TITLE 4: CRIMES AGAINST PUBLIC 15.

Manufacturing and
INTEREST Possession of Instruments or
Implements for Falsification
1. Counterfeiting the Great Seal of
the Government of the Philippine 16. Usurpation of Authority or Official
Islands, Forging the Signature or Functions
Stamp of the Chief Executive
17. Using Fictitious and Concealing
2. Using Forged Signature or True Name
Counterfeit Seal or Stamp
18. Illegal Use of Uniforms and
3. Making and Importing and Insignia
Uttering False Coins
19. False Testimony against a
4. Mutilation of Coins Defendant

5. Selling of False or Mutilated 20. False Testimony Favorable to the

Coin, without Connivance Defendant

6. Forging Treasury or Bank Notes 21. False Testimony Favorable to the

or Other Documents Payable to Defendant
Bearer; Importing and Uttering
Such False or Forged Notes and 22. False Testimony in Other Cases
Documents and Perjury in Solemn Affirmation

7. Counterfeiting, Importing, and 23. Offering False Testimony in

Uttering Instruments Not Evidence
Payable to Bearer
24. Machinations in Public Auctions
8. Illegal Possession and Use of
False Treasury or Bank Notes 25. Monopolies and Combinations in
and Other Instruments of Credit Restraint of Trade

9. Falsification of Legislative 26. Importation and Disposition of

Documents Falsely Marked Articles or
Merchandise
10. Falsification by Public Made of Gold, Silver, or other Precious
Officer, Employee or Notary or Metals or their Alloys
Ecclesiastical Minister
27. Subsisting and altering trade-
11. Falsification by Private mark, trade-names, or service marks.
Individual and Use of Falsified
Documents 28. Unfair competition, fraudulent
registration of trade-mark, trade-name
12. Falsification of Wireless, or service mark, fraudulent
Cable, Telegraph and Telephone designation of origin, and false
Messages, and Use of Said description.
Falsified Messages

13. False Medical Certificates,

False Certificates of Merits of
Service, Etc.

14. Using False Certificates

  Although the general rule is that he
should be punished by a penalty of
two degrees lower, under Article 162
he is punished by a penalty only one
degree lower. [Id.]
Counterfeiting the Great Seal of the MAKING AND IMPORTING AND
Government of the Philippine Islands, UTTERING FALSE COINS
Forging the Signature or Stamp of the
Chief Executive Elements:

Act Punished: 1. That there be false or counterfeited coins

(need not be legal tender).
1. Forging the great seal of the
Government 2. That the offender either made, imported
or uttered such coins.
2. Forging the signature of the President
3. That in case of uttering such false or
3. Forging the stamp of the President counterfeited coins, he connives with
counterfeiters or importers.
 Forgery - Falsely making or
materially altering, with intent to Coin is counterfeit – if it is forged, or if it
defraud, any writing which, if is not an article of the government as legal
genuine, might apparently be of tender, regardless if it is of no value
legal efficacy or the foundation of a
legal liability. Counterfeiting – imitation of legal or
genuine coin (may contain more silver,
 The Great Seal shall be and remain different design) such as to deceive an
in the custody of the President of the ordinary person in believing it to be
Philippines. genuine

USING FORGED SIGNATURE OR Kinds of Coins Covered by the Crime 1.

COUNTERFEIT SEAL OR STAMP Silver coins of the Philippines or coin of the
Central Bank (CB); 2. Coins of minor
Elements: coinage of the Philippines or CB; or 4. Coin
of the currency of a foreign country
1. That the great seal of the republic was
counterfeited or the signature or stamp of Punishable regardless of whether or not it is
the chief executive was forged by another in official circulation
person.
MULTILATION OF COINS –
2. That the offender knew of the IMPORTATION AND UTTERANCE
counterfeiting or forgery.
Elements of Mutilation:
3. That he used the counterfeit seal or
forged signature or stamp. 1. Coin mutilated is of Legal tender;
and
4. Offender is NOT the forger/not the cause
of the counterfeiting 2. Offender Gains from the precious
metal dust abstracted from the coin
 Offender under this article should not
be the forger. Otherwise, he will be Elements of Importing or Uttering
penalized under Article 161. The Mutilated Coins:
participation of the offender is in
effect that of an accessory.
 1. Offender Imported or uttered
mutilated coins; and

