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Criminal Law II > Title 4 - [2/2] (172-187) > Flashcards

Title 4 - [2/2] (172-187) Flashcards

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1
Q

Article 172

A

Falsification by private documents and use of falsified documents

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2
Q

what is a document?

A

term used to describe papers, instruments, written statements and anything that has been written down.

Black’s Law Dictionary

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3
Q

What are the acts punished?

A
  1. falsification of public, official, or commercial document by a PRIVATE individual
  2. falsification of private document by ANY person
  3. Use of falsified document
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4
Q

What are the elements of falsification under paragraph 1 of Art 172

A
  1. That the offender is a private individual OR a public officer or employee who did NOT take advantage of his official position.
  2. That he committed ANY of the acts of falsification enumerated in Art. 171.
  3. That the falsification was committed in a public or official or commercial document.
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5
Q

What are the elements of falsification under paragraph 2 of Art 172

A
  1. That the offender committed ANY of the acts of falsification, except those in paragraph 7, enumerated in Art. 171.
  2. That the falsification was committed in ANY private document.
  3. That the falsification caused damage to a third party OR at least the falsification was committed with intent to cause such damage.
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6
Q

What are the elements of falsification under paragraph 3 of Art 172

A

Introducing in a judicial proceeding
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in Art. 171 OR in ANY subdivisions No. 1 or 2 of Art. 172.
3. That he introduced said document in evidence in ANY judicial proceeding.

Use in any other transaction
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172.
3. That he used such document (not in judicial proceedings).
4. That the use of the false document caused damage to another OR at least it was used with intent to cause such damage

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7
Q

What is the essence of the crime of falsification?

A

act of making untruthful or false statements

  • not in book
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8
Q

Must there be a genuine document in falsification?

A

In falsification by (1) making alteration or intercalation, or (2) including in a copy a different statement, there MUST BE A GENUINE DOCUMENT THAT IS FALSIFIED.

Thus, in paragraphs 6, 7, in its second part, and 8 of Art. 171, the law requires that there be a genuine document where the intercalation or alteration is made changing its meaning.

In the other paragraphs of Art. 171, falsification may be committed by simulating or fabricating a document.

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9
Q

In what instance will falsification not bring about criminal liability?

A

[my own answer] - when it does not satisfy the elements of falsification

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10
Q

what is feigning

A

simulating a; [shr] —as in shush

  • signature,
  • handwriting or
  • rubric

out of one which does not in fact exist.

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11
Q

If a person used a falsified document what should be the proper charge against him?

A

falsification of a POC document be a means of committing estafa
- actually using that falsified POC document to defraud another is ESTAFA

note: but the damage to another is caused by the commission of estafa and not by the falsified document per se. use of falsification is a necessary means to commit estafa

there’s more in the book

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12
Q

What is the effect when the document falsified is
(a) a private document and
(b) a public document?

A
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13
Q

WiIl falsifying private documents constitute criminal liability?

A

[A]
mere falsification of private documents is NOT enough

For that, two things are required:

(1) He must have counterfeited the false document.
(2) He must have performed an independent act which operates to

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14
Q

requisites of counterfeiting

A

Imitation of another’s signature need not be perfect. It is necessary only

(1) that there be anINTENT to imitate, OR an ATTEMPT to imitate, and

(2) that the two (2) signatures or handwritings, the genuine and the forged, bear some resemblance to each other.

(U.S. vs. Rampas)

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15
Q

In falsification of private documents what will determine whether the crime committed is estafa or falsification?

A

The essential difference between falsification of private documents and that of public or official documents lies in the fact that while in the former, the prejudice to a third party is primarily taken into account so that if such damage is not apparent, or there is at least no intention to cause it, the falsification is not punishable; in the latter, that is, in the falsification of public or official documents, the principal thing punished is the violation of public faith and the perversion of truth which the document solemnly proclaims, and for this reason it is immaterial whether or not some prejudice has been caused to third persons

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16
Q

What is the presumption on the possession and use of falsified documents?

A

The possessor of a falsified document is presumed to be the author of the falsification.

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17
Q

In falsification by “making untruthful statements in a narration of facts (p.4 of art. 171)”

what requisites must concur?

A
  1. That the offender makes in a document statements in a narration of facts;
  2. That he has a legal obligation to disclose the truth of the facts narrated by him;
  3. That the facts narrated by the offender are absolutely false; and
  4. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person.
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18
Q

What is the presumption when a document is a public document?

A
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19
Q

In falsification under par. 2 of art. 171, should the document be an authentic official paper?

A
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20
Q

Is good faith a defense in falsification?

