Name: Jasmine M.

Cruz
Bernadette G. Doria

TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

CHAPTER ONE: FORGERIES
SECTION ONE: FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

ARTICLE DEFINATION ELEMENTS

ART 161. The penalty of reclusion temporal shall 1. Forging the great seal of the
COUNTERFEITING THE be imposed upon any person who shall Government
GREAT SEAL OF THE forge the Great Seal of the Government 2. Forging the signature of the President
GOVERNMENNT OF THE of the Philippine Islands or the 3. Forging the stamp of the President
PHILIPPINE ISLANDS, signature or stamp of the Chief
FORGING THE SIGNATURE Executive. • When the signature of the President is
OR STAMP OF THE CHIEF forged, it is not falsification but forging of
EXECUTIVE signature under this article
• Signature must be forged, others signed it –
not the President.

ART 162. The penalty of prisión mayor shall be 1. That the great seal of the republic was
USING FORGED SIGNATURE imposed upon any person who shall counterfeited or the signature or
OR COUNTERFEIT SEAL OR knowingly make use of the counterfeit
STAMP seal or forged signature or
 stamp mentioned in the preceding stamp of the chief executive was forged
article. 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.

• Offender is NOT the forger/not the cause

of the counterfeiting

SECTION TWO
COUNTERFEITING COINS

ART 163. Any person who make, imports, or 1. That there be false or counterfeited coins
MAKING AND IMPORTING utters false coins, in connivance with (need not be legal tender).
AND UTTERING FALSE counterfeiters, or importers, shall suffer: 2. That the offender either made, imported
COINS or uttered such coins.
1. Prisión correccional in its
3. That in case of uttering such
minimum and medium
periods and a fine not to exceed Four
hundred thousand pesos (₱400,000), if
the counterfeited coins be
any of the coinage of the Philippines. false or counterfeited coins, he connives
with counterfeiters or importers.
2. Prisión correccional in its minimum
period and a fine not to exceed Two • Coin is counterfeit – if it is forged, or if it is
hundred thousand pesos (₱200,000), if not an article of the government as legal
the counterfeited coin be currency of a tender,
foreign country. regardless if it is of no value
(as (as amended by R.A. No. 10951) • Counterfeiting – imitation of legal or
genuine coin (may contain more silver,
different design) such as to deceive an
ordinary person
in believing it to be genuine
• Utter – to pass counterfeited coins, deliver
or give away
• Import – to bring to port the same
• Both Philippine and foreign state coins
• Applies also to coins withdrawn from
circulation

• Essence of article: making of coins without

authority
 ART 164. The penalty of prisión correccional in This has been repealed by PD 247. Under this PD,
MUTILATION OF COINS its minimum period and a fine not to the acts punishable are:
IMPORTATION AND exceed Four hundred thousand pesos
UTTERANCE OF MUTILATED (₱400,000) shall be imposed upon any 1. willful
COINS person who shall mutilate coins of the defacement
legal currency of the Philippines or 2. mutilation
import or utter mutilated current coins, 3. tearing
or in connivance with mutilators or
4. burning
importers. (as amended by R.A. No.
10951) 5. destruction of Central Bank notes and
coins

• Mutilation – to take off part of the metal

either by
filling it or substituting it for another
metal of inferior quality, to diminish by
inferior means (to diminish metal
contents).
• Foreign notes and coins not included.
Must be legal tender.
• Must be intention to mutilate.

