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

Question 1

Article 172

Answer 1

Falsification by private documents and use of falsified documents

Question 2

what is a document?

Answer 2

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

Black’s Law Dictionary

Question 3

What are the acts punished?

Answer 3

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

Question 4

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

Answer 4

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.

Question 5

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

Answer 5

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.

Question 6

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

Answer 6

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

Question 7

What is the essence of the crime of falsification?

Answer 7

act of making untruthful or false statements

• not in book

Question 8

Must there be a genuine document in falsification?

Answer 8

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.

Question 9

In what instance will falsification not bring about criminal liability?

Answer 9

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

Question 10

what is feigning

Answer 10

simulating a; [shr] —as in shush

• signature,
• handwriting or
• rubric

out of one which does not in fact exist.

Question 11

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

Answer 11

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

Question 12

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

Question 13

WiIl falsifying private documents constitute criminal liability?

Answer 13

[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

Question 14

requisites of counterfeiting

Answer 14

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)

Question 15

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

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

what requisites must concur?

Answer 17

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.

Question 18

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

Question 19

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

Question 20

Is good faith a defense in falsification?

Answer 20

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)

Question 21

what are the four (4) kinds of documents?

Answer 21

public
private
official
commerical dox

Question 22

what is a public document?

Answer 22

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

Question 23

what is an official document?

Answer 23

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)

Question 24

Examples of public or official documents

Answer 24

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

several more detailed examples in the book

Question 25

what is a private document?

Answer 25

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)

Question 26

Example of a private document

Answer 26

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.

Question 27

what is a commercial document

Answer 27

- 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)

Question 28

Examples of Commercial Documents

Answer 28

a lot in the book page 234

Question 29

Are *cash disbursement vouchers* commercial documents?

Answer 29

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

Question 30

Documents acknowledged before a notary public are public documents except:

Answer 30

last wills & testaments (private)

Question 31

When is a private document considered a public document?

Answer 31

- 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

Question 32

173

Question 33

Acts punished in 173

Answer 33

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.

Question 34

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

Answer 34

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

Question 35

174

Answer 35

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

Question 36

Define certificate

Answer 36

– 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.”

Question 37

who are persons liable for falsification of certificates

Answer 37

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.

Question 38

Art 175 & elements

Answer 38

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

Question 39

Art 176

Answer 39

Manufacturing and Possession of Instruments and Implements for Falsificatino

Question 40

What are the acts punished under art. 176?

Answer 40

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.

Question 41

Is constructive possession punishable under this article?

Answer 41

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

Question 42

177

Answer 42

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

Question 43

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

Question 44

What are the forms of usurpation in art. 177?

Answer 44

1. Usurpation of authority 2. Usurpation of official functions

Question 45

178

Answer 45

Using fictitious name and concealing true name

Question 46

What is fictitious name?

Answer 46

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

Question 47

fictitious name v concealing true name

Answer 47

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

Question 48

179

Answer 48

Illegal use of uniform or insignia

Question 49

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

Answer 49

no

Question 50

notes

Answer 50

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.

Question 51

180

Answer 51

false testimony against a defendant

Question 52

What is false testimony?

Answer 52

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.

Question 53

What is the nature of the crime of false testimony?

Question 54

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

Answer 54

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

Question 55

181

Answer 55

false testimony favorable to the defendant

Question 56

182

Answer 56

false testimony in civil cases

Question 57

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

Answer 57

does not apply

Question 58

183

Answer 58

perjury

Question 59

What are the two ways of committing perjury?

Answer 59

1. falsely testifying under oath 2. making a false affidavit

Question 60

What are the elements of perjury?

Answer 60

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.

Question 61

What is an oath?

Answer 61

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

Question 62

What is subornation of perjury?

Answer 62

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.

Question 63

What is meant by 'material matter'?

Answer 63

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.

Question 64

What is an affidavit?

Answer 64

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

Question 65

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

Answer 65

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.

Question 66

Is good faith or lack malice a defense in perjury?

Answer 66

yse (Pp. v. abaya)

Question 67

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

Answer 67

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

Question 68

184

Answer 68

Offering false testimony in evidence

Question 69

Art 185

Answer 69

Machination in public auctions

Question 70

acts punsihed 185

Answer 70

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.

Question 71

what is the purpose of public auction

Question 72

what is the test of unfair competition

Question 73

186

Answer 73

Monopolies & Combinations in Restraint of Trade

Question 74

acts punishable

Answer 74

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.

Question 75

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

Answer 75

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

Question 76

Art 187

Answer 76

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

Question 77

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

Question 78

what is punished in art 187

Answer 78

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

Question 79

188

Answer 79

Substituting and altering trademarks, trade names or service marks

Question 80

what is a trademark? trade name

Answer 80

mermaid trademark, Starbucks

Question 81

What is the purpose of public auction?

Question 82

What are the two acts punishable under art. 185?

Question 83

189

Answer 83

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

Question 84

acts punished in 189

Answer 84

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**)