Average people believe you have to DO something to get rich.

Rich people believe you have to BE something to get rich.

QUASI-RECIDIVISM HABITUAL DELINQUENCY RECIDIVISM REITERACION / HABITUALITY Indeterminate Sentence Law R.A. 4103 -in imposing a prison sentence for offenses punishable by the revised penal code, -who are not qualified for ISLAW? o RLD/TMRSE/PHD/EE/VCP/1yr Probation Law P.D. 968 -who are not qualified for probation? o 6yrs/once/1month/SNSPO -filing of AFP deemed waiver of the RTA -imprisonment or fine only Obstruction of Justice P.D. 1829 -knowingly/willfully OIFD the AIP -by PAHPDMSTG -if any of the acts is penalized by any other law with a higher penalty, the higher penalty shall be imposed. -absorbed in R, if committed with ___,

 ANTI-PLUNDER LAW R.A. 7080 -any PO by himself/ in connivance -AAA IW, through_________: -Misappropriation, Receiving, illegal or fraudulent, Obtaining, Establishing, Taking M-R-I-O-E-T -aggregate amount or total value -Suspension and loss of benefits -Period of Prescription -Plunder, although punished in a special law, is a malum in se ANTI-FENCING LAW R.A. 1612 -it is the act of any person who, with intent to gain for himself or for another, shall B-R-P-K-A-C-S-D, value, knows derived. *Elements: -R-B-K-I -Tan vs. People- theft is a public crime Bouncing Checks Law -what the law punishes -the thrust of the law -the law is intended to safeguard *Elements: -Making-Knowledge-Subsequent-How is the element of knowledge of Insufficiency established? [prima facie

presumption of knowledge] Requisites: 1. check is presented within 2. D/M receives notice 3. fails to pay/make -such presumption cannot arise -a mere oral notice or demand -complete defense? -yulo vs. people (notice of dishonor was dispense with) -knowledge by the payee of insufficiency of funds is immaterial as -knowledge by the payee of insufficiency of funds, NOT a DEFENSE; EXCEPTION 1.was issued to cover a warranty deposit 2.mere purpose of evidencing -prima facie proof of making and due Presentment Illegal Possession of Firearms and Explosives -AP,UMSADP, FAAMTI -provided no other crime committed -Murder/Homicide SAC -in FCI to in RSA -no separate offense if committed along with violation of gun ban, dda

 COMPREHENSIVE DANGEROUS DRUGS ACT -RPC shall not apply to the provisions of this Act, except in the case of minor offenders, the penalty for acts punished by li-d shall be rp-d -unnecessary prescription vs. unlawful prescription -plea bargaining -probation law -illegal possession: PNA -actual/constructive/exclusive possession -illegal sale: IDP -what is material is the proof that the -possession of PD is a necessary element -presentation of a confidential agent, Except: denies and material -in criminal cases involving pd -animus possidendi is only prima facie -the absence of marked money does not -prior surveillance -no surveillance of the area -the law materially requires the AP having -non-compliance by the apprehending team Not fatal; will not render -in seizures covered by search warrants, the physical inventory and photograph must be

-in case warrantless seizures -more than just the fact of possession -the chain of custody requirement ensures -what the DDA punishes is the possession o drug dependent, voluntary submission program, finally discharged, conditions: complied; never been charge or convicted; no record of escape or if escaped he surrendered w/in 1 week; poses no danger PROVISIONS APPLICABLE TO FIRST-TIMER MINOR OFFENDER 1. Suspension of Sen of a ftmo -over 15 at the time of the commission of the offense, but not over 18 at the time when J should have been p after having been found guilty of said offense -not been previously convicted -not been previously committed to a Center -Board favorably recommends 2. Discharge After Compliance with Conditions of Suspended Sentence of a ftmo -complies -favorable recommendation of board -court shall order the discharge and to expunge all official records except cr to retained by DOJ -shall restore the accused to is status prior

to the case -not be held thereafter to be guilty of p/c/m by his failure to a the case or r any fact related thereto in response to any inquiry. 3. Privilege of SS to be a of Only Once by a ftmo 4. Promulgation of S for ftmo -if he violates any of the conditions of his ss or rules of the board, the C shall pronounce J of C and shall serve sentence as any other convicted person. 5. Probation or Community Service for a ftmo on Lieu of Imprisonment

ANTI-MONEY LAUNDERING 9160 -is a crime whereby the proceeds of an -committed by the following: AP,KT-KPF-KD *prosecution of money laundering -a person may be charged with & convicted -proceeding relating to the UA shall be *AMLCs authority to freeze bank account -upon determination that PC exists Freeze order 15days -notice to the depositor -explain 72 -depose 72, if fails to act

-15 day freeze order may be extended -no court shall issue a TRO/WI against the freeze order except -no court shall issue a TRO or WOI *Authority to inquire into bank deposits -notwithstanding the provisions of 1405/ AMLC may inquire/ upon order/probable c *Prohibitions against political harassment -no case for ML during election period ANTI-GRAFT AND CORRUPT PRACTICES ACT 3019 -for purposes of the provisions of 3019, the Sandiganbayan has jurisdiction over PDTMGOCC, with OC/IUCC -once a court determines that the information charging -the order of suspension pendente lite *elements of Sec 3[b] -PROCI *elements of sec 3[e]E -PPCGA mp ebf gin *elements of sec (g) -PEG -manifest means OU EM -gross means FS, such conduct as is not to be excused

 JUVENILE JUSTICE AND WELFARE ACT 9344 -15 or under / at the time of commission/ exempt -above 15 but below 18/ exempt/ unless he in which case, minority may be appreciated as a PMC -below 18 exempt from criminal prosecution for the crime of VP-M-SR

Crimes against National Security TREASON *Elements -fil or resident alien -phils is involve in war with foreign -levy OR adhire AND giving aid and c *Two (2) witness rule CONSPIRACY AND PROPOSAL TO COMMIT TREASON

