Criminal Law - Book 2 by Ruben S. Cabardo

Criminal Law – Book 2 by Ruben S.
Cabardo Page 1
CLJ 4:
CRIMINAL LAW
BOOK 2
RUBEN S. CABARDO
Criminal Law – Book 2 by Ruben S. Cabardo Page 2
SECOND PRELIMINARY
Week No.: 4
Module No.: 4
Main Topic: Title III: Crimes Against Public Order – Part 2
Sub Topics:  Art. 148 – Art. 160, RPC
1. The Revised Penal Code of the Philippines (Codal Provision)
References: 2. Criminal Law Reviewer - Volume II by Judge Marlo Campanilla
3. Memory Aid in Criminal Law
Title 3 – CRIMES AGAINST PUBLIC ORDER (PART 2)
 ASSAULT UPON, AND RESISTANCE, AND DISOBEDIENCE TO, PERSONS IN

AUTHORITY AND HEIR AGENTS:
1. Art. 148 – Direct Assault
2. Art. 149 – Indirect Assault
3. Art. 150 – Disobedience to Summons Issued by Congress, Its Committees or
Sub-Committees, by the Constitutional Commissions, Its Committees, Sub-
Committees or Divisions
4. Art. 151 – Resistance and Disobedience to a Person in Authority or the Agents
of Such Persons
5. Art. 152 – Persons in Authority and Agents of Persons in Authority
 PUBLIC DISORDERS:
1. Art. 153 – Tumults and Other Disturbances of Public Order
2. Art. 154 – Unlawful Use of Means of Publication and Unlawful Utterances
3. Art. 155 – Alarms and Scandals
4. Art. 156 – Delivering Prisoners from Jail
 EVASION OF SERVICE OF SENTENCE:

1. Art. 157 – Evasion of Service of Sentence
2. Art. 158 – Evasion of Service of Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other Calamities
3. Art. 159 – Other Cases of Evasion of Service of Sentence (Conditional Pardon)
 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED

FOR ANOTHER PREVIOUS OFFENSE:
1. Art. 160 – Quasi-Recidivism
__________________________________
Art. 148 – Direct Assault
 Ways of committing direct assault:

1. First Form - Without public uprising, by employing force or intimidation for
the attainment of any of the purposes enumerated in defining crimes of
sedition and rebellion;

2. Second Form - Without public uprising, by attacking, by employing force or
seriously intimidating or by seriously resisting any person in authority (PA)
or any of his agents (APA), while engaged in the performance of official
duties, or on the occasion of such performance.
 Elements of the First Form of Direct Assault:

1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects of the crimes of sedition. (victim need not be
person in authority)
3. That there is no public uprising.
 Elements of the Second Form of Direct Assault:

1. That the offender (a) makes an attack, (b) employs force, (c) makes a
serious intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is
engaged in the actual performance of official duties (motive is not
essential), or that he is assaulted (b) by reason of the past performance of
official duties (motive is essential).
4. That the offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties (with intention to offend,
injure or assault).
5. That there is no public uprising.
 Nota Bene:
 Must be without public uprising
 Committed by employing force or intimidation for the attainment of any
of the purposes enumerated in defining the crimes of sedition and
rebellion
 Committed by attacking, with the employment of force or seriously
intimidating or by seriously resisting any person in authority (PA)or any
of its agents (APA), while engaged in the performance of official duties
 2 kinds of Direct Assault of the Second Form:

1. Simple assault
2. Qualified assault
 Direct assault is qualified:

1. When committed with a weapon
2. When the offender is a public officer or employee
3. When the offender lays hands upon a person in authority
Art. 149 – Indirect Assault
 Elements of the crime:

1. That a person in authority or his agent is the victim of any of the forms of
direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.
 Nota Bene:
 The agents of person in authority is the victim of any form of assault
 A private person comes to the aid of APA
 The offender makes use of force upon such person coming to the aid of
the APA
 If a third person comes to the aid of PA, and he is also being attacked, he
becomes an APA
 It is committed only when direct assault is also committed
 Offended party may be a private person
Art. 150 – Disobedience to Summons Issued by Congress, Its Committees or

