The penalty of prisión mayor, if the defendant

shall have been sentenced to reclusion temporal
or reclusion perpetua;

62
Art. 180. False testimony against a defendant.

3. The penalty of prisión correccional, if the

defendant shall have been sentenced to any
other afflictive penalty; and

4. The penalty of arresto mayor, if the defendant

shall have been sentenced to a correctional
penalty or a fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this

article the offender shall further a fine not to exceed
Two hundred thousand pesos (₱200,000).
63
Art. 180. False testimony against a defendant.

Elements:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath
against the defendant therein.
3. That the offender who gives false testimony
knows that it is false.
4. That the defendant against whom the testimony
is given is either acquitted or convicted in a final
judgment.

64
ART. 181. FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT.
Any person who shall give false testimony
in favor of the defendant in a criminal case,
shall suffer the penalties of arresto mayor
in its maximum period of prisión
correccional in its minimum period and a
fine not to exceed Two hundred thousand
pesos (₱200,000), if the prosecution is for
a felony punishable by an afflictive penalty,
and the penalty of arresto mayor in any
other case.
65
ART. 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT.

Reason for punishing the crime of false

testimony:
False testimony is punished not because
of the effect it actually produces, but
because of its tendency to favor or to
prejudice the defendant.

66
 ART. 182. FALSE TESTIMONY IN
CIVIL CASES.
Any person found guilty of false testimony in a civil
case shall suffer the penalty of prisión correccional in
its minimum period and a fine not to exceed One
million two hundred thousand pesos (₱1,200,000), if
the amount in controversy shall exceed One million
pesos (₱1,000,000), and the penalty of arresto mayor
in its maximum period to prisión correccional in its
minimum period and a fine not to exceed Two hundred
thousand pesos (₱200,000), if the amount in
controversy shall not exceed said amount or cannot be
estimated.
67
ART. 182. FALSE TESTIMONY IN CIVIL CASES.

Elements:
1. That the testimony must be given in civil case.
2. That the testimony must relate to the issues
presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the
defendant knowing the same to be false.
5. That the testimony must be malicious and given
with an intent to affect the issues presented in said
case.
68
 ART. 183. FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION.
The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon any
person, who knowingly makes untruthful statements and not
being included in the provisions of the next preceding articles,
shall testify under oath, or make an affidavit, upon any material
matter before a competent person authorized to administer an
oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of
an oath, shall commit any of the falsehoods mentioned in this
and the three preceding articles of this section, shall suffer the
respective penalties provided therein.
ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION.

Two ways of committing perjury:

1. By falsely testifying under oath; and
2. By making a false affidavit.

Note: Falsely testifying under oath should not be in a judicial

proceeding.
ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION.

An oath is any form of attestation by which a person signifies

that he is bound in conscience to perform an act faithfully and
truthfully. It involves the idea of calling on God to witness what
is averred as truth, and it is supposed to be accompanied with
an invocation of His vengeance, or a renunciation of His favor,
in the event of falsehood.

An affidavit is a sworn statement in writing; a declaration in

writing, made upon oath before an authorized magistrate or
officer.
ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION.

Elements of perjury:
1. That the accused made a statement under oath or
executed an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer, authorized to receive and administer
oath;
3. That in that statement or affidavit, the accused made a
willful and deliberate assertion; and
4. That the sworn statement or affidavit containing the falsity
is required by law.
 ART. 184. OFFERING FALSE
TESTIMONY IN EVIDENCE.

Any person who shall knowingly offer

in evidence a false witness or
testimony in any judicial or official
proceeding, shall be punished as
guilty of false testimony and shall
suffer the respective penalties
provided in this section.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE.