 MISPRISION OF TREASON *Elements: Fil, knowledge of conspiracy, conceals or does not disclose ASAP to the GFMF ESPIONAGE *Elements: 1.) any person , enters WFNM , intent to obtain CDIP 2.) PO/E, possession, Discloses CDIP ICD -not necessary that info is obtained, suffice -treason- war -espionage- may be committed both in time of peace and in time of war Crimes against Law of Nations INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS peace time *Elements: PO/E, provokes or gofaw *examples: -public destruction of flag or seal of a foreign state -public manifestation of hostility to the head/ambassador -intention of offender is immaterial; the law

considers the effects produced VIOLATION OF NEUTRALITY *ELEMENTS: anyone,phil not involve in war, regulation issued, violates CORRESPONDENCE WITH THE HOSTILE COUNTRY *Elements: AP,phil involve in war, makes c, prohibition, ciphers, useful FLIGHT TO ENEMYS COUNTRY *Elements: Fil or RA, phil involve in war, attempts to flee or go, prohibited by ca PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS OR PHILIPPINE WATERS *ELEMENTS: 1.)stranger, a/s 2.)c/p/m, resistance, raising -mutiny is the unlawful resistance to a QUALIFIED PIRACY *Elements: firing/boarding means Hompir *P.D. 523 Any person, phil waters, AU/SV/TA vif, Theft, qualified theft Crimes against the Fundamental Law of the State

 ARBITRARY DETENTION *Elements: poe,d,wolg -illegal detention -legal grounds for detention CC VI/AA -public officers are policemen and other -agents of the law, the mayor or judges -if committed by other public officers, ID because acting in PC -private individuals who conspired w PO -when is there a detention? -Fear to the extent that they felt compelled to stay -merely quarreling is -AD through imprudence, art 365 par 2 in relation to 124 par 1 -the law does not fix any min period of D DELAY IN THE DELIVERY OF DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITY *Elements: poe, dlg, fd-12,18,36 -does not apply when arrest is by virtue -since he can be detained indefinitely until -should be released when judge is not available. -the illegality of detention is not cured DELAYING RELEASE *Elements: poe, dpjeo, udsn, udppl EXPULSION

*Elements: poe, expels or compels, notABL -onlythe court by final judgment can order VIOLATION OF DOMICILE *Elements: poe, notABJO to enter and/or Search *Is committed: By Entering, By Searching By Refusing to leave *If offender is private individual: TTD *entrance s against the will,express/implied *wo the consent, not committed -if no search warrant, and found opium *no amount of incriminating evidence, whatever its source, will supply the place of search warrant *silence of the owner, may show IW SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED *Elements: 1.) poe, psw, wojc 2.) poe, lpsw, exceeds/uses *search warrant is an order in writing *personal property may be seized: SO-SEOPO-UIM *requisites for issuing SW *validity 10days

*No search of a house, room or any other premises shall be made, EXCEPT: plo, mof, 2w SEARCHING DOMICILE WITHOUT WITNESSES *Elements: poe, aswlp, sdpob, om2w not present *search without warrant under the tariff and customs code does not include a dwelling house PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS *Elements: without violence poe, he performs any of these: By prohibiting OR interrupting wolg-hpm-ds By hindering ap-jala-fas By prohibiting OR hindering apfa-at-apa-carg *If offender is private individual: DOPO INTERRUPTION OF RELIGIOUS WORSHIP *Elements: poe, i/d, religious c/m OFFENDING RELIGIOUS FEELINGS * Elements: anyone, pdw/drc, anoff RMS

Crimes against Public Order TORTURE LAW R.A. 9745 *Elements: -intentionally inflicts severe pain or suffering, whether physical or mental -inflicted either for the purpose of OPID -inflicted by or at the instigation/a of PA/A REBELLION OR INSURRECTION *Elements: -pu, and taag -2purposes-remove, deprive *in furtherance of rebellion *politically motivated *rebellion vs. treason *rebellion vs. subversion HUMAN SECURITY ACT *Elements: -any person who commits PRCMKD -thereby sowing or creating -in order to coerce -straight 40 yrs wo eligibility of parole -prosecution for terrorism shall be a bar to another prosecution under the RPC or any SPL COUP D ETAT

*Elements: -committed singly or simultaneously -offender is a person/s belonging to -committed by means -attack is directed against DMCPO -the purpose of the attack is to S/D -po must take an active part, to be liable; mere silence or omission not punishable in rebellion -acts committed in furtherance of rebellion/ coup d etat are absorbed -political crimes vs. common crimes CONSPIRACY AND PROPOSAL TO COMMIT COUP DETAT, REBELLION OR INSURRECTION *Elements: -There is conspiracy to commit rebellion When two or more persons (agreement + decision) -There is proposal to commit rebellion When the person who has decided

DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES *Elements: -By failing to resist rebellion

-By continuing to discharge -By accepting appointment -presupposes the existence of rebellion by other persons INCITING TO REBELLION OR INSURRECTION Elements: -offender does not take arms against the government or in open hostility against -incite others to the execution -by means of SPWEBO SEDITION *Elements: -offenders rise publicly and -they employ FI,or other means -in order to attain any of the ff objects: *to prevent the promulgation *to prevent the Natl govt, or any *to inflict any act of hate or revenge *to commit, for any political or *to despoil, for any political o REBELLION vs. SEDITION o REBELLION vs. COUP DETAT *common crimes not absorbed, because the enumerated act can be committed wo commiting murder CONSPIRACY TO COMMIT SEDITION *Elements: when two or more persons

come to an agreement concerning the commission of any acts that constitute sedition and decided to commit it. INCITING TO SEDITION *Elements: o when a person without taking any direct part in the crime of sedition o incite others to the accomplishment by means of SPWECBO o uttering seditious words/speeches which tend to disturb the public peace o WPC scurrilous libels against the G or duly CA wc tend to D public peace ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES *Elements: -National Assembly/Congress, Constitutional Commission, its committees or sub-committees, provincial/city/municipal board -force or fraud -prevents its meeting -any person