A

lack of malice OR *criminal intent** is a defense FOR falsification of public document

While it is true that falsification of a public document does not require as an essential element, damage to a third person or intent to cause such damage, signing the name of a deceased heir in a deed of sale of a piece of land owned in common by several heirs, having been done by the accused with the authority of the children of the deceased heir, is not a punishable act of falsification, the accused not having acted with malice. (People vs. Unico)

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21
Q

what are the four (4) kinds of documents?

A

public
private
official
commerical dox

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22
Q

what is a public document?

A

is any instrument authorized by
- a notary public or
- a competent public official, with the solemnities required by law.
(Cacnio, et al. vs. Baens)

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23
Q

what is an official document?

A

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 documents.
    (U.S. vs. Asensi)
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24
Q

Examples of public or official documents

A
  • all pleadings filed with the court
  • petition for habeas corpus

several more detailed examples in the book

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25
Q

what is a private document?

A

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.
(U.S. vs. Orera)

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26
Q

Example of a private document

A

A theater ticket is a private document, because it evidences an agreement for the rent of a place in the theater to enable a possessor to witness a theatrical performance.

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27
Q

what is a commercial document

A
  • any document regulated by the Code of Commerce OR any other commercial law
    (Pp v Co Beng)
  • are used by businessmen to help promote and facilitate trade
    (Pp v Lizares)
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28
Q

Examples of Commercial Documents

A

a lot in the book page 234

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29
Q

Are cash disbursement vouchers commercial documents?

A

No. CDV or receipts evidencing payment to borrowers of the loans given to them are NOT negotiable instruments NOR are they regulated by Code of Commerce.

they are private documents

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30
Q

Documents acknowledged before a notary public are public documents except:

A

last wills & testaments (private)

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31
Q

When is a private document considered a public document?

A
  • In a criminal prosecution for falsification of a document, even if the falsification occurred before the document was presented to the notary, the crime is still characterized as falsification of a public document.
  • a private document may become a public one when it becomes part of an official record AND signed by a public official authorized by law
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32
Q

173

A
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33
Q

Acts punished in 173

A
  1. Uttering fictitious wireless, telegraph, or telephone messages;
  2. Falsifying wireless, telegraph or telephone messages.
  3. Using such falsified messages. With respect to No. 3, the offender need not be connected to the government or to such corporation.
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34
Q

Can a private individual be a principal by direct participation in falsification of telegraphic dispatches

A

Act No. 1851, Sec. 4, punishes private
individuals who forge or alter
telegram.

35
Q

174

A

Falsification of Medical Certifiacates, Certificates of Merit or Service and the Like

36
Q

Define certificate

A

– is any writing by which testimony is given that a fact has or has not taken place. The phrase “or similar circumstances” in Article 174 does not seem to cover property, because the circumstance contemplated must be similar to “merit,” “service,” or “good conduct.”

37
Q

who are persons liable for falsification of certificates

A
  1. Physician or surgeon who, in connection with the practice of profession issued a false certificate;
  2. **Public officer **who issued a false certificate of merit or service, good conduct or similar circumstances;
  3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.
38
Q

Art 175 & elements

A

Using False Certificate

[elements]
- there is a false cert
- he had knowledge it was false
- he used it

39
Q

Art 176

A

Manufacturing and Possession of Instruments and Implements for Falsificatino

40
Q

What are the acts punished under art. 176?

A
  1. Making or introducing– into the Philippines any stamps, dies, marks, or other instruments or implements –for counterfeiting;
  2. Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.
41
Q

Is constructive possession punishable under this article?

A

Arts. 165 and 176 punish not only actual, physical possession, but also constructive possession or the subjection of the thing to one’s control.

42
Q

177

A

Usurpation of Authority, Rank, TItle & Improper use of names, uniforms and insignia

43
Q

Will the use of another name in a particular instance constitute use of an alias?

A
44
Q

What are the forms of usurpation in art. 177?

A
  1. Usurpation of authority
  2. Usurpation of official functions
45
Q

178

A

Using fictitious name and concealing true name

46
Q

What is fictitious name?

A

any other name which a person publicly applies to himself without authority of law

47
Q

fictitious name v concealing true name

A

fictitious
- publicity is required
- purpose is to
a. conceal crime
b. evade execution of judgment
c. cause damage

concealing
- no publicity
- merely to conceal identity

48
Q

179

A

Illegal use of uniform or insignia

49
Q

Is exact imitation of a uniform or dress necessary for one to be liable under art. 179?

A

no

50
Q

notes

A

Any one of the different modes of falsification in paragraphs 1 to 6 of Article 171 must be employed by the offender in committing the crimes defined in paragraph Nos. 1 and 2 of Article 172.

