TITLE 4: Article 180-189: Criminal Law II Review Notes - Revised Penal Code

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

SECTION TWO False Testimony False Testimony – committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. Forms of False Testimony 1. False testimony in criminal cases 2. False testimony in civil case 3. False testimony in other cases Falsehood is ever reprehensible; but it is particularly odious when committed in judicial proceedings, as it constitutes an imposition upon the court and seriously exposes it to miscarriage of justice. Art. 180. False testimony against a defendant. — Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death; 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua; 3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos. ELEMENTS 1. 2. 3. 4.

There be a criminal proceeding Offender testifies falsely under oath against the defendant Offender who gives false testimony knows that it is false The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment

Penalty depends upon the sentence of the defendant against whom false testimony is given. Defendant must be sentenced at least to a (1) correctional penalty or (2) a fine, or (3) must be acquitted. The witness who gave false testimony is liable even if his testimony was not considered by the court. ---------------------------------------------------------------------------------------------------------------------------------Art. 181. False testimony favorable to the defendants. — Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. False testimony favorable to the defendant is equally repugnant to the orderly administration of justice. False testimony is punished not because of the effect it actually produces, but because if its tendency to favor or to prejudice the defendant. A false testimony by negative statement is in favor of the defendant. By not testifying for the prosecution, he favored the accused. The false testimony favorable to the defendant need not benefit the defendant. It is sufficient that the false testimony was given with intent to favor the defendant. It is sufficient that the defendant in the principal case is prosecuted for a felony punishable by afflictive penalty or by other penalty.

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

The defendant who falsely testified in his own behalf in a criminal case is guilty of false testimony favorable to the defendant. When the defendant voluntarily goes upon the witness stand and falsely imputes to some other the commission of a grave offense, he is liable. If he merely denies the commission of the crime or his participation therein, he should not be prosecuted for false testimony. Rectification made spontaneously after realizing the mistake is not false testimony. ----------------------------------------------------------------------------------------------------------------------------Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated. ELEMENTS 1. 2. 3. 4. 5.

The testimony must be given in a civil case The testimony must relate to the issues presented in said case The testimony must be false The false testimony must be given by the defendant knowing the same to be false The testimony must be malicious and given with an intent to affect the issues presented in said case

Article 182 is not applicable when the false testimony is given in special proceedings. It applies only to ordinary civil cases. CIVIL ACTION – an ordinary suit in a court of justice, by which one arty prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. Every other remedy is a special proceeding. ------------------------------------------------------------------------------------------------------------------------------------Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires. 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. WAYS OF COMMITTING PERJURY 1. By falsely testifying under oath 2. By making a false affidavit Falsely testifying under oath should not be in a judicial proceeding. ELEMENTS OF PERJURY 1. Accused made a statement under oath or executed an affidavit upon a material matter 2. The statement or affidavit was made before a competent officer, authorized to receive and administer oath 3. In that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood 4. The sworn statement or affidavit containing the falsity is required by law OATH – any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. AFFIDAVIT – a sworn statement in writing; a declaration in writing made upon oath before an authorized magistrate or officer

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

MATERIAL MATTER – the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies. MATERIAL – the matter is material when it is directed to prove a fact in issue RELEVANT – the matter is relevant when it tends in any reasonable degree to establish the probability or improbability of a fact in issue PERTINENT – the matter is pertinent when it concerns collateral matters which make more or less probable the proposition at issue COMPETENT PERSON AUTHORIZED TO ADMINISTER AN OATH – a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury through negligence or imprudence. The assertion of falsehood must be willful and deliberate. Good faith or lack of malice is a defense in perjury. It is not necessary that there be a specific provision of law requiring the affidavit of sworn statement to be made. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. Two contradictory sworn statements are not sufficient to convict of perjury. The prosecution must prove which of the two statements is false, and must show that statement to be false by other evidence than the contradictory statement. SUBORNATION OF PERJURY – 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. ----------------------------------------------------------------------------------------------------------------------------Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. ELEMENTS 1. The offender offered in evidence a false witness or false testimony 2. He knew the witness or testimony was false 3. The offer was made in a judicial or official proceeding Article 184 contemplates of a case where a person, without inducing another, but knowing him to be a false witness presented him, and the latter testified in a judicial or official proceeding. The accused shall be punished a guilty of false testimony and shall suffer the respective penalties provided for false testimony or perjury. -----------------------------------------------------------------------------------------------------------------------------Chapter Three FRAUDS Section One Machinations, monopolies and combinations Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

ACTS PUNISHABLE 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice ELEMENTS OF SOLICITING GIFT OR PROMISE 1. There be a public auction 2. Accused solicited any gift or a promise from any of the bidders 3. Such gift or promise was the consideration for his refraining from taking part in that public auction 4. The accused has the intent to cause the reduction of the price of the thing auctioned ELEMENTS OF ATTEMPTING BDDERS TO STAY AWAY 1. 2. 3. 4.