Sub-Committees, by the Constitutional Commissions, Its Committees, Sub-
Committees or Divisions
 Punishable acts:
 Committed by:
a. refusing to obey summons;
b. refusing to be sworn or placed under affirmation
c. refusing to answer any legal inquiry
d. restraining another from attending as a witness
e. inducing disobedience to summons or refusal to be sworn to
Art. 151 – Resistance & Disobedience to a Person in Authority or the Agents of

Such Person
 Elements of Resistance and Serious Disobedience:

1. That a person in authority or his agent is engaged in the performance of
official duty or gives a lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or
his agent.
3. That the act of the offender is not included in the provisions of arts. 148,
149 and 150.
 Elements of Simple Disobedience:

1. That an agent of a person in authority is engaged in the performance of
official duty gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.
 Nota Bene:
 The PA or his APA is engaged in the performance of official duty or gives
lawful order, but the offender resists or seriously disobeys such PA or
APA
 Use of force is not so serious
 Committed by resisting or seriously disobeying a PA or APA

Art. 152 – Persons in Authority & Agents of Persons in Authority
PERSON IN AUTHORITY AGENTS OF PERSON IN

AUTHORITY
Directly vested with jurisdiction, as an By direct provision of law or by
individual or as a member of some election or by appointment, charged
court or governmental corporation, with the maintenance of public order
board or commission and the protection and security of life
and property
 Nota Bene:
 Persons in Authority – any person directly vested with jurisdiction,
whether as an individual or as a member of some court or
governmental corporation, board or commission. It also includes:
o Barangay captain/chairman
o Teachers/Professors
o Persons charged with the supervision of public or duly
recognized private schools, colleges and universities
o Lawyers in the actual performance of their professional duties
or on the occasion of such performance
 Agent of Person in Authority – any person who, by direct provision

of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and
security of life and property. It also includes:
o Barrio councilman
o Barrio policeman
o Barangay leader
o Any person who comes to the aid of persons in authority
Art.153 – Tumults & Other Disturbances of Public Order
1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing public performances, functions, gatherings or
peaceful meetings, if the act is not included in Art 131 and 132 (Public
Officers interrupting peaceful meetings or religious worship).
3. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public
order in such place
5. Burying with pomp the body of a person who has been legally executed.
 Nota Bene:
 Committed by:
1. causing any serious disturbance in a public place, office or
establishment
2. interrupting or disturbing public performances, functions or
gatherings, or peaceful meetings
3. making an outcry tending to incite rebellion or sedition in any
meeting
4. displaying placards or emblems which provoke a disturbance of
public order
5. burying with pomp the body of a person who has been legally
executed
Art. 154 – Unlawful Use of Means of Publication and Unlawful Utterances
1. Publishing or causing to be published, by means of printing, lithography or
any other means of publication as news any false news which may
endanger the public order, or cause damage to the interest or credit of the
State.
2. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same
means or by words, utterances or speeches
3. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published
officially
4. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printer’s name or which
are classified as anonymous.
 Nota Bene:
 Publishing as news any false news which may endanger the public order,
or cause damage to the interest or credit of the State
 Actual public disorder or actual damage to the credit of the State is not
necessary
 Mere possibility of causing such damage is sufficient
Art. 155 – Alarms & Scandals
1. Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusement
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
 Nota Bene:

 Committed by discharging any firearm, rocket, firecracker or other
explosive within any town or public place which produces alarms or
danger
 Committed by disturbing the public peace while wandering about at
night or while engaged in any nocturnal amusements
 Committed by causing any disturbance or scandal in public places while
intoxicated
Art. 156 – Delivering Prisoners from Jail

1. That there is a person confined in a jail or penal establishment.
2. That the offender removes therefor such person, or helps the escape of
such person (if the escapee is serving final judgement, he is guilty of
evasion of sentence).
3. Offender is a private individual
 Nota Bene:
 Committed by an offender who removes a person confined in a jail or
penal establishment, or helps the escape of such person
 The prisoner may be a detention prisoner or one sentenced by a final
judgment
 Liability of prisoner who escapes:

1. Detention prisoner – not criminally liable
2. Convict by a final judgment – liable for evasion of service of his
sentence
Art. 157 – Evasion of Service of Sentence

1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
3. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
 Nota Bene:
 The offender must be a convict by final judgment
 That he escapes while serving the sentence
 The following cannot commit evasion of service of sentence:

1. Accused who escapes during appeal
2. Minor delinquents
3. Deportees
Art. 158 – Evasion of Service of Sentence on the Occasion of Disorders,

Conflagrations, Earthquakes, or Other Calamities

1. That the offender is a convict by final judgement who is confined in a penal
institution.
2. That there is disorder, resulting from-
a. conflagration,
b. earthquake,
c. explosion, or
d. similar catastrophe, or
e. mutiny in which he has not participated.
3. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.
4. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
 Nota Bene:
 The offender leaves the penal institution on the occasion of such disorder
 The offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive
announcing the passing away of the calamity
 What is punished is not the act of leaving but the failure to give himself
up to the authorities within 48 hours
 If fails to give himself up, shall suffer an increase of 1/5 of the time still
remaining to be served
 If the offender gives himself up, he is entitled to a deduction of 1/5 of
his original sentence
Art. 159 – Other Cases of Evasion of Service of Sentence (Conditional Pardon)

1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief executive.
3. That he violated any of the conditions of such pardon.
 Nota Bene:
 A conditional pardon was granted and the offender violated any of the
conditions of such pardon
Art. 160 – Quasi-Recidivism

1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence
or while serving the same.
 Nota Bene:

 It is a special aggravating circumstance which cannot be offset by
ordinary mitigating circumstance
 Quasi-recidivism: a person after having been convicted by final
judgement shall commit a new felony before beginning to serve such
sentence, or while serving the same.
 Second crimes must belong to the RPC, not special laws. First crime may
be either from the RPC or special laws
 Reiteracion: offender shall have served out his sentence for the prior
offense
 A quasi-recidivist may be pardoned at age 70. Except: Unworthy or
Habitual Delinquent
 If new felony is evasion of sentence – offender is not a quasi-recidivist
 Penalty: maximum period of the penalty for the new felony should be
imposed (mitigating circumstance can only be appreciated if the
maximum is divisible)
 Quasi-Recidivism may be offset by a special privileged mitigating
circumstance (ex. Minority)

CLJ 4 (Criminal Law-Book 2)
ACTIVITY NO. 4
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________
General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.
I. How Much Do You Know?

1. In the crime of Delivering Prisoners from Jail, what is the criminal liability of a
detainee who escapes from confinement? Support your answer.
2. In relation to Question No. 1, would your answer be the same if the one who
escapes is a convicted criminal? Justify tour answer.
3. In relation to Questions No. 1 and 2, what is the liability of the person who
assisted the escape of the prisoner? Explain.

Important Reminders:
 For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

QUIZ NO. 4
Name: _________________________________________________ Date: _________________
I. What am I? Write Correct if the statement is true and write Incorrect if the
statement is not true. Utilize the spaces herein provided.
________________ 1.) In quasi-recidivism, the second crime is publishable by a Special

Law.
________________ 2.) If a person violates the condition of the pardon granted to him, he
will be liable for the crime of “Other cases of evasion.”
________________ 3.) For a convict to be held liable for the crime of evasion of service of
sentence, he must evade the penal facility while the sentence is already served.
________________ 4.) By causing any disturbance or scandal in public places while
intoxicated, a person can be held liable for the crime of alarms and scandals.
________________ 5.) A Barangay Tanod is considered as a person in authority.
________________ 6.) If a third person comes to the aid of the Person in Authority, and he
is also being attacked, he becomes an Agent of the Person in Authority.
________________ 7.) Indirect assault is committed only when direct assault is also
committed.
________________ 8.) Both direct and indirect assaults are crimes that can be committed
which require public uprising.
________________ 9.) A quasi-recidivist may be pardoned at the age of 70.
________________ 10.) Mere possibility of causing damage is not enough for a person to be
held liable for violating Art. 154.
II. Distinguish Person in Authority from Agents of Person in Authority.