*if barangay assembly: grave coercion (with violence); prohibition, interruption, dissolution of peaceful meeting 131 (without violence, authority, public officer.) DISTURBANCE OF PROCEEDINGS OF CONGRESS AND SIMILAR BODIES *Elements: -any person -disturbs, behave as to interrupt or impair the respect due it *proceedings in sangguniang barangay, if party to the meeting, UNJUST VEXATION. *if serious disturbance, DISTURBANCE OF PUBLIC ORDER 153 VIOLATION OF PARLIAMENTARY IMMUNITY *Elements: o any person FITF prevent any member from attending, expressing, casting o poe,in regular/special session, arrest or search, except in case such member ILLEGAL ASSEMBLIES o meeting of armed persons, for the purpose of committing any of the crimes punishable under RPC

-MG/G of persons whether F/M -attended by AP -the purpose of the meeting is to o meeting in which audience is incited to the commission of the crime of TRISDA -MG/G of persons -audience whether armed or not, is *presumption if in possession of unlicensed firearm *meeting=gathering/group,fixed/moving *this IA is a felony, hence, persons MERELY PRESENT must have common intent to commit the felony of illegal assembly. absence of such I may exempt the person present from CL,if out of curiousity, not liable. *illegal assembly as regards the leader/ organizer and merely present, inciting to r/s insofar as the one inciting them is concerned ILLEGAL ASSOCIATION *Elements: -FDPM of an association -totally or partially organized for the purpose of committing any crime punishable under RPC, or for some purpose contrary to public morals.

* illegal assembly vs. illegal association Anti-Subversion Act ( R.A. 1700) *KWBOA affiliating oneself with, becoming or remaining a member of the CPP *Conspiring with any other person to OTG *Taking up arms against the G, the offender being a member of CP *there is currently no law which punishes subversion DIRECT ASSAULT First form: -any person who employ F/I -to attain any of the purposes enumerated in the crime of rebellion/sedition -wopu Second form: -the offender AESIR -a PA/his agent -engaged -or by reason of past performance -offender knows -no public uprising *Who is a person in authority/agent? o M-DSS-PPT-TN-PSD-PF-J-MC-BCBC o P-MT-P-RP-S-ANBI-MCA-BCT

*in the first form, the OP may be a PI/PBSC *employing of force should include the determination to defy the law and its representative. *op is agent of PA-force must be serious *op is a PA- force employed need not be serious *intimidation &resistance must be serious *when the PIA/TAs descended to matters which are private in nature, and at that *The character of a PIA/HA is not assumed or laid off at will, but attaches to him until he ceases to be in office. *self-defense in DA, acts in legitimate d *if o and op who are both PIA/A, both contend in the exercise of their respective duties, descend to matters which are private in nature *information must allege knowledge *complex crime of DA w H/M/S/LPI *SPI is absorbed in DA INDIRECT ASSAULT *Elements: -PA/his agent is victim -a person comes to the aid -makes use of F/I upon such pcttaotpa DISOBEDIENCE TO SUMMONS ISSUED BY

CONGRESS,CONS COMM, ITS COM OR SUB *Elements: -refuses without legal excuse to obey summons -refuses to be sworn or placed under affirmation, or to answer any legal inquiry, to produce any books or papers in his possession, restrain another from attending, induce another to disobey RESISTANCE AND SERIOUS DISOBEDIENCE *Elements: -PA/a is engaged in the performance of OD or gives lawful order to the offender -resists or seriously disobeys such PA/A -act not included in 148 149 150 -offender knows *when the attack/employment of force is not deliberate, the crime is R/D SIMPLE DISOBEDIENCE *Elements: -agent engaged in the P of OD or gives a lawful order to the offender -disobeys such apa -disobedience not of a serious nature TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER *Elements:

-any person -causing ser disturbance in a pp,o,e -or interrupting or disturbing pfgpm -or making an outcry tending to incite rebellion/s in any mapp -or displaying p/e which provoke -burying with pomp *deemed tumultuous if caused by more than 3 armed persons or provided with means of violence UNLAWFUL USE OF MEANS OF PUBLICATION OR UNLAWFUL UTTERANCES *Elements: -by publishing or causing to be published by means of PLAO, as news, endanger -by encouraging disobedience to the law -by maliciously publishing/causing tbp any official resolution or document -by printing,p,d bppl which dn b rpn *knowledge that the same is false *possibility of danger to the public order ALARMS AND SCANDALS *Elements: 1. AP, town or public place, shall discharge FRFOE,calculated 2. AP, shall instigate/take active part offensive to another/prejudicial

3. AP,while wandering at night/engaged in any NA, shall disturb the pp 4. AP, while intoxicated or otherwise, shall cause disturbance or scandal, public places *if discharge of firearm aimed at a person, the crime is DOF 254 *the discharge of frfoe in ones garden or yard located in the town is AAS, as long as it produced alarm or danger. *charivari- includes a medley of discordant noises made on kettles,t,h,etc, designed to cause annoy and insult DELIVERING PRISONERS FROM JAIL *Elements: -any person not in custody of -a person confined in j/pe -offender removes therefrom such person/ helps the escape -by means of VIB, penalty is higher *hospital/asylum considered extension of jail or prison *if the offender is in custody, ICP *a person delivering a prisoner from jail may be held liable as accessory. *if the prisoner removed is a detention p, such prisoner is not criminally liable