Elements:
1. That the offender offered in
evidence a false witness or false
testimony.
2. That he knew the witness or the
testimony was false.
3. That the offer was made in a
judicial or official proceeding.
 Art. 185. Machinations in public auctions.
Any person who shall solicit any gift or promise
as a consideration for refraining from taking part
in any public auction, and any person who shall
attempt to cause bidders to stay away from an
auction by threats, gifts, promises, or any other
artifice, with intent to cause the reduction of the
price of the thing auctioned, shall suffer the
penalty of prision correccional in its minimum
period and a fine ranging from 10 to 50 per
centum of the value of the thing auctioned.
Machination – a plot or scheme
75
Art. 185. Machinations in public auctions.

Acts punishable under Art. 185:

1. By soliciting any gift or promise as a
consideration for refraining from taking part
in any public auction.
2. By attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice.

76
Art. 185. Machinations in public auctions.

Elements of soliciting gift or promise:

1. That there be a public auction.
2. That the accused solicited any gift or a
promise from any of the bidders.
3. That such gift or promise was the
consideration for his refraining from taking
part in that public auction.
4. That the accused had the intent to cause the
reduction of the price of the thing auctioned.

77
Art. 185. Machinations in public auctions.

Elements of attempting to cause bidders to stay

away:
1. That there be a public auction.
2. That the accused attempted to cause the
bidders to stay away from that public
auction.
3. That it was done by threats, gifts, promises
or any other artifice.
4. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
78
 ART. 186. MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE.
The penalty of prision correccional in its minimum period or a fine ranging
from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take
part in any conspiracy or combination in the form of a trust or otherwise,
in restraint of trade or commerce or to prevent by artificial means free
competition in the market;

2. Any person who shall monopolize any merchandise or object of trade

or commerce, or shall combine with any other person or persons to
monopolize and merchandise or object in order to alter the price thereof
by spreading false rumors or making use of any other article to restrain
free competition in the market;
ART. 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE.

3. Any person who, being a manufacturer, producer, or

processor of any merchandise or object of commerce or an
importer of any merchandise or object of commerce from any
foreign country, either as principal or agent, wholesaler or
retailer, shall combine, conspire or agree in any manner with
any person likewise engaged in the manufacture, production,
processing, assembling or importation of such merchandise or
object of commerce or with any other persons not so similarly
engaged for the purpose of making transactions prejudicial to
lawful commerce, or of increasing the market price in any part
of the Philippines, of any such merchandise or object of
commerce manufactured, produced, processed, assembled in
or imported into the Philippines, or of any article in the
manufacture of which such manufactured, produced, or
imported merchandise or object of commerce is used.
ART. 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE.
If the offense mentioned in this article affects any food substance,
motor fuel or lubricants, or other articles of prime necessity, the
penalty shall be that of prision mayor in its maximum and medium
periods it being sufficient for the imposition thereof that the initial
steps have been taken toward carrying out the purposes of the
combination.
Any property possessed under any contract or by any combination
mentioned in the preceding paragraphs, and being the subject
thereof, shall be forfeited to the Government of the Philippines.
Whenever any of the offenses described above is committed by a
corporation or association, the president and each one of its agents
or representatives in the Philippines in case of a foreign corporation
or association, who shall have knowingly permitted or failed to
prevent the commission of such offense, shall be held liable as
principals thereof.
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS.
The penalty of prisión correccional or a
fine ranging from Forty thousand pesos
(₱40,000) to Two hundred thousand
pesos (₱200,000), or both, shall be
imposed upon any person who shall
knowingly import or sell or dispose of any
article or merchandise made of gold,
silver, or other precious metals, or their
alloys, with stamps, brands, or marks
which fail to indicate the actual fineness
or quality of said metals or alloys.
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS.

Any stamp, brand label, or mark shall be deemed to fail

to indicate the actual fineness of the article on which it
is engraved, printed, stamped, labeled or attached,
when the test of the article shows that the quality or
fineness thereof is less by more than one-half karat, if
made of gold, and less by more than four one-
thousandth, if made of silver, than what is shown by
said stamp, brand, label or mark. But in case of watch
cases and flatware made of gold, the actual fineness of
such gold shall not be less than more than three one-
thousandth than the fineness indicated by said stamp,
brand, label, or mark.
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS.