SECOND PRELIMINARY
Week No.: 5
Module No.: 5
Main Topic: Title IV: Crimes Against Public Interest – Part 1
 R.A No. 9194 – Anti-Money Laundering Act
Title 4 – CRIMES AGAINST PUBLIC INTEREST (PART 1)
FORGERIES
 ACTS OF COUNTERFEITING:
1. Art. 161 – Counterfeiting the Great Seal of the Government of the Philippine Islands,
Forging the Signature or Stamp of the President
2. Art. 162 – Using Forged Signature or Counterfeit Seal or Stamp
3. Art. 163 – Making and Importing and Uttering False Coins
4. Art. 164 – Mutilation of Coins
5. Art. 165 – Selling of False or Mutilated Coins, Without Connivance
6. Art. 166 – Forging Treasury or Bank Notes or Other Documents Payable to Bearer;
Importing and Uttering Such False or Forged Notes and Documents
7. Art. 167 – Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer
 ACTS OF FORGERY:
1. Art. 168 – Illegal Possession and Use of False Treasury or Bank Notes and Other
Instruments of Credit
2. Art. 169 – How Forgery is Committed
 ACTS OF FALSIFICATION:
1. Art. 170 – Falsification of Legislative Documents
2. Art. 171 – Falsification by Public Officer, Employee, or Notary or Ecclesiastical
Minister
3. Art. 172 – Falsification by Private Individual and Use of Falsified Documents
4. Art. 173 – Falsification of Wireless, Cable, Telegraph and Telephone Messages, and
Use of Said Falsified Messages
5. Art. 174 – False Medical Certificates, False Certificates of Merit or Service
6. Art. 175 – Using False Certificates
7. Art. 176 – Manufacturing and Possession of Instruments or Implements for
Falsification
__________________________________
Art. 161 – Counterfeiting the Great Seal of the Government of the Philippine
Islands, Forging the Signature or Stamp of the President
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 Nota Bene:
 If the signature of the President is forged, it is not falsification of public
document, but forging the signature of the Chief Executive
 What is being punished is the act of counterfeiting or forging
Art. 162 – Using Forged Signature or Counterfeit Seal or Stamp

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.
 Nota Bene:
 The offender must not be the forger; otherwise the crime committed is
forgery under Art. 161
 The offender is the one who uses only the forged signature or
counterfeited seal or stamp
Art. 163 – Making and Importing and Uttering False Coins

1. That there be false or counterfeited coins (need not be legal tender).
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
 Nota Bene:
 There is connivance with the counterfeiters or importers
 A coin is false or counterfeited if it is forged or if it is not authorized by
the government
 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
Art. 164 – Mutilation of Coins
 This has been repealed by PD 247. Under this PD, the acts punishable are:
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
 Nota Bene:
 What is being punished are the acts of mutilating, uttering and
importing mutilated 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 – Selling of False or Mutilated Coins, Without Connivance
1. Possession of coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated.
2. Actually uttering such false or mutilated coin, knowing the same to be
false or mutilated.
 Elements of the First Punishable Act:

1. possession
2. with intent to utter, and
3. knowledge
 Elements of the Second Punishable Act:

1. actually uttering, and
2. knowledge
 Nota Bene:
 What is being punished is the possession of mutilated coin by another
and the subsequent act of uttering the same
Art. 166 – Forging Treasury or Bank Notes or Other Documents Payable to

Bearer; Importing and Uttering Such False or Forged Notes and Documents
1. Forging or falsity of treasury/bank notes or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
 Nota Bene:
 Forging – is committed by giving to a treasury or bank note or any
instrument payable to bearer or order the appearance of a true and
genuine document
 Falsification – is committed by erasing, substituting, counterfeiting, or
altering the figures, letters, words or signs
Art. 167 – Counterfeiting, Importing, and Uttering Instruments Not Payable to