2. In case of uttering, the offender must

have Connived with the mutilator or Forging Treasury or Bank Notes or
importer Other Documents Payable to Bearer;
Importing and Uttering Such False or
 This has been repealed by PD 247 Forged Notes and Documents
or an Act Prohibiting and
Penalizing Defacement, Elements:
Mutilation, Tearing, Burning or
Destruction of Central Bank 1. There is an instrument payable to
Notes and Coins. Under this PD, Bearer; and
the acts punishable are: 2. The offender commits any of the
 willful defacement, mutilation, following acts:
tearing, burning a) Forging or falsity of treasury/bank
 destruction of Central Bank notes or documents payable to
notes and coins bearer
b) Importing of such notes
 Mutilation – to take off part of the c) Uttering of such false or forged
metal either by filling it or obligations and notes in connivance
substituting it for another metal of with forgers and importers
inferior quality, to diminish by
inferior means (to diminish metal
contents). Forging– By giving any treasury or bank
 Foreign notes and coins not included. note, or any instrument payable to bearer,
Must be legal tender. or to order the appearance of a true and
 Must be intention to mutilate. genuine document.

Selling of False or Mutilated Coin, Falsification – By erasing, substituting,

without Connivance counterfeiting or altering by any means,
the figures, letters, words, or signs
Acts Punished: contained therein.
1. Possession of coin, counterfeited or
mutilated by another person, with Counterfeiting, Importing, and
intent to utter the same, knowing Uttering Instruments Not Payable to
that it is false or mutilated; or Bearer
2. Actually, uttering such false or
mutilated coin, knowing the same to Elements:
be false or mutilated.
1. There is an Instrument payable to
Constructive Possession - Possession Order or other document of credit
prohibited in this article is not only actual not payable to bearer;
and physical possession, but also that of a 2. Offender either Forged, imported or
constructive one, or the subjection of the uttered such instrument; and
thing to one’s control. The possessor should 3. In case of uttering, he connived with
not be the counterfeiter, mutilator or the forger or importer.
importer of the coins.
Payable to Order- An instrument is
payable to order where it is drawn payable
to the order of a specified person or to him
or his order.
 order, the appearance of a true and
genuine document

Illegal Possession and Use of False 3. By erasing, substituting, counterfeiting,

Treasury or Bank Notes and Other altering by any means the figures, letters
Instruments of Credit or words, or signs contained therein.