ART 165. The person who knowingly, although 1. actually uttering, and
SELLING OF FALSE OR without the connivance mentioned in 2. knowledge.
MUTILATED COIN, the preceding articles, shall possess false
WITHOUT or mutilated
CONNIVANCE
coin with intent to utter the same, or • Possession does not require legal tender in
shall actually utter such coin, shall foreign coins
suffer a penalty lower by one degree • Includes constructive possession
than that prescribed in said articles • Read RA 427
 SECTION THREE
FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND
UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES

ART 166. The forging or falsification of treasury • Acts punishable:

FORGING TREASURY OR or bank notes or certificates or other
BANK NOTES, obligations and securities payable to 1. Forging or falsity of treasury/bank notes
OBLIGATIONS AND bearer and the importation and uttering or documents payable to bearer
in connivance with forgers or importers
SECURITIES; IMPORTING
of such false or forced obligation or
2. Importing of such notes
AND UTERRING FALSE OR 3. Uttering of such false or forged
notes shall be punished as follows:
FORGED NOTES, obligations and notes in connivance with
OBLIGATIONS AND 1. By reclusion temporal in its forgers and importers
SECURITIES minimum period and a fine not to
exceed two million pesos (₱2,000,000), • Forging – by giving a treasury or bank
if the document which has been note or document payable to
falsified, counterfeited, or altered is an bearer/order an appearance of a true
obligation or security of the
Philippines.

The words ‘obligation or security of the

Philippines’
shall mean all bonds, certificates of and genuine
indebtedness, national bank notes, document
coupons, Philippine notes, treasury notes, • Falsification – by erasing, substituting,
fractional notes, certificates of deposit, counterfeiting or altering by any means the
bills, checks, or drafts for money, drawn by figures and letters, words, signs contained
or upon authorized officers of the therein
Philippines, and other representatives of • E.g. falsifying – lotto or sweepstakes ticket.
value, of whatever denomination, which Attempted estafa through falsification of an
have been or may be issued under any act obligation or security of the Phil
of Congress. • PNB checks not included here – it’s
falsification of commercial document
2. By prisión mayor in its maximum under Article 172
period and a fine not to exceed one million • Obligation or security includes: bonds,
pesos (₱1,000,000), if the falsified or altered certificate of indebtedness, bills, national
documents is a circulating note issued by bank notes, coupons, treasury notes,
any banking association duly authorized by certificate of deposits, checks, drafts for
law to issue the same. money, sweepstakes money

3. By arresto mayor in its medium

period and a fine not to exceed one million
pesos (₱1,000,000), if the falsified or
counterfeited document was issued by a
foreign government.

4. By prisión mayor in its minimum

period and a fine not to exceed Four
hundred thousand pesos (₱400,000), when
the forged or altered document is a
circulating note or bill issued by a foreign
bank duly

authorized therefor. (as amended by R.A.

No. 10951)
 ART 167. Any person who shall forge, import or 1. That there be an instrument payable to
COUNTERFEITING, utter, in connivance with the forgers or order or other document of credit not
IMPORTING, AND importers, any instrument payable to payable to bearer.
UTTERING INSTRUMENTS order or other document of credit not 2. That the offender either forged, imported
payable to bearer, shall suffer the or uttered such instruments.
NOT PAYABLE TO BEARER
penalties of prisión correccional in its
3. That in case of uttering, he connived
medium and maximum periods and a fine
not exceeding one million two hundred with the forger or importer.
thousand pesos
(₱1,200,000). (as amended by R.A. No.
10951)

ART 168. 1. That any treasury or bank note or

ILLEGAL POSSESION AND Unless the act be one of those coming certificate or other obligation and
USE OF FALSE TREASURY under the provisions of any of the security payable to bearer, or any
OR BANK NOTES AND preceding articles, any person who shall instrument payable to order or other
OTHER INSTRUMENTS OF knowingly use or have in his possession, document of credit not payable to bearer
with intent to use any of the false or is forged or falsified by another person.
CREDIT
falsified instruments referred to in this 2. That the offender knows that any of
section, shall suffer the penalty next lower those instruments is forged or falsified.
in degree than that prescribed in said 3. That he performs any of these acts –
articles 1. using any of such forged or
 falsified instrument, or
2. possessing with intent to use
any of such forged or falsified
instrument.

