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Criminal Law 2 > Crimes against Public Interest > Flashcards

Crimes against Public Interest Flashcards

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1
Q

When in a government document, the signature of the president is forged… what is the crime?

A

Not falsification, but forging the signature of the Chief Executive

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2
Q

When Chief Executive left his secretary a signature in blank, and a document is written above it, what crime is committed?

A

Falsification by a public official or private individual, NOT forging signature of Chief Executive

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3
Q

Coin

A

piece of metal stamped with certain marks and made current at a certain value

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4
Q

False or Counterfeited coin

A

if it is FORGED or if it is NOT AUTHORIZED by the Govt AS LEGAL TENDER, regardless of its intrinsic value

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5
Q

Counterfeiting

A

IMITATION of a legal or GENUINE coin; may contain more silver than ordinary coin

imitation of the PECULIAR DESIGN of a GENUINE COIN

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6
Q

Import

A

to bring them into port; importation is complete BEFORE entry at Customs House

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7
Q

To utter

A

to PASS counterfeited coins; includes their DELIVERY or ACT OF GIVING THEM AWAY

DAMAGE to another is NOT NECESSARY

there must be NO CONSIDERATION

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8
Q

A coin is uttered

A

when it is paid, when the offender is caught counting the counterfeited coins preparatory to the act of delivering them, even though utterer may not obtain the gain he intended

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9
Q

Kinds of coins the counterfeiting of which is punished

A

1) silver coin of PH or coin of BSP (10 centavo above)
2) coin of minor coinage of PH or BSP (below 10 centavo)
3) coin of the currency of a foreign country (not only legal tender but also OUT OF CIRCULATION)

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10
Q

Mutilation

A

to take off part of the metal either by filing it or substituting it for another metal of inferior quality

to DIMINISH by ingenuous means the METAL IN THE COIN (diminishes intrinsic value_

takes advantage of the metal abstracted

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11
Q

Possession of or uttering false coin does not require that the counterfeited coin is legal tender, but if coin being uttered or possess with intent to utter is MUTILATED coin,

A

it must be legal tender coin;

possession = including constructive

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12
Q

obligation or security

A

BCNC
TFC
BCDO

1) bonds
2) certificate of indebtedness
3) national bank notes – money bills issued by BSP
4) coupons
5) PH notes
6) treasury notes
7) fractional notes
8) certificates of deposit
9) bills
10) checks
11) drafts for money
12) other representatives of value of whatever denomination which may/have been issued under any act of Congress

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13
Q

Forging

A

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

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14
Q

Falsification

A

committed by erasing, substituting, counterfeiting or altering by any means, the figures, letters, words, signs contained

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15
Q

Forging v Falsificaion

A

Forge = to make it appear that a false instrument by is genuine by giving it appearance of a genuine one

Falsify = erasing, altering

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16
Q

Importation of false or forged obligations or notes

A

obligations or notes are forged/falsified in FOREIGN country and brought to PH

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17
Q

Uttering false/forged O/N

A

OFFERING O/N knowing them to be false, whether such offer is ACCEPTED OR NOT, with a representation, by words or actions, that they are genuine and with an intent to defraud

**if uttering, MUST BE IN CONNIVANCE

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18
Q

Notes that may be falsified under Forging notes

A

1) treasury or bank notes
2) certificates
3) other obligations and securities, payable to BEARER

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19
Q

Payable to bearer

A

ownership is transferred to another by mere delivery to him of such bill

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20
Q

When is an instrument payable to bearer?

A

EBFDI

1) expressed to be so payable
2) payable to a person named there or bearer
3) payable to order of a FICTITIOUS or NON-EXISTING PERSON and such fact was known to person making it so payable
4) name of the payee DOES NOT PURPORT to be NAME OF ANY PERSON
5) when the ONLY or LAST INDORSEMENT is an INDORSEMENT IN BLANK

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21
Q

Why higher penalty for forging notes than coins?

A

Because easier to forge and produces lack of confidence on holders of document

22
Q

PNB checks are COMMERCIAL documents, not covered by forging treasury or bank notes

A

PNB checks are COMMERCIAL documents, not covered by forging treasury or bank notes

23
Q

Payable to order

A

where it is drawn payable to the order of a specified person or to him or his order;

negotiated by indorsement and delivery

24
Q

Presumption for person in possession of falsified document and who makes use of same

A

Presumed to be the MATERIAL AUTHOR of falsification, especially if SO CLOSELY CONNECTED IN TIME WITH THE FORGERY, or he has CAPACITY or have CLOSE CONNECTION with forgers

25
Q

No impossible crime of illegal possession of false treasury notes because…

A

impossible crimes should be an offense against PERSONS or PROPERTY

Forging or falsification of treasury notes is NEITHER an offense against persons nor property

26
Q

How is forgery committed?

