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Transcript of Reviewer on Criminal Law II
8/7/2019 Reviewer on Criminal Law II
http://slidepdf.com/reader/full/reviewer-on-criminal-law-ii 1/37
Reviewer
On
Revised Penal Code(BOOK II)
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Acts punished:
1.Forging the seal of the govt. of the Philippines
2. Forging the signature of the President;
3. Forging the stamp of the President
ART. 161: Forging the seal of the govt, signature or
stamp of the Chief Executive (ART. 161)
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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 counterfeit seal, or forged signature or
forgery.
ART. 162: Using forged signature or
counterfeit seal or stamp.
8/7/2019 Reviewer on Criminal Law II
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What are the crimes under counterfeiting coins?
1. Making and importing and uttering false coins
(ART. 163)2. Mutilation of coins importation and utterance
of mutilated coins (ART. 164)
3. Selling false or mutilated coin, without
connivance (ART. 165)
ART. 163: Counterfeiting coins
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Elements:
1. That there be false or counterfeited coins.
2. That the offender either made, imported or utteredsuch coins.
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or importers.
ART.163: Making and importing and uttering false
coins
Coin= a piece of metal stamped with certain marks and made current at a
certain value. ( Bouviers Law Dictionary, 519)
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When is a coin false or counterfeited?
A coin if false or counterfeited, if it is forged or if it is
not authorized by the government as legal tender,regardless of its intrinsic value.
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Acts punishable under ART. 164:
1. Mutilating coins of the legal currency, with the further
requirement that there be intent to damage or to defraudanother.
2. Importing or uttering such mutilated coins, with thefurther requirement that there must be connivance withthe mutilator or importer in case of uttering.
ART. 164. Mutilation of coins Importation and
utterance of mutilated coins
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Acts punishable under ART. 165:
1. Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that it is false or mutilated.
Elements:
a. Possession;
b. with intent to utter; and
c. Knowledge.
2. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated.
Elements:
a. Actually uttering, and
b. knowledge
ART. 165: Selling of false or mutilated coin,
without connivance.
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What are the acts penalizedunder ART. 166:
1. Forging or falsification of treasury or bank notes or otherpayable 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 ,
obligations and securities other documents
payable to bearer; importing and uttering such
false or forged notes and documents
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What are the 2 offenses contemplated in Art. 177?
1. Usurpation of authority;2. Usurpation of official function.
( People vs. Belarmino, C.A. 58 O.G. 6284)
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2 Ways of committing the crime under ART.177
1. By knowingly and falsely representing oneself tobe an officer, agent or representative of any
department or agency of the Phil Govt or anyforeign govt;
2. By performing any act pertaining to any person inauthority or public officer of the Phil. govt or of aforeign govt or any agency thereof, under pretenseof official position, and without being lawfullyentitled to do so.
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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 __
a. to conceal a crime;
b. to evade the execution of a judgment;
c. to cause damage to public interest
Art. 178 Using fictitious name and concealing true name
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What is a fictitious name?
Any other name which a person publicly
applies to himself without authority of law.
( U.S. vs. To Lee Piu, 35 Phil. 4)
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What are t he elements in concealing true name?
1. That the offender conceals
a. his true name; andb. all other personal circumstances.
2. That the purpose is only to conceal his
identity.
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Elements ( Illegal use of uniforms or insignia )
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. 179: Illegal use of uniforms or insignia.
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What are the 3 forms of false testimony:
1. False testimony in criminal cases ( ART. 180 & 181)2. False testimony in civil cases.(ART.182)
3. False testimony in other cases (ART. 183)
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What are the elements on false testimony
against a defendant:
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 false testimony is
given is either acquitted or convicted in a final judgment.
Art. 180: False testimony Against a defendant
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ART. 181: False testimony favorable to t he defendant:
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What are the elements?
1. That the testimony must be given in a 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 a
intent to affect issues presented in said case.
Art. 182: False testimony in civil cases
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What are the 2 ways of committing perjury?
1. By falsely testifying under oath; and
2. By making a false affidavit.
Art. 183: False testimony in other cases and perjury in
solemn affirmation.
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What are the elements of committing 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 of a falsehood; and,4. That the sworn statement or affidavit containing the falsity is
required by law.
Art. 183: False testimony in other cases and perjury in
solemn affirmation.
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Oath
= any form of attestation by which a person signifies that he is
bound in conscience to perfrom an act faithfully and truthfully.
Material matter
= It is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact or circumstancewhich tend to corraborate or strengthen the testimony
relative to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.
( US vs. Estraña, 16 Phil. 520)
Affidavit
= is a sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or officer.
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What are the elements of offering false
testimony in evidence:
1. That the offender offered in evidence a false witness orfalse 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. 184: Offering false testimony in evidence
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What are the crimes classified as frauds?
1. Machinations in public auctions (ART. 185)
2. Monopolies and combinations in restraint of trade (ART. 186)
3. Importation and disposition of falsely marked articles or
merchandise made of gold, silver or other preciousmetals.(ART.187)
4. Subsisting and altering trademarks and tradenames or
service marks (ART. 188)
5. Unfair competition, fraudulent registration of tradename,
trademark or service mark; fraudulent designation of origin
and false description (ART. 189)
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What are the 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.
ART. 185 Machinations in public auctions
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Elements of attempting to cause bidders to stayaway:
1. That there be a public auction;
2. That the accused attempted to cause the bidders tostay 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 o cause thereduction of the price of the thing auctioned.
ART. 185 Machinations in public auctions
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ART. 186: Monopolies and
combinations in restraint of trade.
Acts punished as monopolies and
combinations in restraint of trade:
1. Combination to prevent free competition;
2. Monopoly to restrain free competition 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 the merchandise.0000
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Articles involved:
Those made of
a. gold;
b. silver,
c. Other precious metals, or
d. Their alloys.
ART.187: Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other
precious metal or their alloys
Elements:
1. That the offender imports, sells or
disposes of any of those articles ormerchandise;
2. That the stamps, brands, or marks of
those articles of merchandise fail to
indicate the actual fineness or
quality of the said metals or alloys;
3. That the offender knows that thestamps, brands or marks fails to
indicate the actual fineness or
quality of the metals or alloys.
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What are the acts punishable by ART. 188:
1. By (1) substituting the tradename or trademark of some other
manufacturer or dealer, or colorable imitation thereof, for the trade
name or trademark of the real manufacturer or dealer upon any
article of commerce, and (2) selling the same.2. By selling or by offering for sale such articles of commerce, knowing
that the tradename or trademark has been fraudulently used.
3. By using or substituting the service mark of some other person, or
colorable imitation of such mark, in the sale of advertising of his
services.
4. By printing, lithographing or reproducing tradename, 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.
ART. 188: Substituting and altering
trademarks, tradenames, or
service marks
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What are the acts of the offender punished 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 (1) affixing to his goods or using in connection with his services a
false designation of origin, or any false description or
representation, and (2) by selling such goods or services.
( Fraudulent designation of origin; False description)
3. By procuring fraudulently from the patent office the registration of
tradename, trade mark or service mark. ( fraudulent registration )
ART. 189: Unfair competition, fraudulent registration of
trade name, trade mark, or service mark, fraudulent
designation of origin, and false description.
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