*if convicted by final judgment, EotSoS 3 KINDS OF EVASION OF SERVICE OF THE SENTENCE: EVASION OF SERVICE OF SENTENCE *Elements: -offender is a convict by FJ -serving sentence which consists DOL -evades the SS by escaping during *not applicable to sentence executed by deportation. *indeed if escape were the purpose of the appellants, they certainly would not have loitered in the premises of the courthouse, especially considering its proximity to the city jail, where they could be easily spotted and apprehended *applicable to destierro *compliance with the penalty of destierro should not be excused upon so flimsy excuse, that is to get her pension check. *the compelling necessity for funds cannot outweigh considerations of respect for a final judgment, and is not one of the cases enumerated in the statute books as basis for exemption from criminal liability. CIRCUMSTANCES QUALIFYING THE OFFENSE *by means of unlawful entry

*by breaking doors,w,g,w,r,f *by using picklocks,fk,d,d,v,i *through connivance EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES *Elements: -offender is a convict by FJ -there is disorder resulting from ceesm -evade the SS by leaving the pi -fails to give himself up 48 hrs, proclamation of CE o increase of 1/5 of remaining time not to exceed 6months o 1/5 deduction of the period of sentence OTHER CASES OF EVASION OF SERVICE OF SENTENCE (violation of conditional pardon) *Elements: -offender was a convict -was granted cp by the CE -violated *the PRESIDENT has the authority to arrest and recommit without trial who, in his judgment, shall fail to comply with the conditions of his pardon/parole. -conditions extends to special laws

 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (quasi-recidivism) *Elements: -offender already convicted by final judgment of one offense. -committed a felony before beginning to serve such sentence or while serving the same -SA, max Crimes against Public Interest COUNTERFEITING THE GREAT SEAL, FORGING THE SIGNATURE OR STAMP OF THE PRESIDENT *must be in relation with the capacity of the president as CE, not in private capacity *blank page signed by the president, used by the secretary, 170/172 USING FORGED SIGNATURE OR COUNTERFEIT STAMP OR SEAL *Elements: -knowingly make use of FS,CSS OCE *offender should not be the forger,

otherwise, CGSPFSSCE MAKING AND IMPORTING AND UTTERING FALSE COINS *Elements: -there be false of counterfeited coins -offender either made, imported or U -in case of uttering such F/CC, he connived with the counterfeiters or importers *former coins withdrawn from circulation may be counterfeited *coin or currency of FC included *false/counterfeited coins- forged or not authorized by the gov as LT MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF MUTILATED COINS o First form -mutilating coins of the legal currency -intent to damage or defraud another o Second form -importation/utterance of MC -there must be connivance with the mutilator or importer incase of U *mutilation means, take off/diminish *coins of foreign country not included *must be LC or current coins of the P SELLING OF FALSE OR MUTILATED COINS

WITHOUT CONNIVANCE o First form -possession -knowledge -with intent to utter o Second form -actually uttering -knowledge *possession/utterance of false coins does not require that the counterfeited coin is legal tender *but if the coin being uttered or possessed w intent to utter is mutilated coins, it must be legal tender *actual, physical, and constructive possession or the subjection of the thing to ones control Forging treasury or bank notes or other

documents payable to bearer; importing, and uttering such false or forged notes and documents.
o Acts committed: -forging/f of t/b notes or other dptb -importation of such f/f o/notes -Uttering of such f/f o/n in connivance with the f/i

*forging is committed, by giving to a t/bn the appearance of a true and genuine doc *falsification, is c by ESC/A by any means, the f,l,w, or signs contained therein *in importation, forged/f in a foreign country *in uttering,-offering,w accepted/not, w a representation, w intent to defraud COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER *Elements: -there be an instrument pto/odocnptb -offender either f, i or u such instrument -in case of uttering, he connived w f/i ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT *Elements: -any t/bn/c/oo and s ptb-pto-nptb is forged or falsified by another person -offender knows that any of those i is -using any of such or possessing with intent to use any of such f/f i *the rule is that if a person had in his possession a falsified doc and he made use of it, taking advantage of it and profiting

thereby, the presumption is that he is the MAOTF HOW FORGERY IS COMMITTED: -by giving to a TBNOIPBO the appearance of a true and genuine document - by erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. FALSIFICATION OF LEGISLATIVE DOCUMENTS *Elements -any person -that there be a bro enacted or approved or pending approval by either HOL or any PB or MC -the offender alters the same -no proper authority -the alteration has change the meaning *bro must be genuine FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESIASTIC MINISTER *Elements: -POENEM taking advantage of official position *has the duty to m/p or intervene in the pod; has the official custody

-shall falsify a document, by: o counterfeiting/i any hwsr o causing it to appear o attributing to persons o making untruthful statements o altering true dates o making any alteration o issuing in an authenticated form o intercalating any instrument -EM, the act of f is committed w respect to any record or doc of such charac that its falsification may affect the CS of persons *document-any WS by which a right is established or an obligation extinguished *the document must be of ALE *must there be a genuine document in f? *by simulating or fabricating a document *it is not necessary that it be a real document, it is enough that it be given the appearance of a genuine document *even if the doc is originally a private document, if it is in official custody/ it forms part of the official record when it is f by poe REQUISITES: 1. counterfeiting v. feigning -intent to imitate or attempt to imitate -the genuine and forged bear resemblance

*counterfeiting- there is an original s/hw which is imitated, imitation is necessary, but it need not be perfect *imitating/feigning- no original signature, hw or rubric, but a forgery of a s, hw or rubric that does not exist. -making it appear that a person who does not know how to write has signed the document 2.-cause to appear -did not in fact so *impersonating the owner of a piece of land as vendor in the forged dos would constitute an act of f *placing by the accused of his thumbmark in the lov opposite the name of elector who have not actually voted 3.-person/s participated in an act/p -made an statement in an act/p -attributed to such person statement other than those in fact *by perverting the truth in 4.-makes in a doc statements in a nof -legal obli to disclose the truth of the fn -facts narrated are AF -the perversion of truth in the nf was made with the wrongful intent of injuring a tp

