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Crim 2 Midterms > Title 4: Crimes against Public Interest > Flashcards

Title 4: Crimes against Public Interest Flashcards

1
Q

Punishable Acts of COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT

Art 161: Counterfeiting Seal of Government

A
  1. Forging the Great Seal of the Government of the Philippines
  2. Forging the signature of the President
    - When, in a government document, the signature of the President is forged, it is not falsification of public document, but forging the signature of the Chief Executive
  3. Forging the stamp of the President
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2
Q

Elements of USE OF FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP

Art 162: USE OF FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP

A

1.Great Seal of the Republic was counterfeited, or the signature or stamp of the Chief Executive was forged by another person
2.Offender knew of counterfeiting or forgery
3.Used the counterfeit seal or forged signature or stamp

Note: The offender must not be the forger. If he is the forger, crime is forgery under Art. 161.

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3
Q

ELEMENTS OF MAKING AND UTTERING FALSE COINS

Art 163: MAKING AND UTTERING FALSE COINS

A
  1. There be false or counterfeited coins
    - Any coinage of the PH, including those withdrawn from circulation
    - Coin of the currency of a foreign country
    - If counterfeited coin was already originally a coin but to look like a higher value, crime is estafa
  2. Offender made, imported, or uttered such coins (MIU)
  3. In case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers

Notes:
Counterfeiting: Money or Currency
Forgery: Instruments of credit and Obligation and Securities
Falsification: Only in respect of documents
Uttering: Put into circulation

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4
Q

Punishable Acts of Mutilation of Coins

Art 164: Mutilation of Coins

A
  1. Mutilating coins of the legal currency, with the intent to damage or to defraud another
    - Mutilation is to diminish, by ingenious means, the metal in the coin, thus diminishing its intrinsic value.
    - Must be current coin of the PH
    - Foreign Currency not included
  2. Importing or uttering such mutilated coins,
    - Uttering must be done in connivance with the mutilator or importer
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5
Q

Is there a mutilation of Paper Bills

Art 164: Mutilation of Coins

A

Yes, under PD 247

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6
Q

Punishable Acts of SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

Art 165: SELLING OF FALSE OR MUTILATED COIN,

A
  1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that it is false or mutilated
    - Possession of Counterfeited or Mutilated Coin
    - Intent to Utter
    - Knowing that it is false or mutilated
  2. Actually uttering false or mutilated coin, knowing it to be false or mutilated
    - Actually uttering (punished here when it is not in connivance with the counterfeiter or mutilator)
    - Knowing that it is false of mutilated (aas long as offender has knowledge, he no longer needs to be in connivance with importer or counterfeiter)

Note:
- If Mutilated Coin, must be legal tender

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7
Q

Punishable Acts of FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND UTTERING THE SAME

Art 166: FORGING TREASURY OR BANK NOTES OR

A
  1. Forging or falsification of treasury or bank notes or other documents payable to bearer (basically, bills lang toh)
    - Forging: giving to a bank note or any instrument payable to bearer or to order the appearance of a genuine document.
    - Falsification (this is also 2nd definition of forgery): altering by any means the figures contained therein.
  2. Importing the false or forged bank notes (bills)
  3. Uttering such false or forged such bank notes (bills) in connivance with the forger or importers
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8
Q

What documents are punished in this article?

Art 166: FORGING TREASURY OR BANK NOTES

A

Anything issued by the Government but if issued by bank, it is commercial document punishable under Art. 172

Example:
- Flasification of a Lotto Ticket

Commercial Document:
- Flasification of Check by Land Bank
- Falsification of Philippine National Bank Checks
- Falsification of Check Payable to Cash

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9
Q

Elements of COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER

Art 167: COUNTERFEIT, IMPORT, AND UTTER INSTRUMENT NOT PAYABLE TO BEARER

A
  1. There be an instrument payable to order or other document of credit not payable to bearer
  2. Offender either forged, imported, or uttered such instrument
  3. In case of uttering, he connived with the importer or forger
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10
Q

Elements of ILLEGAL POSSESSION AND USE OF FALSE BANK NOTES

Art 168: ILLEGAL POSSESSION AND USE OF FALSE BANK NOTES

A
  1. (a) Bank note or document payable to bearer or (b) any instrument payable to order or other credit not payable to bearer is forged or falsified by another
  2. Offender knows that any of these instruments is forged or falsified
  3. Performs any of these acts:
    - Using any of such forged or falsified instruments
    - Possessing with intent to use, any of the forged or falsified documents

Note:
- If utterer, forger already liable uner Art. 166 or 167
- Intent to use is sufficient to consummate the crime, but if instead of carrying out his intention, he threw away the forged note, he is not liable. But if he is caught before throwing it away, he is punishable under Art 168.