Bearer

1. That there be an instrument payable to order or other document of credit
not payable to bearer.
2. That the offender either forged, imported or uttered such instruments.
3. That in case of uttering, he connived with the forger or importer.
 Nota Bene:
 Forgery of currency is punished so as to maintain the integrity of the
currency and thus insure the credit standing of the government
 Utterer should not be the forger
Art. 168 – Illegal Possession and Use of False Treasury or Bank Notes and Other
Instruments of Credit

1. That 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. That the offender knows that any of those instruments is forged or
falsified.
3. That he performs any of these acts –
a. using any of such forged or falsified instrument, or
b. possessing with intent to use any of such forged or falsified
instrument.
 Nota Bene:
 What is being punished is the act of illegally possessing and using false
treasury or bank note
Art. 169 – How Forgery is Committed
 Ways of committing:
1. By giving to a treasury or bank note the appearance of a true and
genuine document

2. By erasing, substituting, counterfeiting, or altering the figures, letters,
words or signatures contained therein
Art. 170 – Falsification of Legislative Documents

1. That there be a bill, resolution or ordinance enacted or approved or
pending approval by the national assembly or any provincial board or
municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
 Nota Bene:
 The bill, ordinance or resolution must be genuine
 The offender may be private individual or private person
Art. 171 – Falsification by Public Officer, Employee, or Notary or Ecclesiastical

Minister

1. That the offender is a public officer, employee, notary public or
ecclesiastical minister.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric.
 Nota Bene:
 The offender is a public officer employee, notary public, ecclesiastical
minister
 Committed by taking advantage of official position
Art. 172 – Falsification by Private Individual and Use of Falsified Documents
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 by:
a. Introducing in a judicial proceeding
b. Using in any other transaction
 Nota Bene:
 The offender is private individual or a public officer who did not take
advantage of his official position
 Falsification pertains to public, official or commercial document
Art. 173 – Falsification of Wireless, Cable, Telegraph and Telephone Messages,

and Use of Said Falsified Messages

1. Uttering fictitious wireless, telegraph or telephone messages;
2. Falsifying wireless, telegraph or telephone messages;
3. Using such falsified messages.
 Elements of Punishable Act Nos. 1 and 2:

1. That the offender is an officer or employee of the Government or of a
private corporation, engaged in the service of sending or receiving
wireless, cable or telephone messages and
2. That he commits any of the above acts.
 Elements of Punishable Act No. 3:

1. That the accused knew that the wireless, cable, telegraph or telephone
message was falsified by any person under punishable act 1 and 2;
2. That the accused used such falsified dispatch; and
3. That the said use resulted in the prejudice of a third party.
 Nota Bene:
 Committed by uttering fictitious wireless, telegraph or telephone
messages
 Also committed by falsifying the same
 It can also be committed by using such falsified messages
Art. 174 – False Medical Certificates, False Certificates of Merit or Service
 Nota Bene:
 Persons liable:
1. Physician or surgeon – who issued false medical certificate
2. Public officer – who issued false certificate of merit or service
3. Private individual – who falsified a medical certificate or a certificate of
merit or service
 This crime is committed due to the issuance of false certificates.
Art. 175 – Using False Certificates

1. That a physician or surgeon has issued a false medical certificate, or a
public officer has issued a false certificate of merit or 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.
 Nota Bene:
 What is being punished is the act of using false certificates
 The offender must have knowledge that the certificate was false