*had she stated that she was born on, she would undoubtedly have been guilty of f, because the date of her birth was a matter of fact. But when she declared that she was eligible, she merely expressed her belief that the 23 yr requirement could be adequately met if she reached 23 yrs upon assuming councillorship. She made a mistake of judgment; but she could not be held thereby to have intentionally made a false statement of fact in violation of 171 *LO- means there is a law requiring the disclosure of the truth of the facts narrated *person making the narration of facts must be aware of the falsity of the facts nbh *if the statements are not altogether false, there being some colorable truth in such statements, the crime of falsification is not deemed to have been committed. *no f if correction was made to speak the truth *LO to DTT, is inherent in residence certificate. Principal by induction *wrongful intent not essential when the document falsified is public document *there is no falsification by one who acted

in good faith *falsification by omission 5.-date mentioned in the doc is essential -must affect the veracity/effects thereof *BMD-essential dates *altering dates to prevent the discovery of malversation is falsification, even if the alteration of a date does not affect the integrity of the document 6.-there be A/I -made on a GD -change the meaning of the D -change made speak something false *Alteration which speaks the truth is not F *D did not commit any crime n changing his age. He simply made the cedula speak the truth. It was correction, not F. *altering the grades n examination papers involves several acts of falsification 7.*committed only by a PO/NP who takes advantage of his OP, since the authentication of a D can be made only by the custodian or the one who prepared and retained a copy of the OD. *liability of PI who conspires with a PO in FoaPD is guilty of this crime and incurs the same liability and penalty as the PO

*intent to gain or prejudice or cause damage to a third person not necessary, because it is the interest of the community which is intended to be guaranteed by the strictest faithfulness of the officials charged with the p and p of the acts in wc they intervene. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS o 1-offender is a PI or PO/E who did not take advantage of his official position -committed any acts of F enumerated -the F was committed in a p/o/c doc *PuD-a doc cei by a po in response to the exigencies of the public service,or in the execution of w/c a po intervened -any instrument notarized by a NP or a competent po, with the solemnities required by law *OD-a doc which is issued by a po in the exercise of the functions of his office. An official doc is also a pd. It falls w/in the larger class called pd -when presented, it became part of the records of that office and is fully invested with the character of an official or public document

*PiD-a deed or instrument executed by a pp w/o the intervention of a notary public or other person legally authorized, by w/c doc some disposition or agreement is proved, or evidence set forth *COD-doc defined and regulated by the COC or any other CL -are documents or instruments used by merchants or businessmen to promote or facilitate trade. -cash disbursement vouchers are not commercial document the ff writings are public: -written/records of official acts -doc acknowledged b4 a NP except -public records kept -all other writings are private *a private doc may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law *damage or intent to cause damage not necessary, what is punished is the violation of the public faith and

the destruction of the truth,a credit is sought to be protected. *lack of malice or criminal intent is a defense in fopud o 2-offender committed any of the acts of falsification except par 7 -f was committed in a private doc -f caused damage to a third party or at least the f was committed with intent to cause such damage *mere f of a pridoc is not enough, must have counterfeited the false doc, and performed an independent act which operates to the prejudice of a third person. *it is not necessary that the O profited or hoped to profit by the falsification, as all that the law requires is an intent to prejudice another person. *the intent to cause damage must have co-existed with the act of falsification itself. *falsification of poc document as a necessary means to commit estafa, theft or malversation -before the FD is actually utilized to defraud another, the
crime of falsification has already been consummated,

damage or intent to cause damage not being an element of the crime of fopocd -the crime of falsification has already existed. -actually utilizing that falsified poc document to defraud another is estafa. -but the damage to another is caused by the commission of estafa, not by the falsification of the document. Therefore, the falsification of poc doc is only a necessary means to commit estafa -The intent to defraud in using the falsified private document is part and parcel of the crime, and cannot give rise to the crime of estafa, because the damage, if it resulted, was caused by, and became the element of, the crime of falsification of private document. The crime of estafa in such case was not committed, as it could not exist without its own element of damage.

*theft through falsification of OD -through the falsified purchase order and a pass, the offenders were able to obtain goods which they loaded on the truck. -the acts of falsification consisted in -the falsification of the purchase order, an official document, was a necessary means to commit the crime of theft. *estafa through falsification of commercial document by reckless imprudence -the accused did not take proper and adequate means to assure himself of the identity of the real claimants as an ordinary prudent man would do. He acted without malice and there being no evidence that he shared in the proceeds of the check.

*malversation through falsification of public document *there is no complex crime of estafa through falsification of a private document, because the immediate effect of falsification of private doc is the same as that of estafa. *if a private doc is falsified to obtain from the offended party the money or other personal property which the offender later misappropriated, the crime committed is falsification of private document only. *if a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender, the crime committed is estafa with abuse of confidence. *falsification through reckless imprudence *no falsification of private document through reckless imprudence -since in falsification of a private document, there is at least intent to cause damage, that is, there must be malice, and falsification through imprudence implies lack of such intent or malice, there is no such crime as fofoapdtn/ri *generally, falsification has no attempted or

frustrated stage, F is consummated the moment the genuine document is altered or the moment the false document is executed. It is immaterial that the offender did not achieve his objectives. There may be frustrated crime of falsification, if the falsification is imperfect. o 3. Use of falsified document -O knew that a doc was falsified by another -the false doc is embraced in 171 or in any subdivisions no.1 or 2 of Art 172 -he introduced said document in evidence in any judicial proceeding. Use in any other transaction -O knew that a document was falsified by another person -the false document is embraced in art 171 or in any of subdivision no 1or 2 of art 171 -he used such document -such caused damage to another or at least it was used with intent to cause such damage *damage is not necessary in the crime of *the user of the falsified document is deemed the author of the falsification, if the use was so closely connected in time with