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11
Q

Ways of Committing Forgery

Art 169. How Forgery is Committed

A
  1. Giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document
    - Includes adding words to a bill out of circulation to make it seem like it is in circulation again
  2. Altering by any means the figures contained therein

Note:
- Should be a bank note or anything issued by the Government. If the subject of forgery was another, the crime is falsification under Art. 171 or 172.

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12
Q

Kinds of Documents

Art. 170- 173

A
  1. Public Document: Any instrument notarized by a notary public or competent public official with the solemnities required by law
    - Includes documents seized by the government
  2. Official Document: Any instrument issued by the government or its officers
    - Public Document is broader so before a document becomes official, it needs to be public first. To become an official document, there must be a law which requires a public officer to issue an official document.
  3. Private Document: Every deed by a private person without intervention of the notary public
    - theater ticket
    - cash disbursement
  4. Commercial Document: Any instrument executed in accordance with the Code of Commerce
    - checks of any bank
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13
Q

What is falsification under Art 170 - 173

Art. 170- 173

A
  1. Fabricating an inexistent document
  2. Changing the contents of an existing one through any of the 8 ways enumerated under Art. 171
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14
Q

Elements of Falsification of Legislative Documents

Art. 170: Falsification of Legislative Documents

A
  1. There’s a genuine bill or ordinance enacted or approved or pending approval by either the House or any provincial board or municipal board
  2. Any offender, private individual or public official who does not have custody, alters the same
    - However, accused must not be a public official entrusted with custody of such document. If he is entrusted with custody, Art 171 applies.
  3. He has no authority to alter
  4. Alteration changed the meaning of the document
    - If it does not change the meaning, Art 171 or Art 172 applies.
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15
Q

Elements of FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER

Art 171

A
  1. The offender is a public officer, employee, notary public, or ecclesiastical minister
    - ecclesiastical minister is liable with respect to falsification that may affect the civil status of persons
    - A private individual who is in conspiracy with a public officer is also guilty of this crime.
  2. He takes advantage of his postion when
    - he has the duty to make or prepare document; or
    - Has official custody of it
    - If not, guilty of falsification of public documents by private indiv under Art. 172
  3. Falsified a document
    - intent to gain or injure is not necessary. What is punished is violation of public faith
    - No falsification if consistent with good faith
    - It can be any document since if document is executed by a public officer, it becomes a public document
    - falsification by omission is possible and reckless imprudence resulting to falsification of public documents
    - no attempted or frustrated stage

Genuine Document Needed
1,6,7(2nd Part), 8

Simulating is Sufficient
2,3,4,5,7(first part)

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16
Q

8 Modes of Falsifying a Document

Art 171

SPS-UTAI^2N

A
  1. Counterfeiting (needs genuine) or imitating(simulating) any handwriting, signature, or rubric

Elements:
- intent to imitate or attempt to imitate
- For counterfeiting, 2 signatures or handwriting (genuine and forged) that bear resemblance to each other

  1. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate

Elements:
- Caused it to appear in a document that a person or persons participated in an act or proceeding
- Such person or persons did not in fact participatein the act or proceeding

  1. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them

Elements:
1. A person or persons farticipated in an act or
proceeding
2. Such person or persons made statements in that act or proceeding
3. The offender in making a document, attributed to such person, statements other than those in fact made by such person or persons

  1. Making untruthful statements in a narration of facts

Elements: (NLFI)
1. In a document, offender makes statements in a narration of facts
- must be a narration of facts, not a conclusion of law such as stating “wilfully and unlawfully” eligible to this office.
2. Has the legal obligation to disclose the truth of facts narrated by him
- there is a law requiring the disclosure of the truth
3. Facts narrated by him are absolutely false
4. Perversion of truth in the narration was made with wrongful intent of injuring a third person
- offender must be aware of the falsity
- intent not needed when it is a public document

Note: If narration of facts is in an affidavit reuqired by law to be sworn to, crime is perjury. In perjury, what is violated is the solemnity of the oath.