Articles or merchandise involved:

1. Gold;

2. Silver;

3. Other precious metals, or

4. Their alloys.
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS.

Elements:

1. That the offender imports, sells or disposes of any

of those articles or merchandise.

2. That the stamps, brands, or marks of those articles

of merchandise fail to indicate the actual fineness
or quality of said metals or alloys.

3. That the offender knows that the stamps, brands or

marks fail to indicate the actual fineness or quality
of the metals or alloys.
 ART. 188. SUBSISTING AND ALTERING TRADE-
MARK, TRADE-NAMES, OR SERVICE MARKS.
The penalty of prision correccional in its minimum period or a
fine ranging from 50 to 2,000 pesos, or both, shall be imposed
upon:
1. Any person who shall substitute the trade name or trade-
mark of some other manufacturer or dealer or a colorable
imitation thereof, for the trademark of the real manufacturer
or dealer upon any article of commerce and shall sell the
same;
2. Any person who shall sell such articles of commerce or offer
the same for sale, knowing that the trade-name or trade- mark
has been fraudulently used in such goods as described in the
preceding subdivision;
ART. 188. SUBSISTING AND ALTERING TRADE-MARK, TRADE-NAMES, OR SERVICE MARKS.

3. Any person who, in the sale or advertising of his services,

shall use or substitute the service mark of some other person,
or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-
name, trade-mark, or service mark of a person is to be used,
prints, lithographs, or in any way reproduces such trade-name,
trade-mark, or service mark, or a colorable imitation thereof, for
another person, to enable that other person to fraudulently use
such trade-name, trade-mark, or service mark on his own
goods or in connection with the sale or advertising of his
services.
ART. 188. SUBSISTING AND ALTERING TRADE-MARK, TRADE-NAMES, OR SERVICE MARKS.

A trade-name or trade-mark 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
trade-name or trade-mark.

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.
ART. 189. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADE-MARK, TRADE-NAME OR SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION.

The penalty provided in the next proceeding article shall be

imposed upon:

1. Any person who, in unfair competition and for the purposes of

deceiving or defrauding another of his legitimate trade or the
public in general, shall sell his goods giving them the general
appearance of goods of another manufacturer or dealer, either
as to the goods themselves, or in the wrapping of the packages
in which they are contained or the device or words thereon or in
any other features of their appearance which would be likely to
induce the public to believe that the goods offered are those of a
manufacturer or dealer other than the actual manufacturer or
dealer or shall give other persons a chance or opportunity to do
the same with a like purpose.
ART. 189. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADE-MARK, TRADE-NAME OR SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION.

2. Any person who shall affix, apply, annex or use in

connection with any goods or services or any container or
containers for goods a false designation of origin or any
false description or representation and shall sell such
goods or services.

3. Any person who by means of false or fraudulent

representation or declarations orally or in writing or by
other fraudulent means shall procure from the patent office
or from any other office which may hereafter be
established by law for the purposes the registration of a
trade-name, trade-mark or service mark or of himself as
the owner of such trade-name, trade-mark or service mark
or an entry respecting a trade-name, trade-mark or service
mark.
ART. 189. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADE-MARK, TRADE-NAME OR SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION.

Acts punishable under Art. 189:

1. By selling his goods, giving them the general
appearance of the goods of another manufacturer or
dealer. (Unfair competition)
2. 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. (Fraudulent designation of origin:
False description)
3. By procuring fraudulently from the patent office the
registration of trade name, trademark or services
mark. (Fraudulent registration).
ART. 189. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADE-MARK, TRADE-NAME OR SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION.

Mark means any visible sign capable of distinguishing the

goods (trademark) or services (Service mark) of an
enterprise and shall include a stamped or marked
container.

Tradename means the name or designation identifying or

distinguishing an enterprise.
 THE END

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