• Act sought to be punished: Knowingly

possessing with intent to use any of such
forged treasury or bank notes

ART 169. The forgery referred to in this section may 1. By giving to a treasury or bank
HOW FORGERY IS be committed by any of the following note or any instrument payable to
COMMITTED means 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.
 SECTION FOUR
FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE DOCUMENTS, AND WIRELESS,
TELEGRAPH, AND TELEPHONE MESSAGE.

ART 170. The penalty of prisión correccional in its 1. That these be a bill, resolution or
FALSIFICATION OF maximum two hundred thousand pesos ordinance enacted or approved or
LEGISLATIVE (₱1,200,000) shall be imposed upon any pending approval by the national
DOCUMENTS person who, without proper authority assembly or any provincial board or
therefor alters municipal council.
any bill, resolution, or ordinance enacted 2. That the offender (any person) alters the
or approved or pending approval by either same.
House of Congress or any provincial 3. That he has no proper authority
board or municipal council. (as amended therefor.
by R.A. No. 10951) 4. That the alteration has changed the
meaning of the document.

• Accused must not be a public official

entrusted with the custody or possession
of such document otherwise Art 171
applies.

ART 171. The penalty of prisión mayor and a fine 1. That the offender is a public officer,
FALSIFICATION BY not to exceed One million pesos employee, or notary public.
PUBLIC OFFICER, (₱1,000,000) shall be
EMPLOYEE OR NOTARY
OR ECCLESIASTICAL imposed upon any public officer, 2. That he takes advantage of his official
MINISTER employee, or notary who, taking position.
advantage of his of 3. That he falsifies a document by
position shall falsify a committing any of the following acts:
document by committing any of the 1. Counterfeiting or imitating any
following acts: handwriting, signature or
rubric.

ART 172. The penalty of prisión correccional in its 1. That the offender is a private individual
FALSIFICATION BY medium and maximum periods and a fine or a public officer or employee who did
PRIVATE INDIVIDUALS of not more than One million pesos not take advantage of his official
AND USE OF FALSIFIED (₱1,000,000) shall be imposed upon: position.
INSTRUMENTS 2. That he committed any of the acts of
1. Any private individual who shall falsification enumerated in ART.
commit any of the falsifications 171.
enumerated in the next preceding article 1. Counterfeiting or imitating any
in any public or official document or letter handwriting, signature or
of exchange or any other kind of rubric.
commercial document;
2. Causing it to appear that
persons have participated in
2. Any person who, to the damage of
any act or proceeding when
a third party, or with the intent to cause
they did not in fact so
such damage, shall in any private
participated.
document commit any of the acts of
falsification enumerated in the next
preceding article; and
 3. Attributing to persons who
3. Any person who shall knowingly have participated
introduce in evidence in any judicial in an act or proceeding
proceeding or to the damage of another or statements other than
who, with the intent to cause such those in fact made by them.
damage, shall 4. Making untruthful statements
use any of the false documents embraced in a narration of facts;
in the next preceding article, or in any of 5. Altering true dates.
the foregoing subdivisions of this article,
shall be punished by the penalty next 6. Making any alteration or
lower in degree. (as amended by intercalation
R.A. No. 10951) in a genuine document which
changes its meaning.
7. That the falsification was
committed in any public or
official or
commercial document.

• Under this paragraph, damage is not

essential, it is presumed
• Defense: lack of malice or criminal intent
• The following writings are public:
• Examples of commercial documents – warehouse
receipts, airway bills, bank checks, cash files,
deposit slips and bank statements, journals,
books, ledgers, drafts, letters of credit and other
negotiable instruments
• Cash disbursement vouchers or receipts
evidencing payments are not commercial
documents
• A mere blank form of an official document is
not in itself a document
• The possessor of falsified document is presumed
to be the author of the falsification