Art. 176 – Manufacturing and Possession of Instruments or Implements for
Falsification
1. Making or introducing into the Philippines any stamps, dies or marks or
other instruments or implements for counterfeiting or falsification.
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the Philippines by
another person.
 Nota Bene:
 It punishes not only actual and physical possession but also constructive
possession or being under one’s control
Related Special Penal Laws:
R.A No. 9194 – Anti-Money Laundering Act
 Money Laundering – it is a crime whereby the proceeds of an unlawful activity

as defined by the law are transacted, thereby making them appear to have
originated from legitimate sources.
 Covered Transaction - is a transaction in cash or other equivalent
monetary instrument involving a total amount in excess of five hundred
thousand pesos (Php500,000.00) within one (1) banking day.
 Suspicious Transactions - are transactions with covered institutions,
regardless of the amounts involved, where any of the following
circumstances exist:
1. there is no underlying legal or trade obligation, purpose or
economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the business or
financial capacity of the client;
4. taking into account all known circumstances, it may be perceived
that the client's transaction is structured in order to avoid being
the subject of reporting requirements under the Act;
5. any circumstances relating to the transaction which is observed to
deviate from the profile of the client and/or the client's past
transactions with the covered institution;
6. the transactions are in a way related to an unlawful activity or
offense under this Act that is about to be, is being or has been
committed; or
7. any transactions that is similar or analogous to any of the
foregoing."

ACTIVITY NO. 5
Name: _________________________________________________ Date: _________________

1. How forgery is committed?
2. Can a Doctor be held criminally liable for using false medical certificate under
Art. 175? Justify your answer.
3. How is the crime of Mutilation of Coins be committed?


QUIZ NO. 5
Name: _________________________________________________ Date: _________________
I. What you have you learned?

1. Distinguish forgery from falsification.
2. Differentiate Importing False Coins from Uttering False Coins.
3. If the signature of the President is forged, what is the crime committed by the
forger? Support your answer.

SECOND PRELIMINARY
Week No.: 6
Module No.: 6
Main Topic: Title IV: Crimes Against Public Interest – Part 2
 R.A. No. 8293 – Intellectual Property Code
 R.A. No. 455 – Law on Smuggling
Title 4 – CRIMES AGAINST PUBLIC INTEREST (PART 2)
 OTHER FALSITIES:
1. Art. 177 – Usurpation of Authority or Official Functions
2. Art. 178 – Using Fictitious and Concealing True Name
3. Art. 179 – Illegal Use of Uniforms and Insignia
4. Art. 180 – False Testimony Against the Defendant
5. Art. 181 – False Testimony Favorable to the Defendant
6. Art. 182 – False Testimony in Civil Cases
7. Art. 183 – False Testimony in Other Cases and Perjury in Solemn Affirmation
8. Art. 184 – Offering False Testimony in Evidence
 FRAUDS:
1. Art. 185 – Machinations in Public Auctions
2. Art. 186 – Monopolies and Combinations in Restraint of Trade
3. Art. 187 – Importation and Disposition of Falsely Marked Articles or Merchandise
Made of Gold, Silver, or Other Precious Metals or their Alloys
__________________________________
Art. 177 – Usurpation of Authority or Official Functions
 Two offenses:
1. Usurpation of authority
2. Usurpation of official function
 In usurpation of authority, the mere act of knowingly and falsely

representing oneself to be an officer is sufficient.
 In usurpation of official function, it is necessary that the offender
should have performed an act pertaining to a public officer.
Art. 178 – Using Fictitious and Concealing True Name
1. Using fictitious name
2. Concealing true name
 Elements of Using Fictitious Name:
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
a. To conceal a crime,
b. To evade the execution of a judgment, or
c. To cause damage to public interest. (ex. Signing fictitious
name for a passport)
 Elements of Concealing True Name:

1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
- that the purpose is only to conceal his identity.
Art. 179 – Illegal Use of Uniforms and Insignia
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
 Nota Bene:
 Wearing uniform of an imaginary office is not punishable
 The insignia or uniform is used publicly and improperly
Art. 180 – False Testimony Against the Defendant

1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant
therein.
3. That the offender who gives false testimony knows that it is false.

