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Criminal Law II > Module 4 > Flashcards

Module 4 Flashcards

1
Q

What are the acts punished in counterfeiting the Great Seal of the Government? (161)

  1. ___ the ___ of the Government of the Philippines
  2. ___ the ___ of the ___
  3. ___ the ___ of the ___
A
  1. Forging the Great Seal of the Government of the Philippines.
  2. Forging the signature of the President.
  3. Forging the stamp of the President.
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2
Q

What are the elements of using forged signature or counterfeit seal or stamp? (162)

  1. That the ___ of the Republic was __ or the ___ or ___ of the ___ was __ by another person.
  2. That the offender __ of the __ or ___
  3. That he ___ the ____ ___ or ___ ___ or __
A
  1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person.
  2. That the offender knew of the counterfeiting or forgery.
  3. That he used the counterfeit seal or forged signature or stamp.
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3
Q

What are the elements of making and importing and uttering false coins?

  1. There be ___ or ___ coins
  2. The offender either __, imported, or ___ such coins
  3. In case of ___, he ___ with the ___ or importers
A
  1. There be false or counterfeited coins.
  2. The offender either made, imported, or uttered such coins.
  3. In case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers.
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4
Q

What is a coin?

A coin is a ___ of ___ stamped with __ __ and made __ at a ___

A

A coin is a piece of metal stamped with certain marks and made current at a certain value.

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5
Q

What makes a coin false or counterfeited?

A coin os false or counterfeited if it is __ or if its not __ by the Government as __, regardless of ___.

A

A coin is false or counterfeited if it is forged or if it is not authorized by the Government as legal tender, regardless of its intrinsic value.

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6
Q

What does it mean to import fake coins?

To import fake coin means to ___ into __. The ___ is complete before __ at the __.

A

To import fake coin means to bring them into port. The importation is complete before entry at the Custom House.

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7
Q

What does it mean to utter?

To utter is to ___ . It includes their __ or the act of __

A

To utter is to pass counterfeit coins. It includes their delivery or the act of giving them away.

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8
Q

What are the acts punished in mutilation of coins? (164)

  1. Mutilating coins of the __ with the __ that there be ___ to __ or to __ another.
  2. ___ or ___ such mutilated coins, with the __ that there must be __ with the ___ or __ in case of ___.
A
  1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another.
  2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering.
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9
Q

What is mutilation?

Mutilation means to ___ of the __ by __ or by ___ it for __ of ___ quality. It is to ___ by ___ means the __ in the ___.

A

Mutilation means to take off part of the metal by filing it or by substituting it for another metal of inferior quality. It is to diminish by ingenuous means the metal in the coin.

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10
Q

What is counterfeiting?

refers to __ or ___

A

refers to money or currency

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11
Q

What is forgery?

Forgery refers to __ of __ and __ and ___ issued by the Philippine government or any ___ authorized by the Philippine government to __ the same.

A

Forgery refers to instruments of credit and obligations and securities issued by the Philippine government or any banking institution authorized by the Philippine government to issue the same.

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12
Q

What are the acts punished of selling of false or mutilated coin, without connivance? (165)

  1. ___ of coins, ___ by ___, with ___ to __ the same, knowing that it is __ or ___.
A
  1. Possession of coins, counterfeited by another person, with intent to utter the same, knowing that it is false, or mutilated.
  2. Actual uttering such false or mutilated coins, knowing the same to be false or mutilated.
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13
Q

What are the acts punished in forging treasury or bank notes or other documents payable to bearer? (166)

  1. Forging or ___ of ___ or ___ or other ___ ____
  2. ___ of such false or forged ___ or ___
  3. ___ of such false or forged ___ or ___ in ___ with the ___ or ____
A
  1. Forging or falsification of treasury or bank notes or other documents payable to bearer.
  2. Importation of such false or forged obligations or notes.
  3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers.
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14
Q

An instrument is payable to bearer when?

  1. It is ___ to be ___
  2. When it is ___ to a ___ ___ therein or __
  3. When it is payable to the ___ of a ___ or ___, and such __ was __, to the __ making it so __
  4. When the ___ of the ___ does not ___ to be the ___ of any __
  5. When the __ and __ ___ is an ___ in __
A
  1. It is expressed to be so payable.
  2. When it is payable to a person named therein or bearer.
  3. When it is payable to the order of a fictitious or non-existing person, and such fact was known, to the person making it so payable.
  4. When the name of the payee does not purport to be the name of any person.
  5. When the only and last indorsement is an indorsement in blank.
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15
Q

What are the elements of counterfeiting, importing, and uttering instruments not payable to bearer? (167)

  1. There is an ___ __ to __ or other __ of __ not ___
  2. The offender either __ , ___, ___ such __
  3. In case of being ___, he ___ with the ___ or ___
A
  1. There is an instrument payable to order or other document of credit not payable to bearer.
  2. The offender either forged, imported, or uttered such document
  3. In case of being uttering, he connived with the forger or importer.
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16
Q

What are the elements of illegal possession and use of false treasury and other instruments of credit? (168)

  1. Any ___ payable to __ or any instrument ___ to or other document ___ is ___ by another person.
  2. Offender ___ that any of those __ is __ or ___
  3. He performs any of these acts:

a. __ any of such __ or ___ documents
b. ___ with __ to __ any of such ___ or ___ documents.