Elements: Falsification of Legislative Documents

1. Any treasury or bank Note or certificate Elements:

or other obligation and security:
a. another is an instrument payable to 1. There is a Bill, resolution or
bearer, to order or other document of ordinance enacted or approved or
credit not payable to bearer; pending approval by either House of
b. Said instrument is forged or falsified by the Legislature or any provincial
another person; board or municipal council;
2. Offender Alters the same;
2. Offender Knows that any of those 3. He has no proper Authority; and
instruments is forged or falsified; and 4. Alteration has changed the meaning
of the documents.
3. He either – a. Uses any of such forged or
falsified instruments; or b. Possesses the Falsification by Public Officer,
same, with intent to use Employee or Notary or Ecclesiastical
Minister (ART 171)
Presumption of Material Author - The
rule is that if a person had in his possession Elements:
a falsified document and he made use of it,
taking advantage of it and profiting 1. Offender is a Public officer,
thereby, the presumption is that he is the employee, or notary public;
material author of the falsification. 2. He takes Advantage of his official
position; and
How Forgery is Committed 3. He Falsifies a document by
committing any of the following acts:
Acts punished:
a) Counterfeiting or imitating any
1. By Giving to a treasury or bank note handwriting, signature or rubric;
or any instrument payable to bearer b) Causing it to Appear that persons
or to order mentioned therein, the have participated in any act or
appearance of a true and genuine proceeding when they did not in fact
document; or so participate;
c) Attributing to persons who have
2. By Erasing, substituting, participated in an act or proceeding
counterfeiting, or altering by any statements other than those in fact
means the figures, letters, words, or made by them;
sign contained therein. d) Making Untruthful statements in a
narration of facts;
Forgery includes falsification and e) Altering true Dates;
counterfeiting. f) Making any alteration or intercalation
How forgery is committed: in a genuine document which
changes its Meaning;
1. If all acts done but genuine appearance g) Issuing in an Authenticated form:
is not given, the crime is frustrated a) A document purporting to be a
copy of an original document
2. By giving to a treasury or bank note or when no such original exists,
any instrument payable to bearer or to or
 b) Including in such a copy a 3. He Introduced said document in
statement contrary to, or evidence in any judicial proceeding.
different from, that of the
genuine original; and h. Elements in use in any other
Intercalating any instrument transaction:
or note relative to the 1. Offender Knew that a document was
issuance thereof in a protocol, falsified by another person;
registry, or official book. 2. False document is Embraced in
Articles 171 or 172 (1 or 2);
Falsification by Private Individual and 3. He Used such document;
Use of Falsified Documents 4. The use caused Damage to another
or at least used with intent to cause
Mode 1: Falsification of public, official damage.
or commercial document by a private
individual Elements: GR: Wrongful Intent Not Required in Public
Documents
1. Offender is a Private individual or
Public officer or employee who did EXCEPTIONS: Exceptions: In case of public
Not take advantage of his official and commercial documents
position;
2. He committed any act of Falsification Presumption The possessor of a falsified
(Art. 171); document is presumed to be the author of
3. The falsification was committed in a the falsification.
public, official, or commercial
Document or letter of exchange Falsification of Wireless, Cable,
Telegraph and Telephone Messages,
Mode 2: Falsification of private and Use of Said Falsified Messages
document by any person Elements: (ART. 173)

1. Offender committed any of the acts Mode 1: Uttering fictitious wireless,

of Falsification except Article 171(7), telegraph or telephone message
that is: a. Issuing in an authenticated Elements:
form a document purporting to be a
copy of an original document when 1. Offender is an Officer or employee of
no such original exists, or b. the government or an officer or
Including in such a copy a statement employee of a private corporation,
contrary to, or different from, that of engaged in the service of sending or
the genuine original; receiving wireless, cable or
telephone message; and
2. Falsification was committed in any 2. He utters fictitious wireless, cable,
Private document; telegraph or telephone message.

3. Falsification causes Damage to a Mode 2: Falsifying wireless, telegraph

third party or at least the falsification or telephone message
was committed with intent to cause Elements:
such damage
1. Offender is an officer or employee of
Mode 3: Use of falsified document the government or an officer or
Elements in introducing in a judicial employee of a private corporation,
proceeding engaged in the Service of sending or
receiving wireless, cable or
1. Offender Knew that the document telephone message; and
was falsified by another person; 2. He falsifies wireless, cable, telegraph
2. The False document is in Articles 171 or telephone message.
or 172 (1 or 2);
Mode 3: Using such falsified message b) Public officer issues a false certificate
Elements: of Merit of service, good conduct or
similar circumstances;
1. Offender Knew that wireless, cable, c) Private Person falsifies a certificate
telegraph, or telephone message falling within the 2 preceding
was falsified by an officer or subdivisions.
employee of the government or an
officer or employee of a private 2. Offender Knows that the certificate
corporation engaged in the service of was false;
sending or receiving wireless, cable
or telephone message; 3. He Uses the same
2. He Used such falsified dispatch; and
3. The use resulted in the prejudice of a Manufacturing and Possession of
third party or at least there was Instruments or Implements for
intent to cause such prejudice. Falsification (Art. 176)