  1. Alterting True Dates

Elements:
1. Date mentioned in document is essential
- date in police blotter, marriage cert, birth cert, death cert, etv.
2. Alteration of the date must affect either the veracity or the effects of the document

  1. Making any alteration (change) or intercalation (insertion) in a genuine document which changes its meaning
    - if it is changed to speak the truth, then not falsification

Elements: (AI-G-NE-CF)
1. There be an alteration (change) or intercalation (insertion) on a document
2. It was made on a genuine document
3. If the document is not genuine, the crime of estafa is committed
4. The alteration or intercalation has changed the meaning of the document
5. The change made the document speak
something false

  1. A. Issuing a document in an authenticated form pretending to be a copy of an original document when no such original exists, or
    - notary made a copy of a deed of sale which was never executed
  2. B. Including a statement contrary to, or different from, that of the genuine original in the fake copy
    - Civil Registrar recorded legitimate when the OG doesnt contain such statement
  3. Inserting any note in a protocol, registry, or official book that is relative to its issuance
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17
Q

Punishable Acts under FALSIFICATION BY PRIVATE INDIVIDUALS AND
USE OF FALSIFIED DOCUMENTS

Art. 172: Falsification by private Individuals and Use of Falsified Docs

A
  1. Falsification of public, official, or commercial document by a private person
  2. Falsification of private document by any person
  3. Use of falsified documents
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18
Q

Elements of Falsification of public, official, or commercial document by a private person

Art. 172: Falsification by private Individuals and Use of Falsified Docs

Private Person Faps = Pri-FaPOC

A
  1. 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 pars. 1-6
    - Not 7 because it can only ve done by a public official with custody of the document
  3. That the falsification was committed in a public or official or commercial document
    - Lack of malice is a defense for public documents even though public document does not require intent to damage a third person.
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19
Q

Elements of Falsification of private document by any person

Art. 172: Falsification by private Individuals and Use of Falsified Docs

Focus is on the Private Document so lets just Fap agad = FaPri-DI

A
  1. The offender committed any of the acts of falsification, except those in Par. 7 enumerated in Art. 171
  2. The falsification was committed in any
    private document
    - Will be punished as private document even if document became public as long as falsificationw as done when it was a private document
    - However, if the document is intended by law to be part of the public or official record, the falsification is always public document even though it was done when it was a private document
  3. The falsification caused damage to a third party or at least the falsification was committed with the intent to cause such damage
    - hence, there must be another independent act which caused prejudice to a third person
    - no complex crime of estafa through falsification of private document because the effect of falsification of private document is the same as estafa
    - no reckless imprudence since there must be intent
20
Q

Falsification as a necessary means to commit other crimes

A
  1. The falsificaton of a public, official, or commercial document may be a means of committing estafa
  2. In the falsification of a private document, it depends:

Estafa
- Estafa can stand alone and be committed without falsification
- Private document was falsified to conceal the misappropriation of money (this means estafa has already been consummated and falsification is to hide the crime)

Falsification
- Estafa cannot stand alone and thus for it to be committed, falsification is necessary
- Private document is falsified to obtain money which was later misappropriated

21
Q

Elements of Use of Falsified Document

Art. 172: Falsification by private Individuals and Use of Falsified Docs

A

A. Elements of Introducing in a Judicial Proceeding
1. Offender knew the document was falsified by another
2. False document was in Art. 171 or in Art. 172, subdivision 1 or 2
3. He introduced said document in evidence in any judicial proceeding (Damage is not necessary)

B. In use in any other transaction
1. Offender knew the document was falsified by another
2. False document was in Art. 171 or in Art. 172, subdivision 1 or 2
3. He used such document
4. Use of the false document caused damage to another or it was used with intent to cause damage

22
Q

User of the falsified document is deemed the author of the falsification if?

Art. 172: Falsification by private Individuals and Use of Falsified Docs

A
  1. The use was so closely connected in time with the falsification
  2. The user had the capacity of falsifying the document
23
Q

Punishable Acts under Falsification of WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES

Art 173: Punishable Acts under Falsification of WIRELESS, CABLE and USE

Wireless = Nudes Sent = OOF= UFU

A
  1. Uttering fictitious wireless, telegraph, or telephone messages
  2. Falsifying wireless, telegraph, or telephone messages
  3. Using such falsified messages
24
Q