1. the written acts or records of cats of the

sovereign authority of official bodies and
tribunals, and of the public officers, legislative,
judicial and executive, whether of the
Philippines or of a foreign country.
2. Public records kept in the Philippines
 ART 173. The penalty of prisión correccional in its 1. That the offender is an officer or
FALSIFICATION OF medium and maximum periods shall be employee of the government or an
WIRELESS, CALBE, imposed upon officer or employee of the officer or employee of a private
TELEGRAPH, AND Government or of any private corporation corporation, engaged in the service of
or concern engaged in the service of sending or receiving wireless, cable or
TELEPHONE MESSAGES,
sending or receiving wireless, cable or telephone message.
AND USE OF SAID
telephone message who utters a fictitious 2. That the accused commits any of the
FALSIFIED MESSAGES wireless, telegraph or telephone message following acts:
of any system or falsifies the same.
– uttering fictitious wireless, cable, telegraph,
Any person who shall use such falsified or telephone message, or
dispatch to the prejudice of a third party or
with the intent of cause such prejudice, – falsifying wireless, cable, telegraph, or
shall suffer the penalty next lower in telephone message
degree

SECTION FIVE
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICES AND THE LIKE

ART 174. The penalties of arresto mayor in its 1. Physician or surgeon who, in connection
FALSE MEDICAL maximum period to with the practice of his profession, issued a
CERTIFICATES, FALSE prisión correccional in its minimum false certificate (note: such certificate must
CERTIFICATESBOF MERIT period and a fine not to exceed Two refer to the
OR hundred thousand pesos (₱200,000) shall
SERVICE, ETC be imposed upon
 illness or injury of a person)
2. Public officer who issued a false certificate of
merit of service, good conduct or similar
circumstances
3. Private individual who falsified a certificate
under
(1) and (2)

ART 175. The penalty of arresto menor shall 1. That a physician or surgeon has issued a
USING FALSE be imposed upon any one who shall false medical certificate, or a public officer
CERTIFICATES knowingly use any of the false certificates has issued a false certificate of merit or
mentioned in the next preceding articles. service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the certificate
was false.
3. That he used the same.
 SECTION SIX
MANUFACTURING, IMPORTING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR
THE COMMISSION OF FALSIFICATION

ART 176. The penalty of prisión correccional in its 1. Making or introducing into the Philippines
MANUFACTURING AND medium and maximum periods and a any stamps, dies or marks or other
POSSESION OF fine not to exceed One million pesos instruments or implements for counterfeiting
INSTRUMENTS OR (₱1,000,000) shall be imposed upon any or falsification
person who shall make or introduce into 2. Possessing with intent to use the instruments
IMPLEMENTS FOR
the Philippines any stamps, dies, marks, or implements for counterfeiting
FALSIFICATION
or other instruments or implements or falsification made in or introduced into
intended to be used in the commission of the Philippines by another person
the offenses of counterfeiting or
falsification mentioned in the preceding • Theimplement confiscated need not form a
section of this Chapter. complete set
• Constructive possession is also punished
Any person who, with the intention of
using them, shall have in his possession
any of the instruments or implements
mentioned in the preceding paragraphs,
shall suffer the penalty next lower in
degree than that provided therein. (as
amended by R.A. No. 10951)
 CHAPTER TWO OTHER FALSIFICATION
SECTION ONE
USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA

ART 177. Any person who shall knowingly and 1. By knowingly and falsely representing
USURPATION OF falsely represent himself to be an officer, oneself to be an officer, agent or
AUTHORITY agent or representative of any representative of any department or agency
OR OFFICIAL FUNCTIONS department or agency of the Philippine of the Philippine gov’t or any foreign gov’t.
Government or of any foreign 2. By performing an act pertaining to any
government, or who, under pretense of person in authority or public officer of the
official position, shall perform any act Phil gov’t or foreign gov’t under the pretense
pertaining to any person in authority or of such official position, and without being
public officer of the Philippine lawfully entitled to do so.
Government or any foreign government,
• In usurpation of authority: The mere act of
or any agency thereof, without being knowingly and falsely representing oneself is
lawfully entitled to do so, shall suffer the sufficient. Not necessary that he performs an
penalty of prisión correccional in its act pertaining to a public officer.
minimum and medium periods. • In usurpation of official functions: It is
(Restored by E.O. No. 187) essential that the offender should have
performed an act
 pertaining to a person in authority
• A public officer may also be an offender
• The act performed without being lawfully
entitled to do so must pertain:

