Crimes Against Public Interest

Question 1

What acts are punishable under Art. 163.”Making and importing and uttering false coins”?

Answer 1

1. Making false coins.
2. Importing false coins.
3. Uttering false coins in connivance with counterfeiters or impostors.

Question 2

What acts are punishable under Art. 163.”Mutilation of coins — Importation and utterance of mutilated coins” and what does “Mutilation” here mean?

Answer 2

1. Mutilating coins of legal currency of the Philippines.
2. Importing mutilated current coins in connivance with the mutilator or importer.
3. Uttering mutilated current coins in connivance with the mutilator or importer.

“Mutilation” means taking off or abstracting the metal in the coin either by filling out or substituting that for another metal of inferior quality.

Question 3

What acts are punishable under Art. 165. “Selling of false or mutilated coin, without connivance”?

Answer 3

1. Possession of false or mutilated coin with intent to utter, knowing that the coin is false or mutilated.
2. Actually uttering a false or mutilated coin, knowing that the coin is false or mutilated.

Question 4

What is the difference between Forgery and Falsification?

Answer 4

1. Forgery - is the act of giving to a treasury or bank note or any instrument payable to bearer or order the appearance of a true and genuine document.
2. Falsification - is the act of erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

Question 5

What may be the subject of forgery or falsification under Art. 166?

Answer 5

1. Treasury notes.
2. Bank notes.
3. Certificates or other obligations and securities payable to bearer.

Question 6

What are the ways Art. 169 “How forgery is committed” is committed?

Answer 6

1. By giving to a treasury or bank note or any instrument payable to bearer or to 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.

Question 7

What are the documents covered under Art. 170 “Falsification of Legislative Documents”?

Answer 7

1. Bill.
2. Resolution.
3. Ordinance enacted, approved or pending approval by either house of Congress, provincial board or municipal council.

Question 8

What are the documents which may be the subject of Art. 172 “Falsification by private individuals and use of falsified documents”?

Answer 8

1. Public document - is a document created, executed or issued by a public official in response to the exigencies of the public service.
2. Official document - is one which is issued by a public official in the exercise of the functions of his office.
3. Letter of exchange -
4. Any other kind of commercial document - is any document defined and regulated by the Code of Commerce or any other commercial law.
5. Private document - is 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 disposition or agreement is proved, evidenced or set forth.

Question 9

Who may commit Art. 174. “False medical certificates, flase certficates of merit or service, etc.”?

Answer 9

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 or service, good conduct or similar circumstances.
3. A private individual who shall falsify a certificate mentioned in paragraphs 1 and 2.

Question 10

What are the two acts punishable under Art. 177 “Usurpation of authority or official functions”?

Answer 10

1. Who knowingly and falsely represents himself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government.
2. Who, under the pretense of official position, performs 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.

Question 11

What are the acts punishable under Art. 178 “Using fictitious name and concealing true name”?

Answer 11

1. Publicly using a fictitious name for the purpose of concealing a crime, evading the execution of a judgement or causing damage.
2. Concealing true name and other personal circumstances.

Question 12

How is Art. 179 “Illegal use of uniforms or insignia” violated?

Answer 12

When there is the public and improper use of insignia, uniform or dress pertaining to an office neither held by the accused nor to the class of persons of which the accused is not a member.

Question 13

What are the THREE forms of TESTIMONIES?

Answer 13

False testimony in a:
1. Criminal Case.

2. Civil Case.
3. Other Cases.

Question 14

What are the TWO type of False Testimonies in a Criminal Case?

Answer 14

1. Art. 180. “False testimony against a defendant.”

2. Art. 181. “False testimony favorable to the defendant.”

Question 15

What are the REQUISITES of Art. 182 “False testimonies in civil cases”?

Answer 15

1. The testimony must be given in a civil case.
2. The testimony must relate to the issues presented in the case.
3. The testimony is false.
4. The false testimony must be given by the defendant knowing the same to be false.
5. Such testimony must be malicious and given with an intent to affect the issues presented in the case.

Question 16

What is Perjury and how is it committed?

Answer 16

It is the offense of willfully telling the untruth in a court after having taken an oath or affirmation.

Acts punishable as Perjury:
(1) falsely testifying under oath in a proceeding other than a criminal or civil case; and

(2) making a false affidavit before a person authorized to administer an oath on any material matter where the law requires an oath

Question 17

What are the ELEMENTS of Perjury?

Answer 17

1. The accused made a statement under oath or executed an affidavit upon a material matter.
2. The statement or affidavit was made before a competent officer, authorized to receive and administer oaths.
3. In the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood.
4. The sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.

Question 18

How is Art. 184 “Offering false testimony in evidence” committed?

Answer 18

It is committed by any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding.

Question 19

What are the ways of committing Art. 185 “Machinations in public auctions”?

Answer 19

1. Soliciting a gift or a promise as a consideration for refraining from taking part in any public auction.
2. Attempting 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.