Elements of Act 1 and 2

Art 173: Punishable Acts under Falsification of WIRELESS, CABLE and USE

A
  1. Offender is an officer or employee of the Government, or an officer or employee of a private corporation engaged in the service of sending or receiving wireless, cable, or telephone messages
  2. Commits any of the above acts
  • private individual can only be a liable as principal by direct participation for flasification of wireless messages when part of the private corporation. If not part, he is a principal by inducement.
25
Q

Elements of Act 3

Art 173: Punishable Acts under Falsification of WIRELESS, CABLE and USE

Use of False Wireless = Kupal = KUP

A
  1. Accused knew the messages were falsified by any person specific in the first 2 punishable acts
    - can be a private individual
  2. Accused used such falsified dispatch
  3. The use resulted in the prejudice of a third party or the use was with intent to cause such prejudice
26
Q

Punishable Acts of False Medical Certificates and Certificate of Merit or Service

Art. 174: False Medical Certificates and Certificate of Merit or Service

A
  1. False Medical Certificate
    - Issuance of false certificate by a physician or surgeon in connection with the practice of his profession
  2. False Certificate of Merit or Service, Good Conduct or similar circumstances
    - Issuance by a public officer
    - does not cover certificate of property but residence for voting purposes yes
  3. False Medical Certificate or False Certidicate of Merit by a Private Individual
27
Q

Elements of Using False Certificates

Art. 175: Using False Certificates

A
  1. False certificate mentioned in the preceding article was issued
  2. The offender knew that the certificate was false
  3. He used the same

Note: When any of the false certificates in the preceding Article is used in a judicial proceeding, Art. 175 will apply. The use of false documents in judicial proceedings under Art. 172 is limited to those false documents mentioned in Arts. 171 and 172.

28
Q

Punishable Acts of MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION

INSTRUMENTS FOR FALSIFICATION

Art. 176: MANUFACTURING AND POSSESSION OF

A
  1. Making or introducing into the Philippines any stamp, dye, mark, or other instruments or implements for counterfeiting or falsification
  2. Possessing with intent to use the instruments for counterfeiting or falsification made in or introduced into the Philippines by another person
29
Q

Offenses Contemplated

Art 177: USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS

A
  1. Usurpation of Authority
    - by knowingly and falsely representing oneself to be an officer, agent, or representative of any department of the Govt or any foreign govt
    - mere act of knowingly and falsely representing oneself to be an officer is sufficient
    - not necessary that he performs an act pertaining to the officer
    - must actually refer to a govt office, if no such office exist, no liability
  2. Usurpation of Official Functions
    - Offender may be private person or public officer
    - Performs any act pertaining to any person in authority or public officer of the
    Philippine government or any foreign govt
    - Offender performs the act under pretense of official function
    - Offender performs the act without being
    legally entitled     to do so
30
Q

RA No.10: Act performed must pertain to?

Art 177: USURPATION OF AUTHORITY

A
  1. The government
  2. Any person in authority
  3. Any public officer
31
Q

Acts Punishable under Using Fictitious Name and Concealing True Name

Art. 178: Using Fictitious Name and Concealing True Name

A
  1. Using fictitious name
  2. Concealing true name
32
Q

Elements of Using Fictitious Name

Art. 178: Using Fictitious Name and Concealing True Name

NP-DEC

A
  1. Offender uses a name other than his real name
  2. Uses the fictitious name publicly
  3. Purpose is to conceal a crime, evade execution of a judgment, or cause damage to public interest
    - if purpose is to cause damage to private interest, crime is estafa
33
Q

Elements of Concealing true name

Art. 178: Using Fictitious Name and Concealing True Name

A
  1. Offender Conceals his true name and other personal circumstances
    - element of publicity not needed
  2. Purpose is to conceal his identity
34
Q

RA 6085: ACT REGULATING USE OF ALIAS

RA 6085: ACT REGULATING USE OF ALIAS

A

Sec 1. Except as psuedonym for literary, cinema, TV, radio, or other entertainment purposes, no person shall use a name different from what was registered at birth or baptism; if alien, registeredt with BI, or substituted name provided by the court

Sec. 2. Any person desiring to use an alias shall apply for authority to obtain judicial authority for change of name name. No person can secure such judicial authority for more than 1 alias.

Sec 3. When signing or executing any public or private document
- Individuals baptized with a name different from their birth registration and all names or aliases or pseudonym
- Aliens registered with the Bureau of Immigration upon entry must use their registered name and all names or aliases or pseudonym
- Those authorized by judicial authority to use an alias must disclose their real name in transactions.
- Anyone using a pseudonym must also disclose their real name along with any authorized aliases.