A
  1. Any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit, not payable to bearer is forged or falsified by another person.
  2. Offender knows that any of those instruments is forged or falsified.
  3. He performs any of these acts:
    a. Using any of such forged or falsified documents.
    b. Possessing with intent to use any of such forged or falsified instruments.
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17
Q

How is forgery committed? (169)

  1. By ___ a ___ or ___ or any __ or __ the ___ of a __ and __ document
  2. By ___, or altering by any means the ___ , letters, ___ or ___ __ therein.
A
  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 and genuine document.
  2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or signs contained therein.
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17
Q

What are the five classes of falsification?

  1. Falsification of a ___
  2. Falsification of a __ by a ___
  3. Falsification of a ___ by a ___
  4. Falsification of a ___ by any ___
  5. Falsification of ___
A
  1. Falsification of Legislative Documents
  2. Falsification of a Document by a Public Officer, Employee, or Notary Public
  3. Falsification of a Public, Official, or Commercial Documents by a Private Individual
    4 .Falsification of a Private Document by any person
  4. Falsification of Wireless, Telegraph, and Telephone Messages
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18
Q

What are the elements of falsification of legislative documents? (170)

  1. There is a ___, approved or ___by either __ or
  2. The offender ___ the same
  3. The __ has __ the ___ of the ___
A
  1. There is a bill, resolution, or ordinance, enacted, approved, or pending approval by either House, provincial or municipal council.
  2. The offender alters the same.
  3. He has no proper authority therefor.
  4. The alteration has changed the meaning of the documents.
19
Q

What are four kinds of documents?

  1. ___ Document - any instrument notarized by a notary public.
  2. ___ Document - any instrument issued by the govt
  3. ___ Document - any instrument executed in accordance with the Code of Commerce or mercantile law
  4. ___ Document - every deed or instrument executed by a private person without intervention of a notary public.
A
  1. Public Document -any instrument notarized by a notary public.
  2. Official Document - any instrument issued by the government.
  3. Commercial Document - any instrument executed in accordance with the Code of Commerce or mercantile law.
  4. Private Document - every deed or instrument executed by a private person without intervention of a notary public.
20
Q

What are the acts punishable in falsification by public officer, employee, notary, or ecclesiastical minister? (171)

  1. ____ or ___ any ___
  2. ___ it to ____ that ___ have ___ in any act or __ _when they ___ in fact so ___
  3. ___ to persons who have __ in an __ or ___, ___ other than those in fact __ by them.
  4. Making ___ ___ in a ___ of facts
  5. ____ due ___
  6. Making any ___ or ___ in a ___ document
  7. ___ in an ___ ___, a document __ to be a copy ___ document when no ___ original ___
    8, ___ any instrument or note ___ to the ___ thereof in a ___, registry, or official book.
A
  1. Counterfeiting or imitating any handwriting, signature, or rubric.
  2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
  3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.
  4. Making untruthful statements in a narration of facts.
  5. Altering due dates.
  6. Making any alterations or intercalations in a genuine document which changes its meaning
  7. Issuing in an authenticated form, a document purporting to be a copy of an original document when no such original exists, or including in such copy, a statement contrary to, or different from that of the genuine original.
  8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
21
Q

What are the elements of falsification by public officer, employee, notary, or ecclesiastical minister? (171)

  1. Offender is a ____ , ____, or ___
  2. He ___ ___ of his ___ ___
  3. He ___ any of the ___ ___
  4. In case the offender is an ___ __ who shall commit any of the offenses enumerated,
A
  1. Offender is a pubic officer, employee, or notary public.
  2. He takes advantage of his official position.
  3. He performs any of the acts mentioned. (8)
  4. In case the offender is an ecclesiastical minister who shall commit any of the offenses enumerated, with respect to any record or document of such character that is falsification may affect the civil status of persons.
22
Q

What are the acts punished in falsification by a private individual and use of falsified documents? (172)

  1. Falsification of ___, ___ or ___ document by a ___ ___.
  2. Falsification of __ __ by any ___
  3. __ of ___ documents
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 documents.
23
Q

What do you mean by the Doctrine of Common Element?

The doctrine of common element states that an element ____ to ___ one ___ cannot be ___ ___ to complete the __ of a ___ crime.