the falsification, and the user had the capacity of falsifying the document. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages o Uttering fictitious w, t or telephone msgs -O is an o/ee of the G or an o/ee of a pc, engaged in the service of sending or receiving wireless, cable or telephone messages -that the offender commits any of the following acts: uttering f w, c, t or telephone msg; or falsifying w, c, t or telephone msg o Use of said falsified massages -accused knew that the w, c, t or telephone message was falsified by any of the persons specified -accused used such falsified dispatch -resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice False medical certificates, false certificates of merit or service, etc. o False Medical Certificate by a Physician -a P/S who, in connection with the

practice of his profession, issued a false certificate o False Certificate of Merit or Service by a Public Officer -PO who issued a false COMOS, GCOSC o False Medical Certificate by a PI or False Certificate of Merit or Service by a PI -a PI who falsified a certificate falling in the classes mentioned Using false certificates -that a P/S had issued a FMC, or a PO had issued a FCOM/SGC or a PP had falsified any of said certificates -offender knew that the cert was false -used the same Making, importing and possession of instruments or implements for falsification o Making or introducing into the Phils any stamps, dies, marks, or other instruments or implements for counterfeiting or falsification o Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines *the implements confiscated need not form a complete set, it being enough

that they be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification. *Art 165 and 176, RPC, also punish constructive possession Usurpation of authority or official functions Any person-Two ways of committing: o Usurpation of authority -By knowingly and falsely representing oneself to be an officer, agent or rep of any dept or agency of the Phil Gov or any foreign government *the mere act of knowingly and falsely representing oneself to be an officer is sufficient. *not necessary that he performs an act pertaining to a public officer o Usurpation of official functions -By performing any act pertaining to any pia or po of the Phil gov or of a foreign gov or any agency thereof, under pretense of official position, and without being lawfully entitled to do so *there must be positive, express and explicit representation represented himself to be an

 should have performed an act pertaining *false representation may be shown by acts *may be violated by a public officer *does not apply to occupant under color of title Using fictitious name and concealing true name o Using fictitious name -uses name other than his real name -uses that fictitious name publicly -to conceal, evade, cause damage to pui *FN-any other name which a person publicly applies to himself without authority of law is a fn *must be causing damage to public interest, if it is damage to private interest, the crime will be EbmoFP *Where a person takes the place of another who has been convicted by final judgment, he is guilty of UaFN punishable under art178, and not of evasion of the service of the sentence, because the real convict alone is guilty thereof. -delivering prisoners from jail -evasion of service of sentence -using fictitious name to evade the EOJ -using fn to conceal the c of DaPFJ

o Concealing true name -O conceals his true name and all OPC -purpose is only to conceal his identity *distinction bet UOFN and CTN Anti-Alias Law *any person desiring to use an alias shall apply for judicial authority for the use of alias. *more than mere communicating to a third person, must be made openly, or in an open manner or place, or to cause it to become generally known. *Estradas representations to the people were made in privacy and in secrecy with no iota of intention of publicity Illegal use of uniforms or insignia -O makes use of insignia, uniform of dress -IUUD pertains to an office not held by O or to a class of persons of which he is not a member -said IUUD is used publicly or improperly *wearing the uniform of an imaginary office, not punis hable *an exact imitation of a uniform or dress is unnecessary. A colorable resemblance calculated to deceive the common run of people, not those thoroughly familiar

with every detail or accessory thereof, is sufficient. *a layman who wears publicly the ecclesiastical habit of a Catholic priest is liable under 179 RA 75- unauthorized wearing of any naval, military, police or other official uniform, decoration or regalia of a foreign State, or one nearly resembling the same, with intent to deceive or misled. RA 493- wearing insignia, badge or emblem of rank of the members of AFP *illegal manufacture, sale, distribution and use of PNP uniforms, insignias and other accoutrements are punished by EO 297 3 Forms of False Testimony FTICC - FTICC - FTIOC *false testimony- under oath, required to testify as to the truth, at a hearing before a competent authority, deny the truth or say something contrary to it. False testimony against the defendant -there be a criminal proceeding -offender testifies falsely under oath against the defendant

-offender knows that it is false -defendant against whom the ft is given is either acquitted or convicted bfj *defendant must be sentenced at least to a correctional penalty, or a fine, or must be acquitted *the witness who gave ft is liable even if his testimony was not considered by the court False testimony favorable to the defendant -give ft in favor of the d in criminal case -in the prosecution for a felony punishable by an afflictive penalty/ any other case *FTFTD is equally repugnant to the OAOJ *FT is punished not because of the effect it actually produces, but because of its tendency to favor or to prejudice the defendant. *FT by negative statement is in favor of defendant *need not directly influence the decision of acquittal, it being sufficient that it was given with the intent to favor the accused *FTFTD need not benefit the defendant *conviction or acquittal in the principal case, not necessary, it is sufficient that d is

prosecuted for a felony punishable by AP or by OC *acted with malice or with CI to testify falsely False testimony in civil cases -testimony must be given in a civil case -must relate to the issues presented in said case -must be false -must be given by the defendant knowing the same to be false -must be malicious & given with an intent to affect the issues in said case *182 not applicable when the false testimony is given in special proceedings, as the same may fall under the category of other cases contemplated in 183. False testimony in other cases and perjury in solemn affirmation 2 ways of committing perjury: falsely testifying under oath making a false affidavit *Elements: -made a statement UO or executed an AUaMM -made before a competent officer, authorized to R and AO -made a willful and deliberate AoaF

-the SS/A containing the falsity is RBL *OATH- any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. *AFFIDAVIT- is a sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer. *MM-is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies. *material- when it is directed to prove a fact in issue. *relevant- when it tends in any reasonable degree to establish the probability or improbability of a fact in issue. *pertinent- when it concerns collateral matters which make more or less probable the proposition at issue. *the assertion of falsehood must be willful and deliberate, no perjury through negligence or imprudence. *good faith and lack of malice is a defense

*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. *SUBORNATION OF PERJURY- is committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances. *principal by inducement *principal by direct participation Offering false testimony in evidence -offered in evidence a fw/ft -he knew the witness/the t was false -made in j/o proceeding *attempted offering false testimony in evidence liability of a person who presented a false witness who did not testify on any mm because the latter desisted from testifying. *desistance during the attempted stage of execution is an absolutory cause which exempts him from criminal liability. *184 contemplates of a case where a person, without inducing another, but knowing him to be a false witness, presented him, and the latter testified falsely in a j/op. *if there is an inducement, art 180, 181, 182, 183 in relation to art 7, par 2, will apply.