1. to the gov’t
2. to any person in authority
3. to any public office

ART 178. The penalty of arresto mayor and a fine 1. That the offender uses a name other than his
USING FICTITIOUS NAME not to exceed One hundred thousand real name.
AND pesos (₱100,000) shall be imposed upon 2. That he uses that fictitious name publicly.
any person who shall publicly use a
CONCEALING TRUE 3. That the purpose of the offender is –
fictitious name for the purpose of
NAME 1. To conceal a crime,
concealing a crime, evading the execution
of a judgment or causing damage. 2. To evade the execution of

Any person who conceals his true name

and other personal circumstances shall be
punished by arresto menor or a
 fine not to exceed Forty thousand pesos a judgment, or
(₱40,000). (as amended by R.A. No. 3. To cause damage to public
10951) interest. (ex. Signing fictitious
name for a passport)

ART 179. The penalty of arresto mayor shall be 1. That the offender makes use of insignia,
ILLEGAL USE OF imposed upon any person who shall uniform or dress.
UNIFORMS OR publicly and improperly make use of 2. That the insignia, uniform or dress pertains
INSIGNIA insignia, uniforms or dress pertaining to to an office not held by the offender or to a
an office not held by such person or to a class of persons of which he is not a
class of persons of which he is not a member.
member.\n (as amended by EO
3. That said insignia, uniform or dress is used
187 (1987))
publicly and improperly.

• an exact imitation of the dress or uniform is

unnecessary

SECTION TWO FALSE TESTIMONY

ART 180. Any person who shall give false 1. That there be a criminal proceeding.
FALSE TESTIMONY testimony against the defendant in any 2. That the offender testifies falsely under
AGAINST criminal case shall suffer:
A DEFENDANT
 1. The penalty of reclusion temporal, oath against the defendant therein.
if the defendant in said case shall have 3. That the offender who gives false testimony
been sentenced to death; knows that it is false.
4. That the defendant against whom the false
2. The penalty of prisión mayor, if the testimony is given is either acquitted or
defendant shall have been sentenced to convinced in a final judgment (prescriptive
reclusion temporal or period starts at this point)
reclusion perpetua;
• Requires criminal intent, can’t be committed
3. The penalty of prisión correccional, through negligence. Need not impute guilt
if the defendant shall have been sentenced upon the accused
to any other afflictive penalty; • The defendant must at least be sentenced to a
and correctional penalty or a fine or must have
been acquitted
4. The penalty of arresto mayor, if the • The witness who gave false testimony is liable
defendant shall have been sentenced to a even if the court did not consider his
correctional penalty or a fine, or shall have testimony
been acquitted. • Penalty is dependent upon sentence imposed
on the defendant
In cases provided in subdivisions 3 and 4
of this article the offender shall further a
fine not to exceed Two hundred thousand
pesos
(₱200,000). (as amended by
R.A. No. 10951)

ART 181. Any person who shall give false testimony • False testimony by negative statement is in
FALSE TESTIMONY in favor of the defendant in a criminal favor of the defendant
FAVORABLE TO THE case, shall suffer the penalties of arresto • False testimony need not in fact benefit the
DEFENDANT mayor in its maximum period of prisión defendant
correccional in its
 minimum period and a fine not to exceed • A statement of a mere opinion is not
Two hundred thousand pesos (₱200,000), punishable
if the prosecution is for a felony • Conviction or acquittal is not necessary (final
punishable by an afflictive penalty, and judgement is not necessary). The false
the penalty of arresto mayor in any other testimony need not influence the acquittal
• A defendant who voluntarily goes up on the
case. (as amended by R.A. No. 10951)
witness stand and falsely imputes the offense
to another
person the commission of the offense is
liable under this article. If he merely denies
the commission of the offense, he is not
liable.
• Basis of penalty: gravity of the felony charged
against the defendant