A

1) by giving to a treasury or bank note or any instrument payable to bearer or to order the APPEARANCE OF A TRUE AND GENUINE DOCUMENT (forging)
2) by ERASING, substituting, counterfeiting, altering by any means the figures, letters, words or sign contained (falsification)

27
Q

Document

A

**written statement where a RIGHT is established or an OBLIGATION extinguished;

where a FACT may be PROVEN; of apparent LEGAL EFFICACY

note: drafts, pamphlets are not included

28
Q

Feigning

A

there is NO ORIGINAL SIGNATURE; to IMAGINE

ex: signature of mickey mouse, person who does not know how to write

29
Q

legal obligation

A

there is a law requiring the disclosure of truth of facts narrated

30
Q

legal obligation to disclose truth is inherent in?

A

residence certificate

31
Q

one’s consent to a contract was obtained by means of violence…

A

does not make the facts narrated therein false

32
Q

is there falsification by omission?

A

yessss!

33
Q

in falsification by public officer

A

intent to gain is NOT NECESSARY, for it is the OFFICIAL CHARACTER which is mainly taken into consideration

34
Q

Public document

A

document created, executed or issued by a PUBLIC OFFICIAL in response to the EXIGENCIES OF PUBLIC SERVICE

instrument authorized by a NOTARY PUBLIC or COMPETENT public official with the SOLEMNITIES required by law

examples: all pleadings filed with the court are public / official documents

35
Q

Official document

A

document which is ISSUED BY A PUBLIC OFFICIAL in the EXERCISE of the FUNCTIONS of his office

examples: form where record and information of its officers are kept, receipt issued by government upon receipt of money for public purposes

36
Q

Private document

A

instrument executed by a private person WITHOUT THE INTERVENTION OF A NOTARY PUBLIC or other person legally authorized by which some AGREEMENT IS PROVED

example: theater ticket, CASH DISBURSEMENT VOUCHER or receipts evidencing payment to borrowers of loan

37
Q

Commercial document

A

any document defined and regulated by the Code of Commerce or any other commercial law

instruments used by merchants or businessmen to promote or facilitate trade

CASH DISBURSEMENT VOUCHERS ARE NOT COMMERCIAL DOCUMENTS!!!!! (or receipts evidencing payment to borrowers of loan are NOT NEGOTIABLE instruments and are PRIVATE DOCUMENTS only

examples: letters of exchange, letters of credit, checks, in general, ANY NEGOTIABLE INSTRUMENT, warehouse receipts, bank statements, deposit slips, journal books, ledgers

38
Q

General Rule: Possessor of falsified document is presumed to be author of falsification

A

Exception: it was his official duty

39
Q

example of falsification of private document with no damage or intent to cause damage

A

just wanted to prove I can copy your handwriting

40
Q

Falsification as a necessary means to commit other crimes (complex crime proper)

what type of complex crime???

A

must be a PUBLIC, OFFICIAL or COMMERCIAL document, because damage caused by estafa became element of crime of falsification of private document; the immediate effect of falsification of private document is the same as that of estafa

41
Q

In credit card and cash advance, is falsification a necessary means to commit other crimes?

A

CREDIT CARD
necessary

CASH ADVANCE
not necessary, crime committed is estafa AND falsification

42
Q

if the private document is falsified to conceal the estafa (or estafa was already consummated at the time of falsification)…

A

falsification is NOT PUNISHABLE because as regards the falsification of private document, there was no damage as the limited damage resulted from the commission of ESTAFA, not the falsification

43
Q

falsification through reckless imprudence — when applicable?

A

applicable only to PUBLIC/COMMERCIAL/OFFICIAL

not applicable to PRIVATE because there was not intent to cause damage / damage

44
Q

When is a private document considered public document?

A

when it is intended by law to be part of public or official record, preparation of which was in accordance with rules and regulations of govt

test: WHAT IS THE ULTIMATE USE

45
Q

generally, falsification has NO ATTEMPTED / FRUSTRATED stage

A

there can be if falsification is imperfect

46
Q

user of falsified document is deemed the author if:

A

1) use was SO CLOSELY CONNECTED in time with falsification

2) user had the CAPACITY OF FALSIFYING the document

47
Q

certificate

A

any writing by which testimony is given that a fact has or has not taken place

48
Q

false testimony

A

any person who, being under oath and required to testify as to truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it

49
Q

3 types of false testimony

A

1) in criminal cases
2) in civil cases
3) in other cases (upon material matters)

50
Q

material v relevant v pertinent

A 
Material = to prove a fact
Relevant = establish probability or improbability
Pertinent = concerns collateral matters which make more or less probable the proposition  at issue
51
Q

oath

A

attestation by which person signifies that he is bound by conscience to perform an act faithfully and truthfully

52
Q

affidavit

A

sworn statement in writing

Criminal Law 2 (5 decks)

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