Machinations, Monopolies and Combinations Machinations in public auctions o Soliciting gift or promise -there be public auction -A solicited any gift or a promise from any bidders -in consideration for his refraining from taking part in that public auction -intent to cause the reduction of the price of the thing auctioned *consummated by mere solicitation, not required that the person making the proposal actually refrains from taking part in any pa. o Attempting to cause bidders to stay away -public auction -attempted to cause the bidders to stay away from that pa -done by threats, gifts, promises or any other artifice -intent to cause the reduction of the price of the thing auctioned *mere attempt consummates the crime Monopolies and combinations in restraint of trade o Combination to prevent free

competition in the market -by entering into any contract of agree -or taking part in any conspiracy or combination in the form of trust/o -in restraint of t/c -or to prevent by artificial means free competition in the market o Monopoly to restrain free competition in the market -by monopolizing any merchandize or object of trade or commerce -or by combining w any other person/s to monopolize said mer or object in order to alter the prices thereof -by spreading false rumors/making use of any other A to restrain FC in the M. o MP/P/I c, c /a with any person to make transactions prejudicial to LC or to increase the MPM -person liable are MPPI -crime committed by CC/A w any person -purpose: to make transactions prejudicial to lawful commerce to increase the market price of any merchandise or object of commerce MPPA/I into the Philippines

*mere conspiracy or combination is punished *PD/M are liable only when they: knowingly permitted, or failed to prevent the commission of such offenses o Illegal price manipulation *Hoarding -undue accumulation by a person/comb of persons of any BC beyond his or their normal inventory levels. -unreasonable limitation or refusal to dispose of, sell or distribute the stocks of any BN or PC to the GP -unjustified taking out of any BN or PC from the channels of reproduction, trade or commerce *Profiteering -sale or offering for sale of any BN or PC at a price grossly in excess of its worth *Cartel -any comb of/agreement bet 2 or more persons engaged in the pmpssdmsd of any bn/pc designed to artificially and unreasonably increase/manipulate its price. Frauds in Commerce and Industry

 Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys Articles/merchandise involved:GSOT *Elements: -the offender IS/D of any of those a/m -the sb/m of those a/m fail to indicate the actual f/q of said metals or alloy -the offender knows that the sb/m fail to indicate the actual f/q of the metals/alloys *does not apply to manufacturer of misbranded articles made of gold, silver, etc. instead, liable for estafa 315.2.b Art. 188, 189-repealed by IPCOP R.A.8293 Acts punished: *Infringement of trademark/tradename *Unfair Competition *False designation of origin and false description or representation INFRINGEMENT: Who is liable? -without the consent of the owner of the rm *use in commerce any rcc or colorable imitation of a registered mark or the same container or a dominant feature thereof in

connection with the sale, ofs, d,a of any g/s including other preparatory steps necessary to carry out the sale of any g/s on or in connection with such use is likely to cause confusion or to cause mistake, or to deceive *RCC/CI a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, c/ci to LSPPWR/A intended to be used in commerce upon or in connection with the S,OFS,D/A of goods or services or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. MARK -any v s capable of dtg(tm) or s (service mark) of an enterprise and shall include s/mc TRADENAME means the name or designation identifying or distinguishing an enterprise. tradename vs. trademark -tn is a name used in the trade to designate a particular business of certain individuals considered as entity; whereas tm is used to indicate the origin or ownership of the goods to which it is affixed. OFFICE / FUNCTION OF TM -is not to name/ describe the quality of goods. It is to indicate the o/o of the goods to which it is fixed. It is to distinguish the goods of one person

from those of another, and to prevent one person from passing off his goods/b as the g/b of another. -to point out distinctly the o/o and to prevent fraud and imposition. ELEMENTS 1. validity of plaintiffs mark 2. plaintiffs o of the m 3. use of the mark or its ci by the alleged infringer results in loc -gravamen of TI ? 1. validity -trade mark must not be merely d/g *generic terms: -constitute the common descriptive name of -comprise the genus of wc the pp is a species -commonly used as the n/d of a kind of goods -imply reference to every member of a genus and the exclusion of individuating characters *marks that consist exclusively of signs or any indication that may serve in trade to designate the k,q,q,ip,v,go,t/p of the goods or rendering of the services or other characterristics of the g/s, are NOT REGISTRABLE. *Descriptive as understood in its normal and natural sense, it forthwith conveys the c,f,q/i of a product to one who has never seen it and does not know what it is, or it forthwith conveys an

immediate idea of the i,q,/c of the goods, or if it clearly denotes what goods or services are provided in such a way that the consumer does not have to exercise powers of p/i. *is merely descriptive and it would be unjust to deprive other dealers of the right to use the same words with reference to their merchandise. *mere geographical names are ordinarily regarded as common property, and it is a GR that same cannot be appropriated as the subject of an exclusive tm/tn. *tradename which loses its distinctiveness or has become publici juris. 2. Ownership -tm/tn must be registered -a COR shall be prima facie evidence of the validity of registration, the r o of the m, and the rs exclusive right to use the same in connection with the g/s and those that are related thereto. 3.Use/CI results in loc -tm used need not be identical w the i tm. A colorable imitation is sufficient. -ci denotes such a resemblance to the original as to deceive an ordinary purchaser giving such attention as a purchaser usually gives, as to cause him to purchase the one supposing it to be the other.