A

The doctrine of common element states that an element used to complete one crime cannot be legally re-used to complete the requisites of a subsequent crime.

24
Q

What are the acts punished under False medical certificates, certificates of merit or service, etc? (174)

  1. ___ of a false ___ by a ___ in connection with the ___ of his __
  2. ___ of a __ ___ of __ by a ___, ___ to gain is ___
  3. ___ by a ___ of any __ falling in par 1 and 2.
A
  1. Issuance of a false certificate by a physician or surgeon in connection with the practice of his profession.
  2. Issuance of a false certificate of merit or service, good conduct, or similar circumstances by a public officer, intent to gain is immaterial.
  3. Falsification by a private person of any certificate falling in par 1 and 2.
25
Q

What are the elements of using false certificates? (175)

A
  1. There must be a false certificate as defined in 174.
  2. Knowingly that the certificate is false.
  3. Offender uses the same.
26
Q

What are the acts punished in manufacturing and possession of instruments or implements for falsification? (176)

  1. ___ or introducing into the Philippines any ___, dyes, marks, or other instruments.
  2. ___ with ___ to use any of the __ or ___ mentioned above.
A
  1. Making or introducing into the Philippines any stamps, dyes, marks, or other instruments.
  2. Possession with intent to use any of the instruments or implements mentioned above.
27
Q

What are the two ways of committing the crime in Article 177?

  1. ___ and falsely representing ___ to be an ___, agent, or representative of any __ of the Philippine government
  2. ___ any act pertaining to any ___ or ___ of the Philippine government.
A
  1. Knowingly and falsely representing oneself to be an officer, agent, or representative of any department or agency of the Philippine government or of any foreign government.
  2. Performing any act pertaining to any person in authority or public officer of the Philippine government or any foreign government or any agency thereof, under pretense of official position and without being lawfully entitled to do so.
28
Q

What are the elements of using a fictitious name under 178?

  1. Offender uses a ___ other than his ___
  2. He uses the __ name ___
  3. Purpose of use is to ___ a crime, ___ execution of judgment, or to ___ to public interest
A
  1. Offender uses a name other than his true name.
  2. He uses the fictitious name publicly.
  3. Purpose of use is to conceal a crime, evade execution of judgment, or to cause damage to public interest.
29
Q

What are the elements of concealing true name under 178?

  1. Offender __ his ___ and other circumstances
  2. Purpose is only to __ his true __
A
  1. Offender conceals his true name and other circumstances.
  2. Purpose is only to conceal his identity.
30
Q

What are the elements of illegal use of uniforms or insignias? (179)

  1. Offender ___ makes use of ___
  2. The ___ pertains to an ___ not held by the offender
A
  1. Offender publicly makes use of insignia, uniform, or dress
  2. The insignia, uniform, or dress pertains to an office not held by the offender, or pertains to a class of persons of which offender is not a member.
31
Q

What are the elements of false testimonies against a defendant? (180)

  1. There is a ___ proceeding
  2. Offender ___ under oath __ the defendant
  3. Offender who gives __ __ that it is __
  4. Defendant against whom the __ __ is given is either__ or __ by final judgment
A
  1. There is a criminal proceeding.
  2. Offender testifies under oath against the defendant therein.
  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 by final judgment.
32
Q

What are the elements of false testimonies favorable to the defendant? (181)

  1. A person gives a __ __
  2. In __ of the defendant
  3. In a __ case
A
  1. A person gives a false testimony
  2. In favor of the defendant
  3. In a criminal case
33
Q

What are the acts punished under false testimony in a civil case? (182)

  1. By ___ ___ under oath
  2. By making a ___
A
  1. By falsely testifying under oath.
  2. By making a false affidavit.
34
Q

What are the elements of false testimony in a civil case? (182)

  1. Offender makes a __ under oath or executes an ___ upon a __
  2. The __ or ___ is made before a __
  3. Offender makes a __ and __ assertion of ___ in the ___
  4. The ___ or __ containing __ is required by law, for __ purposes
A
  1. Offender makes a statement under oath or executes an affidavit upon a material matter.
  2. The statement or affidavit is made before a competent officer, authorized to receive and administer oaths.
  3. Offender makes a willful and deliberate assertion of falsehood in the statement or affidavit.
  4. The sworn statement or affidavit containing falsity is required by law, that is, made for legal purposes.
35
Q

What is a material matter? (182)

A material matter means the ___ __ which is the ___ of the ___

A

A material matter means the main fact which is the subject of the inquiry, or any circumstance which tends to corroborate or strengthen the testimony relative to the subject of the inquiry, or which legitimately affects the credit of any witness who testified.

36
Q

What is the difference between a false testimony and perjury?