4. That the defendant against whom the false testimony is given is either
acquitted or convinced in a final judgment (prescriptive period starts at this
point)
 Nota Bene:
 Offender should know that the testimony is false
 Good faith is a defense
 There should be a criminal proceeding
 The testimony must be complete
Art. 181 – False Testimony Favorable to the Defendant

 Nota Bene:
 Conviction or acquittal of the defendant in the principal case is not
necessary
 Testimony must be complete
 False testimony by negative statement is in favor of the defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is not necessary).
The false testimony need not influence the acquittal
 A defendant who voluntarily goes up on the 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 – False Testimony in Civil Cases

1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the
same to be false.
5. That the testimony must be malicious and given with an intent to affect the
issues presented in the said case
 Nota Bene:
 The testimony must be given in a civil case
 The offender should know that the testimony is false
Art. 183 – False Testimony in Other Cases and Perjury in Solemn Affirmation
(Perjury)
 Ways of committing:
1. By falsely testifying under oath
2. By making false affidavit
1. That an accused made a statement under oath or made 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, and
4. That the sworn statement or affidavit containing the falsity is required by
law.
 Falsely testifying under oath must not be in a judicial proceeding
 Good faith is a defense (People v. Abaya)
 There is no perjury through negligence
Art. 184 – Offering False Testimony in Evidence

1. That the offender offered in evidence a false witness or false testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in a judicial or official proceeding.
 Nota Bene:
 It applies when the offender knowingly presented a false witness, and the
latter testified falsely
 It does not apply when the offender induced a witness to testify falsely
 There should be judicial or official proceeding
Art. 185 – Machinations in Public Auctions
1. Soliciting any gift or promise as a consideration for refraining from taking
part in any public auction;
2. Attempting to cause bidders to stay away from an auction by threats,
gifts, promises or any other artifice.
 Elements for the First Act:

1. That there be a public auction.
2. That the accused solicited any gift or a promise from any of the bidders.
3. That such gifts or promise was the consideration for his refraining from
taking part in that public auction.
4. That the accused had the intent to cause the reduction of the price of the
thing auctioned.
 Elements for the Second Act:
1. That there be a public auction.
2. That the accused attempted to cause the bidders to stay away from that
public auction
3. That it was done by threats, gifts, promises, or any other artifice.

4. That the accused had the intent to cause the reduction of the price of the
thing auctioned.
 Nota Bene:
 Consummated by mere solicitation of any gift or promise as a
consideration for refraining from taking part in any public auction
 It is also consummated by mere attempt to cause the buyers to stay
away from the public auction
Art. 186 – Monopolies and Combinations in Restraint of Trade

1. Combination or conspiracy to prevent free competition in the market;
2. Monopoly to restrain free competition in the market;
3. Making transactions prejudicial to lawful commerce or to increase the
market price of merchandise.
 Nota Bene:
 Committed by a having a combination or conspiracy to prevent free
competition in the market
 Committed by having monopoly to restrain free competition in the
market
 Committed by making transactions prejudicial to lawful commerce
 Persons liable:
o Manufacturer
o Producer
o Processor
o importer
Art. 187 – Importation and Disposition of Falsely Marked Articles or

Merchandise Made of Gold, Silver, or Other Precious Metals or their Alloys

1. That the offender imports, sells or disposes of any of those articles or
merchandise.
2. That the stamps, brands, or marks or those articles or merchandise fails to
indicate the actual fineness or quality of said metals or alloys.
3. That the offender knows that the said stamp, brand, or mark fails to
indicate the actual fineness or quality of the metals or alloys.
 Nota Bene:
 Does not apply to manufacturer of misbranded articles. The
manufacturer is liable for estafa.
Related Special Penal Laws:
R.A. No. 8293 – Intellectual Property Code

 Intellectual property rights consist of:

o Copyright and Related Rights;
o Trademarks and Service Marks;
o Geographic Indications;
o Industrial Designs;
o Patents;
o Layout-Designs of Integrated Circuits
o Protection of Undisclosed Information
R.A. No. 455 – Law on Smuggling

 Punishable acts:
o That the merchandise must have been fraudulently or knowingly
imported contrary to law;
o That the defendant if he is not the importer himself, must have
received, concealed, bought, sold or in any manner facilitated the
transportation, concealment, or sale of the merchandise; and
o That he must be shown to have knowledge that the merchandise
had been illegally imported.