ART 182. Any person found guilty of false testimony 1. That the testimony must be given in a civil
FALSE TESTIMONY IN in a civil case shall suffer the penalty of case.
CIVIL prisión correccional in its minimum 2. That the testimony must relate to the issues
CASES period and a fine not to exceed One presented in said case.
million two hundred thousand pesos
3. That the testimony must be false.
(₱1,200,000), if the amount in controversy
shall exceed 4. That the false testimony must be given by
One million pesos the defendant knowing the same to be false.
(₱1,000,000), and the penalty of arresto 5. That the testimony must be malicious and
mayor in its maximum period to prisión given with an intent to affect the issues
correccional in its minimum presented in the said case
period and a fine not to exceed Two
hundred thousand pesos (₱200,000), if the
amount in controversy
 shall not exceed said amount or cannot be • Not applicable when testimony given in a
estimated. (as amended by R.A. No. special proceeding (in this case, the crime is
10951) perjury)
• Basis of penalty: amount involved in the civil
case

ART 183. The penalty of arresto mayor in its 1. That an accused made a statement under
FALSE TESTIMONY IN maximum period to prisión correccional oath or made an affidavit upon a material
OTHER in its minimum period shall be imposed matter.
CASES AND PERJURY ON upon any person, who knowingly makes 2. That the statement or affidavit was made
untruthful statements and not being before a competent officer, authorized to
SOLEMN AFFIRMATION
included in the provisions of the next receive and administer oath.
preceding articles, shall testify under oath,
3. That in that statement or affidavit, the
or make an affidavit, upon any material
accused made a willful and deliberate
matter before a competent person
assertion of a falsehood, and
authorized to administer an oath in cases
in which the law so requires. 4. That the sworn statement or affidavit
containing the falsity is required by law.
Any person who, in case of a solemn
affirmation made in lieu of an oath, shall
commit any of the falsehoods mentioned
in this and the three preceding articles of
this section, shall suffer the respective
penalties provided therein.

ART 184. Any person who shall knowingly offer in a. That the offender offered in evidence a false
OFFERING FALSE evidence a false witness or testimony in witness or false testimony.
TESTIMONY any judicial or official proceeding, shall be
IN EVIDENCE
 punished as guilty of false testimony and b. That he knew the witness or the testimony
shall suffer the respective penalties was false.
provided in this section.
c. That the offer was made in a judicial or
official proceeding.

• Article applies when the offender without

inducing another, but knowing him to be a
false witness, presented him and the latter
testified falsely in a
judicial or official proceeding
• The false witness need not be convicted of
false testimony. The mere offer is sufficient.

CHAPTER THREE FRAUDS

SECTION ONE
MACHINATIONS, MONOPOLIES AND COMBINATIONS

ART 185. Any person who shall solicit any gift or a. That there be a public auction.
MACHINATIONS IN promise as a consideration for refraining
PUBLIC AUCTIONS from taking part in any public auction, b. That the accused attempted to cause the
and any person who shall attempt to cause bidders to stay away from that public auction
bidders to stay away from an auction by
threats, gifts, promises, or any other c. That it was done by threats, gifts, promises, or
artifice, any other artifice.
 with intent to cause the reduction of the d That the accused had the intent to cause the
price of the thing auctioned, shall suffer reduction of the price of the thing auctioned.
the penalty of prisión correccional in its
minimum period and a fine ranging from
10 to 50 per centum of the value of the
thing auctioned.