35
Q

Elements of Illegal Use of Uniforms or Insignia

Art. 179

A
  1. Makes use of Insignia, uniform, or dress
  2. Insignia, uniform, or dress pertains to an office not held by the offender, or to a class of persons of which he is not a member
    - Office must actually exist. If not, no crime.
  3. Insignia, uniform, or dress is used publicly and improperly
36
Q

Elements of Flase Testimony

Art. 180 - 183

A

It is committed:

  1. 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
  2. Shall deny the truth or say something contrary

False Testimony in Criminal Cases (Arts. 180-181)
False Testimony in Civil Cases (Art. 182)
False Testimony in other cases (Art. 183)

37
Q

ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT

Art. 180: False Testimony against a defendant

Cockhold = COKA

A
  1. There is a criminal proceeding
  2. Offender testifies falsely under oath against the defendant
  3. Offender who gives false testimony knows that it is false
  4. Defendant against whom the false testimony is given is either acquitted or convicted of at least a correctional penalty in a final judgment

PRESCRIPTIVE PERIOD RUNS AFTER FINAL JUDGMENT OR ACQUITTAL

38
Q

Elements of False testimony Favorable to the Defendant

Art. 181: False Testimony Favorable to the Defendant

A
  1. A person gives a false testimony
  2. in favor of the defendant
  3. in a criminal case

Notes:
- conviction or acquittal is not necessary
- defendant who falsely testifies in is own behalf in a criminal case can only be guilty of Art. 181 when he voluntarily goes upon the witness stand and falsely imputes to some other person the commission of a grave offense.

PRESCRIPTIVE PERIOD BEGINS AFTER TESTIMONY

39
Q

Elements of False Testimony

Article 182: False Testimony in Civil Cases

False = CID = CIF-KI

A
  1. Testimony must be given in a civil case
  2. Testimony must relate to the issues presented in said case
  3. Testimony must be false
  4. False testimony must be given by the defendant knowing it to be false
  5. Testimony must be malicious and given with an intent to affect the issues presented in said case
40
Q

2 Ways of Committing Perjury

Art. 183: Perjury

A
  1. Falsely testifying under oath
    - GR: Not under a judicial proceeding
    - Exception: If penalty followed was imposed by SPL or the penalty imposed is arresto menor or below
  2. Making a False Affidavit
41
Q

Elements of Perjury

Art. 183: Perjury

SA-CAR

A
  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 oath
  3. In that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood
    - Good faith is a defense
  4. The sworn statement or affidavit containing the falsity is required by law or made for a legal purpose

Note:
- There is perjury even during preliminary investigation
- Principal by inducement under perjury is possible for subornation of perjury (inducing someone to commit perjury)

42
Q

Elements of Offering False Testimony in Evidence

Art. 184: Offering False Testimony in Evidence

FJOK

A
  1. Offender offered in evidence a false witness or testimony
  2. Offer was made in a judicial or official proceeding
  3. He knew the witness or testimony was false
43
Q

Punishable Acts under Machinations in Public Auctions

Art 185: Machinations in Public Auctions

A
  1. Soliciting any gift or 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 aritifice.
44
Q

Elements of Soliciting any gift or promise as a consideration for refraining from taking part in any public auction

Art 185: Machinations in Public Auctions

A
  1. There is a public auction
  2. Offender solicits any gift
  3. Such gift is the consideration for the bidder’s refraining from taking part of the public auction
  4. Has intent to cause the reduction of the price of the thing auctioned

Note:
- Consummated by mere solicitation
- Person who accepts is also liable

45
Q

Elements of Attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other aritifice.

A
  1. There is a public auction
  2. Offender attempts to cause the bidders to stay away from the public auction
  3. It is done by threats, gifts, promises, or any other artifice (tricks can be used); and
  4. Has the intent to cause the reduction of the price of the thing auctions

Note
- Consummated by mere attempt to cause bidders to stay away from the public auction

46
Q

Elements of Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold, Silver, or **Other Precious Metals **or their Alloys

Art. 187: Importation and Disposition of Falsely Marked Articles

A
  1. Offender imports, sells, or disposes of any of those articles
  2. Stamps, brands, or marks of those articles Fail to indicate the actual fineness or quality of said metals
  3. Offender knows that the stamps, brands, or marks fail to indicate the actual fineness or the quality of the metals or alloys

Crim 2 Midterms (7 decks)

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