ACTIVITY NO. 6
Name: _________________________________________________ Date: _________________

1. Does wearing of a uniform in an imaginary office makes a person liable for the
crime of Illegal Use of Uniform? Justify your answer.
2. How is the crime of perjury be committed? Discuss.

3. Is it necessary to have a judicial proceeding for a person to be held liable for the
crime of Offering False Testimony in Evidence? Explain.

QUIZ NO. 6
Name: _________________________________________________ Date: _________________
I. What you have you learned?

1. Distinguish Usurpation of Authority from Usurpation of Official Function.
2. What do you think is the reason why concealing true name is considered a
crime?

3. How is a person can be held criminally liable by using fictitious name?

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Criminal Law – Book 2 by Ruben S.

Title 3 – CRIMES AGAINST PUBLIC ORDER (PART 2)

 ASSAULT UPON, AND RESISTANCE, AND DISOBEDIENCE TO, PERSONS IN

 EVASION OF SERVICE OF SENTENCE:

 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED

Art. 148 – Direct Assault

 Ways of committing direct assault:

Criminal Law – Book 2 by Ruben S. Cabardo Page 3

 Elements of the First Form of Direct Assault:

 Elements of the Second Form of Direct Assault:

 2 kinds of Direct Assault of the Second Form:

 Direct assault is qualified:

Art. 149 – Indirect Assault

 Elements of the crime:

Art. 150 – Disobedience to Summons Issued by Congress, Its Committees or

Art. 151 – Resistance & Disobedience to a Person in Authority or the Agents of

 Elements of Resistance and Serious Disobedience:

 Elements of Simple Disobedience:

Criminal Law – Book 2 by Ruben S. Cabardo Page 5

PERSON IN AUTHORITY AGENTS OF PERSON IN

 Agent of Person in Authority – any person who, by direct provision

Art.153 – Tumults & Other Disturbances of Public Order

Art. 154 – Unlawful Use of Means of Publication and Unlawful Utterances

Art. 155 – Alarms & Scandals

Criminal Law – Book 2 by Ruben S. Cabardo Page 7

 Elements of the crime:

 Liability of prisoner who escapes:

Art. 157 – Evasion of Service of Sentence

 Elements of the crime:

 The following cannot commit evasion of service of sentence:

Art. 158 – Evasion of Service of Sentence on the Occasion of Disorders,

Criminal Law – Book 2 by Ruben S. Cabardo Page 8

Art. 159 – Other Cases of Evasion of Service of Sentence (Conditional Pardon)

 Elements of the crime:

Art. 160 – Quasi-Recidivism

 Elements of the crime:

Criminal Law – Book 2 by Ruben S. Cabardo Page 9

Criminal Law – Book 2 by Ruben S. Cabardo Page 10

I. How Much Do You Know?

Criminal Law – Book 2 by Ruben S. Cabardo Page 11

CLJ 4 (Criminal Law-Book 2)

________________ 1.) In quasi-recidivism, the second crime is publishable by a Special

II. Distinguish Person in Authority from Agents of Person in Authority.

Criminal Law – Book 2 by Ruben S. Cabardo Page 12

Title 4 – CRIMES AGAINST PUBLIC INTEREST (PART 1)

Art. 162 – Using Forged Signature or Counterfeit Seal or Stamp

 Elements of the crime:

Art. 163 – Making and Importing and Uttering False Coins

 Elements of the crime:

Art. 165 – Selling of False or Mutilated Coins, Without Connivance

 Elements of the First Punishable Act:

 Elements of the Second Punishable Act:

Art. 166 – Forging Treasury or Bank Notes or Other Documents Payable to

Art. 167 – Counterfeiting, Importing, and Uttering Instruments Not Payable to

 Elements of the crime:

 Elements of the crime:

Art. 169 – How Forgery is Committed

Criminal Law – Book 2 by Ruben S. Cabardo Page 16