Employee of a Corporation A private Acts punished:

individual cannot be a principal by direct
participation in falsification of telegraphic 1. Making or Introducing into the
dispatches under Article 173, unless he is Philippines any stamps, dies, marks,
an employee of a corporation engaged in or other instruments or implements
the business of sending or receiving for counterfeiting or falsification; or
wireless, telegraph or telephone messages.
But a private individual can be held 2. Possession with Intent to use the
criminally liable as principal by inducement. instruments or implements for
counterfeiting or falsification made in
or introduced into the Philippines by
False Medical Certificates, False another person.
Certificates of Merits of Service, Etc.
Constructive Possession as in Article
Persons liable: 165, the possession contemplated here is
constructive possession. The implements
1. Physician or surgeon - issues a confiscated need not form a complete set.
false certificate in connection with
the practice of his profession (it must Usurpation of Authority or Official
refer to the illness or injury of a Functions
person);
2. Public Officer - issues a false USURPATION OF AUTHORITY Elements:
certificate of merit of service, good
conduct or similar circumstances; or 1. Any person
3. Private person - falsifies a 2. Knowingly and falsely represents
certificate falling within the classes himself to be an officer, agent or
mentioned in the two preceding representative of any department or
subdivisions. agency of the Philippine or any foreign
gov’t.
Using False Certificates
 The mere act of knowingly and
Elements: falsely representing oneself to be an
officer is sufficient. It is not
1. False certificate was Issued by the necessary that he perform an act
following: pertaining to a public officer.
a) Physician or surgeon issues a false
Medical certificate, in connection USURPATION OF OFFICIAL FUNCTIONS
with the practice of his profession; Elements:
1. By performing an act pertaining to any 1. That the offender makes use of insignia,
person in authority or public officer of uniform or dress.
the Phil gov’t or foreign gov’t 2. That the insignia, uniform or dress
2. under the pretense of such official pertains to
position, and  an office not held by the offender or
3. Without being lawfully entitled to do so.  To a class of persons of which he is
not a member.
3. That said insignia, uniform or dress is
 In usurpation of official functions, it is used publicly and improperly.
essential that the offender should
have performed an act pertaining to General Rule: The offender must make
a person in authority or public use of insignia, uniforms or dresses with
officer, in addition to other intent to deceive.
requirements.
Exceptions: Intent is not necessary under:
 Good Faith as Defense In
prosecutions for usurpation of official 1. RA No. 492 – punishes the wearing
functions, good faith is recognized as of insignia, badge or emblem of rank
a defense. of the members of the AFP. [Sec. 2]
2. RA No. 75 – punishes the
Using Fictitious and Concealing True unauthorized wearing of any naval,
Name military, police or other official
uniform, decoration or regalia of a
USING FICTITIOUS NAME Elements: foreign State or one nearly
resembling the same, with intent to
1. That the offender uses a name other deceive or mislead. [Sec. 3]
than his real name. 3. EO No. 297 – punishes the illegal
2. That he uses that fictitious name publicly manufacture, sale, distribution and
and improperly use of PNP uniforms, insignias and
3. That the purpose of the offender is – other accoutrements
 To conceal a crime,
 To evade the execution of a FALSE TESTIMONY AGAINST A
judgment, or DEFENDANT
 To cause damage to public interest.
(ex. Signing fictitious name for a Element:
passport) 1. That there be a criminal proceeding.
2. That the offender testifies falsely under
Damage must be to Public Interest If oath against the defendant therein.
the purpose is for causing damage, it must 3. That the offender who gives false
be damage to public interest. If it is testimony knows that it is false.
damage to private interest, the crime will 4. That the defendant against whom the
be estafa under Art 315 2(a). false testimony is given is either acquitted
or convinced in a final judgment
CONCEALING TRUE NAME Elements: (prescriptive period starts at this point)