TEST IN DETERMINING CONFUSING SIMILARITY *Dominancy Test -focuses on the similarity of the prevalent features of the competing tms wc might cause confusion or deception, and thus infringement. -if the tm contains the main, essential or dominant features of another, and confusion or deception is likely to result, i takes place *Holistic Test -requires the entirety of the marks in question be considered in resolving confusing similarity. Comparison of words is not the only determining factor. -the deceiving eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other. *SC relied on the dt rather than ht *dt considers the dominant features in the competing marks in determining whether they are confusingly similar. *courts give greater weight to the similarity of appearance of the p arising from the a of the df of the rm, disregarding minor differences.

*similarity in s,f,c,while relevant,is not conclusive *while there are similarities in the two marks, there are also differences which are glaring and striking to the eye. TYPES OF CONFUSION arising from the use of similar or colorable imitation marks; Confusion of goods -the ordinarily prudent purchaser would be induced to purchase one product in the belief that he was purchasing the other. Confusion of business -one product might reasonably be assumed to originate from the other source, and the public would then be deceived either into that belief or into the belief that there is some connection, which in fact, does not exist. DISTINCTIONS between COG and COB -there is cog when the products are competing. Confusion of business exists when the products are non-competing but related enough to produce confusion of affiliation. CONCEPT of related goods -when goods are so related that the public may be, or is actually, deceived and misled that they come from the same maker or

manufacturer, trademark infringement occurs. *non-competing, it can reasonably be assumed that they originate from one manufacturer, use of similar marks. * No TI if the public does not expect the plaintiff to make/sell the same class of goods as those made or sold by the defendant. UNFAIR COMPETITION Who are liable? *any person who sells his goods and gives them the GA of goods of another which would likely to influence other purchasers to believe that the goods offered are those of the other, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his LT. *any person who by artifice, or d, who e any other means calculated to induce the FB that such person is offering the services of another who has identified such services in the mind of the public. *AP who shall make any false statement in the course of trade or who shall commit any other act contrary to GF of a nature calculated to discredit the g,b/s of another. Unfair competition, defined:

-consists in employing deception/ aomctgf -by which he shall pass off the goods manufactured by him for those of the one having established GW, or shall commit any acts calculated to produce said result. Elements of UC: Confusing similarity in the GA of the goods Intent to deceive the public and defraud a c *intent to deceive or to defraud may be inferred from the similarity in the appearance of the goods manufactured or sold by the O and the complainants. TRUE TEST OF UC *whether certain goods have been clothed with the appearance which is likely to deceive the ordinary purchaser exrcisng ordinary care, and not w a certain limited class of purchasers could avoid mistake by the exercise of this s k. TI vs. UC -uc is broader and more inclusive; ti is of limited range. -in ti,the op has identified a peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark; in uc, the op has identified in the mind of the public the goods he manufactures or deals in from those of others.

-in ti, o uses the tm/tn of another manufacturer or dealer and sells his goods on which the tm is affixed; whereas, in uc, the o gives his goods the GA of the goods of another manufacturer or dealer and sells the same. o ti-unauthorized use of a tm, uc- passing off of ones goods as those of another. o ti-fraudulent intent in unnecessary,uc-essential o ti-prior registration of a tm is a prerequisite to the action, un-registration is not necessary *TI constitutes UC when there is not merely likelihood of confusion, but also actual or probable deception on the public because of the general appearance of the goods. *There can be TI wo UC as when the infringer discloses on the labels the mark that he manufactures the goods, thus preventing the public from being deceived that the goods originate from the tm owner. FALSE DESIGNATION OF ORIGIN / FALSE DESCRIPTION OR REPRESENTATION -who is liable? *any person who in connection with any goods or services, is likely to cause confusion, or to cause mistake, or to deceive as to the a, c or a; or in commercial advertising or promotion,misrepresents the

n, c, q, or go of his or her or another persons g,s or ca o The accused affixed in the labels of the bottle of the food seasoning a false designation of origin that the said food seasoning was packed by __, when in truth it was packed in the Phils, there is such false representation. o Use of duly stamped or marked bottles, boxes casks, kegs, barrels and other similar containers, without written consent. *wantonly destroy, use for any other purpose than that registered by the manufacturer, bottler or seller. SMUGGLING OR ILLEGAL IMPORTATION *merchandise must have been fraudulently or knowingly imported contrary to law *if the d is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the t,c or sale of the merchandise. *d must be shown to have knowledge that the merchandise had been illegally imported o Found in possession of the d, without satisfactory explanation, such possession is sufficient evidence that he has knowledge of the fact of illegal importation and that, not

being the importer himself, he has received, concealed, bought, sold or facilitated the t,c or s of such iim. Crimes against Public Morals Gambling P.D. 1602 -ap who, in any manner, shall d/i take part in any illegal or unauthorized activities or games -ap who shall knowingly permit any form of gambling referred to, to be carried on in and inhabited or uninhabited place or any b,v or other means of transportation owned or controlled by him -m,c or b is a government official -ap knowingly and without lawful purpose in any hour of any day, possesses any lottery list, paper or other matter containing i,f,s/s pertaining to or in any manner used in the games of j,j,hrb and similar games of lotteries and numbers which have taken place or about to take place -BO who, with knowledge of the existence of a gambling house or place in his

jurisdiction FTA the same or take action in connection therewith -SO,SG,WM,P/HDOh,v,b,e and the like which have the reputation of a gambling place or where gambling activities are being held *playing for money is not necessary, when the law names the games, punishing any person who take part therein, its purpose is to prohibit absolutely those games *the law makes a game or scheme punishable even if the winning depends upon skill, when wagers consisting of money,articles or value or representative of value are at stake or made *spectators are not liable in gambling. A mere bystander or spectator in a gambling game is not criminally liable, because he does not take part therein, directly or indirectly. *elements of lottery: c-c-p *no lottery where there is full value of money, the player obtains full value for his money; the winning of the watch- a mere accident *