A false testimony is given in the ____ of a ____ whereas perjury is any __ of __ in a ___ under __ and not necessarily given in ___.

A
  1. While both are perversions of the truth, a false testimony is given in the course of a judicial proceeding, whereas perjury is any willful and corrupt assertion of falsehood in a material matter under oath and not necessary given in judicial proceedings.
  2. A false testimony contemplates an actual trial where judgment of conviction or acquittal is rendered and not merely a preliminary investigation, whereas perjury may be committed even during a preliminary as well as in the making of a false affidavit under oath on a material matter when required by law.
37
Q

What are the elements of offering false testimony in evidence? (184)

  1. Offender offers in ___ a ___ or ___
  2. He __ that the ___ or the __ is false
  3. The __ was made in any __ or ___
A
  1. Offender offers in evidence a false witness or testimony.
  2. He knows that the witness or the testimony is false.
  3. The offer was made in any judicial or official proceeding.
38
Q

What are the crimes classified as frauds?

  1. ___ in public auctions
  2. ___ and combinations in __ of trade
  3. ___ and disposition of ___ __ articles
  4. ___ and altering ___
  5. ___ competition, ___ registration
A
  1. Machination in public auctions.
  2. Monopolies and combinations in restraint of trade.
  3. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals.
  4. Substituting and altering trademarks and tradenames or service marks.
  5. Unfair competition, fraudulent, registration of tradename, trademark, or service mark; fraudulent designation of origin and false description.
39
Q

What are the acts punished as machinations? (185)

  1. By ___ any gift as ___ for ___ from taking part in any __
  2. By __ to cause __ to __ from auction by __
A
  1. By soliciting any gift or promise as consideration for refraining from taking part in any public auction.
  2. By attempting to cause bidders to stay away from auction by threats, gifts, promise, or any other artifice.
40
Q

What are the elements of soliciting gifts or promise? (185)

  1. There be a __
  2. Accused ___ any __ from any of the __
  3. Such __ was the __ for his __ from taking part in the __
  4. The accused had the __ to __ the __ of price of the thing auctioned.
A
  1. There be a public auction
  2. Accused solicited any gift or promise from any of the bidders
  3. Such gift or promise was the consideration for his refraining from taking part in the public auction
  4. The accused had the intent to cause the reduction of price of the thing auctioned.
41
Q

What are the elements of attempting to cause bidders to stay away? (185)

  1. Public __
  2. Accused ___ to __ the __ to stay away from __
  3. It was done by ___
  4. Accused had the__ to cause the reduction of the price of the __ being __
A

1 Public auction
2. Accused attempted to cause the bidders to stay away from the public auction.
3. It was done by threats, gifts, promise, or other artifice.
4. Accused had the intent to cause the reduction of the price of the thing being auctioned.

42
Q

What are the elements of importation, disposition of falsely marked articles or merchandise made of gold, silver, and other precious metals? (187)

  1. That the offender __ any of those __ or merchandise
  2. That the stamps, __ or marks of those ___ fail to __ the actual __ or quality of said __
  3. That the offender __ that the stamps, brands __
A
  1. That the offender imports, sells, or disposes of any of those articles or merchandise.
  2. That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness orquality of said metals or alloys.
  3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quaity of the metals or alloys.
43
Q

What are the articles or merchandise involved in Article 187?

  1. G
  2. S
  3. Other __
  4. Their __
A
  1. Gold
  2. Silver
  3. Other precious metlas
  4. Their alloys
44
Q

What are the acts punished in substituting and altering trademarks, trade names, or service marks? (188)

  1. By __ the trade names of some other ___
  2. By ___ such __ knowing that the __ has been ___ used
  3. By ___ the __ of some other __ in the sale or advertising of his __
  4. By __ trademark of one person or ___ imitation
A
  1. By substituting the trade name, trademark, of some other manufacturer or dealer or a colorable imitation thereof for the trade or trademark of the real manufacturer or dealer upon any article of commerce and selling the same.
  2. By selling or offering for sale such articles of commerce, knowing that the trade name or trademark has been fraudulently used.
  3. By using or substituting the service mark of some other person or colorable imitation of such marks in the sale or advertising of his services.
  4. By printing, lithographing, reproducing trademark or service mark of one person or colorable imitation thereof to enable another person to fraudulently use the same knowing the fraudulent purpose for which it is to be used.
45
Q

What are the acts punished in unfair competition, fraudulent registration of trademarks, etc. (189)

  1. Unfair __ by selling __ giving them the __ of goods another
  2. __ in goods false __ of origin
  3. __ registration of __
A
  1. Unfair competition by selling goods, giving them the appearance of goods another
  2. Affixing in goods false designation of origin
  3. Fraudulent registration of trademark, trade name, or service mark

Criminal Law II (5 decks)

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