ART 186. The penalty of prisión correccional in its 1. combining

MONOPOLIES AND minimum period or a fine ranging from 2. conspiring
COMBINATIONS IN 200 to 6,000 pesos, or both, shall be
imposed upon:
3. agreeing with another person
RESTRAINT OF TRADE

1. Any person who shall enter into 1. to make transactions prejudicial to lawful
any contract or agreement or shall take commerce
part in any conspiracy or combination in 2. to increase the market price of any
the form of a trust or otherwise, merchandise or object
in restraint of trade or commerce or to of commerce manufactured, produced,
prevent by artificial means free processed, assembled or imported into the
competition in the market; Phil

2. Any person who shall monopolize 1. corporation/association

any merchandise or object of trade or 2. agent/representative
commerce, or shall combine with any 3. director/manager – who willingly permitted
other person or persons to monopolize or failed to prevent commission of above
and merchandise or object in order to alter offense
the price thereof by spreading false rumors
or making use of any other article to 1. food substance
restrain 2. motor fuel or lubricants
3. goods of prime necessity
free competition in the
market;

3. Any person who, being a

manufacturer, producer, or processor of
any merchandise or object of commerce
or an importer of any merchandise or
object of commerce from any foreign
country, either as principal or agent,
wholesaler or retailer, shall combine,
conspire or agree in any manner with any
person likewise engaged in the
manufacture, production, processing,
assembling or importation of such
merchandise or object of commerce or
with any other persons not so similarly
engaged for the purpose of making
transactions prejudicial to lawful
commerce, or of increasing the market
price in any part of the Philippines, of any
such merchandise or object
of commerce manufactured, produced,
processed, assembled in or imported into
the Philippines, or of any article in the
manufacture of which such manufactured,
produced, or imported
merchandise or object of commerce is
used.

If the offense
mentioned in this article affects any food
substance, motor fuel or lubricants, or
other articles of prime necessity, the
penalty
shall be that of prisión mayor in its
maximum and medium periods it being
sufficient for the imposition thereof that
the initial steps have been taken toward
carrying out the purposes of the
combination.

Any property possessed under any

contract or by any combination
mentioned in the preceding paragraphs,
and being the subject thereof, shall be
forfeited to the Government of the
Philippines.

Whenever any of the offenses described

above is committed by a corporation or
association, the president and each one of
its agents or representatives in the
Philippines in case of a foreign
corporation or association, who shall have
knowingly

permitted or failed to prevent the

commission of such offense, shall be held
liable as principals thereof.
(as amended by RA
1956 (1957))
 SECTION TWO
FRAUDS IN COMMERCE AND INDUSTRY

ART 187. The penalty of prisión correccional or a a. That the offender imports, sells or
IMPORTATION AND fine ranging from Forty thousand pesos disposes of any of those
DISPOSITION OF FALSELY (₱40,000) to Two hundred thousand pesos articles or
MARKED ARTICLES OR (₱200,000), or both, shall be imposed merchandise
MERCHANDISE MADE OF upon any person who shall knowingly
GOLD, SILVER, OR OTHER import or sell or dispose of any article or b. That the stamps, brands, or marks or
merchandise made of gold, silver, or other those
PRECIOUS METALS OR
precious metals, or their alloys, with articles or
THEIR ALLOYS stamps, brands, or marks which fail to merchandise
indicate the actual fineness or quality of fails to indicate the actual fineness or
said metals or alloys. quality of said metals or alloys.

Any stamp, brand label, or mark shall be c . That the

deemed to fail to indicate the actual offender knows that the said stamp, brand, or mark
fineness of the article on which it is fails to indicate the
engraved, printed, stamped, labeled or
attached, when the test of the article
shows that the quality or fineness thereof
is less by more than one-half karat, if
made of gold, and