The acts of falsification mentioned in paragraph 7 of Art. 171 CANNOT be committed by a private individual SIMPLY BECAUSE such acts of falsification can be committed only by a public officer or notary public who takes advantage of his official position, since the authentication of a document can be made only by the custodian or the one who prepared and retained a copy of the original document.

51
Q

180

A

false testimony against a defendant

52
Q

What is false testimony?

A

committed by ANY person who is under oath and testify in a competent court and shall deny the truth or say something contrary to it

[ntes]
– is committed by any person who, being under oath, and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.

53
Q

What is the nature of the crime of false testimony?

A
54
Q

if the witness testimony is not considered by the court, will he still be liable for false
testimony?

A

The offender is liable even if his testimony was not considered by court. The law intends to punish the mere giving of false testimony.

55
Q

181

A

false testimony favorable to the defendant

56
Q

182

A

false testimony in civil cases

57
Q

When the testimony is given in a special proceeding, will the witness be liable for art.
182?

A

does not apply

58
Q

183

A

perjury

59
Q

What are the two ways of committing perjury?

A
  1. falsely testifying under oath
  2. making a false affidavit
60
Q

What are the elements of perjury?

A
  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;
  4. That the sworn statement or affidavit containing the falsity is required by law.
61
Q

What is an oath?

A

any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully

62
Q

What is subornation of perjury?

A

s committed by a person who knowingly and willfully procures another to swear falsely and he witness suborned does testify under the circumstances rendering him guilty of perjury.

63
Q

What is meant by ‘material matter’?

A

s committed by a person who knowingly and willfully procures another to swear falsely and he witness suborned does testify under the circumstances rendering him guilty of perjury.
is the main fact which is the subject of the inquiry or any circumstance which tends to prove that 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.

64
Q

What is an affidavit?

A

a sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer

65
Q

Distinguish “material”, “relevant” and “pertinent”.

A

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.

66
Q

Is good faith or lack malice a defense in perjury?

A

yse (Pp. v. abaya)

67
Q

Are two contradictory sworn statements sufficient to convict a person of perjury?

A

No, the prosecution must prove which of the two statements is false, and must show that statement to be false by other evidence than the contradictory statement. (U.S. vs. Capistrano, 40 Phil. 902)

Note: The importance of this rule may be shown in the following illustration: A testified under oath before the fiscal during the preliminary investigation of a homicide case. When the case was filed in court and there A testified, he gave a different testimony contradicting his testimony before the fiscal. If his testimony before the fiscal is false, it is perjury. If his testimony before the court is false, it is false testimony in a judicial proceeding

68
Q

184

A

Offering false testimony in evidence

69
Q

Art 185

A

Machination in public auctions

70
Q

acts punsihed 185

A
  1. mere solicitation any gift or promise as a consideration for refraining from taking part in the public auction;
  2. Mere attempt to cause bidders to stay away from an auction by threats, gifts, promises or any artifice.
71
Q

what is the purpose of public auction

A
72
Q

what is the test of unfair competition

A
73
Q

186

A

Monopolies & Combinations in Restraint of Trade

74
Q

acts punishable

A
  1. Combination or conspiracy to prevent free competition in market.
  2. Monopoly to restrain free competition in market.
  3. Making transactions prejudicial to lawful commerce or to increase the market price of merchandise.
75
Q

when the offense is committed by a corporation/association, who are liable?

A

The president and directors or managers are liable when they (1) knowingly permitted or (2) failed to prevent the commission of such offenses

76
Q

Art 187

A

Importation and Disposition of Falsely Marked Artic\les or Merchandise Made of Gold Silver, or Other Precious Metals or their Alloys

77
Q

Does art. 187 apply to manufacturer of misbranded articles made of gold, silver, etc.

A
78
Q

what is punished in art 187

A

failure to indicate the actual fineness of the gold silver or other metal alloys

79
Q

188

A

Substituting and altering trademarks, trade names or service marks

80
Q

what is a trademark? trade name

A

mermaid trademark, Starbucks

81
Q

What is the purpose of public auction?

A
82
Q

What are the two acts punishable under art. 185?

A
83
Q

189

A

Unfair competition, fraudulent registration of trade name, trademark, or service mark, fraudulent design

84
Q

acts punished in 189

A
  1. selling goods giving them the general appearance of the goods of another manufacturer or dealer (unfair competition)
  2. affixing his goods or using in connection with his services a *false designation of origin, or any false description or representation (AND) selling such goods or services
    (fraudulent designation of origin: false description)
  3. procuring fraudulently from the patent office the registration of trade name, trademark or service mark
    (fraudulent registration)

Criminal Law II (36 decks)

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