1. That the offender conceals – Liability of Witness - Witness who gave

2. His true name, and the false testimony is liable even if his
3. All other personal circumstances. testimony was not considered by the court.
4. That the purpose is only to conceal his
identity. Finality of Judgment- Complainant must
wait for the finality of judgment in the case
where the false testimony was given
ILLEGAL USE OF UNIFORM OR INSIGNIA because the penalty for the violation of Art.
180 depends upon the penalty imposed by
Elements:
the court in the case of the defendant, FALSE TESTIMONY IN OTHER CASES
wherein the false testimony was given. AND PERJURY IN SOLEMN
AFFIRMATION
Rule: Defendant must be sentenced to at
least a correctional penalty or a fine, or Acts Punished
must be acquitted. Hence, when the
accused is sentenced by arresto menor, he 1. Falsely Testifying under oath; or
shall not be liable for false testimony 2. Making a false affidavit. NOTE: The
false testimony should not be in a
False Testimony Favorable to the judicial proceeding.
Defendant
Oath – Any form of attestation by which a
Elements: person signifies that he is bound by
conscience to perform an act faithfully and
1. A person gives false testimony; truthfully.
2. In Favor of the defendant;
3. In a Criminal case. Affidavit – sworn statement in writing;
declaration in writing, made upon oath
Testimony need not be Beneficial to the before an authorized magistrate or officer.
Defendant the testimony need not be
beneficial to the defendant. It is not Perjury
necessary that the testimony should
directly influence the decision of acquittal, Elements:
it is sufficient that it was given with the
intent to favor the accused. 1. Offender Makes a statement under
oath or executes an affidavit upon a
FALSE TESTIMONY IN CIVIL CASES material matter;
2. Statement or affidavit is made
Elements: Before a competent officer,
authorized to receive and administer
1. False testimony is given in a Civil oaths;
case; 3. Offender makes a Willful and
2. Testimony Relates to the issues deliberate assertion of a falsehood in
presented in said case; the statement or affidavit;
3. Offender Knows that testimony is 4. The sworn statement or affidavit
false; containing the falsity is Required by
4. Testimony is Malicious; and law; made for a legal purpose
5. It was given with an Intent to affect
the issues in said case.  Perjury is a crime other than false
testimony under Arts. 180 to 182; it
Suspension of Criminal Action Pending the is an offense which covers false
determination of the falsity of the subject oaths not taken in the course of
testimonies in the civil case, the criminal judicial proceedings.
action for false testimony must be
suspended.  No Perjury through Negligence
or Imprudence

 Subornation of Perjury - is
committed by a person who
knowingly and willfully procures
another to swear falsely and the
witness suborned does testify under
circumstances rendering him guilty
of perjury as a principal by
inducement
 Importation and Disposition of Falsely
 There is no perjury if the sworn Marked Articles or Merchandise Made
statement is not important, essential of Gold, Silver, or other Precious
or material. Metals or their Alloys (Art. 187)

OFFERING FALSE TESTIMONY IN Elements:

EVIDENCE
1. Offender Imports, sells or disposes of
Elements: any of those articles or merchandise
(i.e. gold, silver, other precious
1. Offender Offers in evidence a false metals or their alloys)
witness or testimony;
2. He Knows that the witness or the 2. The stamps, brands, or marks of
testimony was false; those articles of merchandise Failto
3. The offer was made in any judicial or indicate the actual fineness or
official proceeding. quality of said metals or alloys

Machinations in Public Auctions 3. Offender Knows of such failure to

indicate the actual fineness or
Mode 1 Soliciting gifts or promises quality of the metals or alloys Article
Elements: 187 does not apply to the
manufacturer of misbranded articles
1. There is a Public auction – he would be liable for estafa under
2. Offender Solicits any gift or a Art. 315(2)(b).
promise from any of the bidders
3. Such gift or promise is the
Consideration for his refraining from
taking part in that public auction
4. Offender has the Intent to cause the
reduction of the price of the thing
auctioned.

Mode 2 attempting to cause bidders to

stay away by threats, gifts, promises
or any other artifice Elements:

1. There is a Public auction

2. Offender Attempts to cause the
bidders to stay away from that public
auction
3. It is done by Threats, gifts, promises
or any other artifice
4. Offender has the Intent to cause the
reduction of the price of the thing
auctioned.

Monopolies and Combinations in

Restraint of Trade

This article has been repealed by the

Philippine Competition Act, which was
signed into law on July 21, 2015.