There be a public auction Accused attempted to cause the bidders to stay away from that public auction It was done by threats, gifts promises or any other artifice The accused had the intent to cause the reduction of the price of the thing auctioned

The threat need not be effective nor the offer or gift accepted for the crime to arise. ------------------------------------------------------------------------------------------------------------------------------Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon: 1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; 2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain 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 prision 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. ACTS PUNISHED AS MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE 1. Combination to prevent free competition in the market

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

By entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market 2. Monopoly to restrain free competition in the market By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other article to restrain free competition in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce, or to increase the market price of merchandise The person liable is the (1) manufacturer, (2) producer, (3) processor, or (4) importer of any merchandise or object of commerce The crime is committed by (1) combining, (2) conspiring or (3) agreeing with any person The purpose is (1) to make transactions prejudicial to lawful commerce or (2) to increase the market price of merchandise or object of commerce manufactured, produces, processed, assembled, or imported into the Philippines The theory of the law in penalizing monopolies and combinations in restraint of trade is that competition, not combination, should be the law of trade. ILLEGAL ACTS OF PRICE MANIPULATION 1. Hoarding -

The undue accumulation by a person or combination of persons of any basic commodity beyond his or their normal inventory levels The unreasonable limitation or refusal to dispose of, sell, or distribute the stocks of any basic necessity of prime commodity to the general public The unjustified taking out of nay basic necessity or prime commodity from the channels of reproduction,. Trade, commerce and industry

2. Profiteering -

The sale or offering for sale of any basic necessity or prime commodity at a price grossly in excess of its true worth

3. Cartel -

Any combination of or agreement between two or more persons engaged in the production, manufacture, processing, storage, supply, distribution, marketing, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate its price

-----------------------------------------------------------------------------------------------------------------------------Section Two Frauds in Commerce and Industry Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. — The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed on any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys. Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the rest 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 one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark.

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark. ARTICLES OR MERCAHNDISE INVOLVED Those made of 1. 2. 3. 4.

Gold Silver Other precious metals Their alloys

ELEMENTS 1. The offender imports, sells or disposes of any of those articles or merchandise 2. The stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys 3. The offender knows that the stamps, brands or marks fail to indicate the actual fineness or quality of the metals or alloys ---------------------------------------------------------------------------------------------------------------------------------ARTICLE 188 AND 189 OF THE REVISED PENAL CODE WERE REPEALED BY R.A. NO. 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES). Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed upon: 1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same; 2. Any person who shall sell such articles of commerce or offer the same for 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 4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, 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. ---------------------------------------------------------------------------------------------------------------------------Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. — The penalty provided in the next proceeding article shall be imposed upon: 1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

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 trade-name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark. --------------------------------------------------------------------------------------------------------------------------------Republic Act No. 8293 Intellectual Property Code of the Philippines INFRINGEMENT – is committed by any person who shall, without the consent of the owner of the registered mark: 1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive 2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive MARK – any visible sign capable of distinguishing the goods (trademark) or services (Service mark) of an enterprise and shall include a stamped or marked container TRADENAME – the name or designation identifying or distinguishing an enterprise ELEMENTS OF TRADEMARK INFRINGEMENT 1. The validity of plaintiff’s mark 2. The plaintiff’s ownership of the mark 3. The use of the mark or its colorable imitation by the alleged infringer results in “likelihood of confusion” UNFAIR COMPETITION A person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or services so identified, which will be protected in the same manner as other property rights. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result, shall be guilty of unfair competition. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair competition: a. Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, or in any other feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud

CRIMINAL LAW II (Article 180-189)

Reyes, 2012, Arellano University School of Law

aiza ebina/2014

another of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose; b. Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the services of another who has identified such services in the mind of the public c. Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to discredit the goods, business or services of another UNFAIR COMPETITION – consists in employing deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result ELEMENTS OF UNFAIR COMPETITION 1. Confusing similarity in the general appearance of the goods 2. Intent to deceive the public and defraud a competitor FALSE DESIGNATION OF ORIGIN OR FALSE DESCRIPTION OR REPRESENTATION Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which: a. Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or b. In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities Regional trial courts have jurisdiction over violations of intellectual property rights.