less by more than four onethousandth, if actual fineness or quality of the metals or alloys.
made of silver, than what is shown by said
stamp, brand, label or mark. But in case of
watch cases and flatware made of gold,
the actual fineness of such gold shall not
be less than more than three
onethousandth than the fineness indicated
by said stamp, brand, label, or mark. (as
amended by R.A. No. 10951)
 ART 188. The penalty of prisión correccional in its a By (a) substituting the trade name (t/n) or
SUBSTITUTING AND minimum period or a fine ranging from 50 trademark (t/m) of some other manufacturer or dealer
ALTERING TRADEMARKS, to 2,000 pesos, or both, shall be imposed or a colorable imitation thereof, for the t/n or t/m of
TRADENAMES, OR upon: the real manufacturer or dealer upon any article of
SERVICE commerce and (b) selling the same.
MARKS 1. Any person who shall substitute the
trade name or trade-mark of some other b By selling or by offering for sale such article of
manufacturer or dealer or a colorable commerce, knowing that the t/n or t/m has been
imitation thereof, for the trademark of the fraudulently used
real manufacturer or dealer upon any
article of commerce and c By using or substituting the service mark of
shall sell the same; some other person, or a colorable imitation of such
marks, in the sale or advertising of services
2. Any person who shall sell such
d By printing, lithographing or reproducing t/n,
articles of commerce or offer the same for
t/m or
sale, knowing that the trade-name or
trade- mark has been fraudulently used in
such goods as described in the
preceding subdivision;

3. Any person who, in the sale or

advertising of his services, shall use or
substitute the service mark of some other
person, or a
colorable imitation of such mark; or service mark of one person, or a colorable limitation
thereof, to enable another person to fraudulently use
4. Any person who, knowing the purpose the same, knowing the fraudulent purpose for which it
for which the trade-name, trade-mark, or is to be used.
service mark of a person is to be used,
prints, lithographs, or in any way
reproduces such trade-name, trademark,
or service mark, or a colorable imitation
thereof, for another person, to enable that
other person to fraudulently use such
tradename, trade-mark, or service mark
on his own goods or in connection with
the sale or advertising of his services.

A trade-name or trade-mark as herein

used is a word or words, name, title,
symbol, emblem, sign or device, or any
combination thereof used as an
advertisement, sign, label, poster, or
otherwise, for the purpose of enabling the
public to distinguish the business of the
person who owns and uses said trade-
name or trade-mark.

A service mark as herein used is a mark

used in the sale or advertising of services
to identify the services of one person and
distinguish them from the services of
others and includes without limitation the
marks, names, symbols, titles,
designations, slogans, character names,

and distinctive features of radio or other

advertising.(Superseded by R.A. No.
8293, otherwise knows as The Intellectual
Property Code, January 1, 1998).
 ART 189. The penalty provided in the next a That the offender gives his goods the general
UNFAIR COMPETITION, proceeding article shall be imposed upon: appearance of the goods of another manufacturer or
FRAUDULENT dealer
REGISTRATION OF TRADE 1. Any person who, in unfair
NAME, TRADEMARK, OR competition and for the purposes of b That the general appearance is shown in the (a)
deceiving or defrauding another of his goods
SERVICE MARK, themselves, or in the (b) wrapping of their packages, or
legitimate trade or the public in general,
FRAUDULENT in the (c) device or words therein, or in (d) any other
shall sell his goods giving them the
DESIGNATION general appearance of goods of another feature of their appearance
OF ORIGIN, AND FALSE manufacturer or dealer, either as to the
DESCRIPTION goods themselves, or in the wrapping of c That the offender offers to sell or sells those
the packages in which they are contained goods or gives other persons a chance or opportunity
or the device or words thereon or in any to do the same with a like purpose.
other features of their appearance which
would be likely to induce the public to d That there is actual intent to deceive the public
believe that the goods offered are those of or defraud a competitor
a manufacturer or dealer other than the
actual manufacturer or dealer or shall give
other persons a chance or opportunity to
do the same with a like purpose.

2. Any person who shall affix, apply,

annex or use in connection with any
goods or services or any container or
containers for goods a false designation of
origin or any false description or
representation and shall sell such goods or
services.

3. Any person who by means

of false or fraudulent representation or
declarations orally or in writing or by
other fraudulent means shall procure from
the patent office or from any other office
which may hereafter be established by law
for the purposes the registration of a
trade-name, trade-mark or service mark or
of himself as the owner of such
tradename, trade-mark or service mark or
an entry respecting a trade-name, trade-
mark or service mark.