CLJ 4 - Criminal Law - Art. 160 to Art. 212 PDF

CLJ 4 - CRIMINAL LAW/REVISED PENAL CODE– BOOK 2  Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Art. 160. Commission of another crime during service of penalty imposed for another off...

CLJ 4 - CRIMINAL LAW/REVISED PENAL CODE– BOOK 2  Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.  Art. 160. Commission of another crime during service of penalty imposed for another offense Quasi-recidivism Is a special aggravating circumstance where 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. He shall be punished by the maximum period of the penalty prescribed by law for the new felony. Recidivist Is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this code (par. 9, Art. 14) Art. 160. Commission of another crime during service of penalty imposed for another offense Elements: 1. That the offender was already convicted by final judgement of the offense. 2. That he committed a new felony before beginning to serve such sentence or while serving the same. Art. 160. Commission of another crime during service of penalty imposed for another offense “Before beginning to serve such sentence” A convict by final judgement for one offense may commit a new felony before beginning to serve his sentence for the first offense, when the judgement of conviction of the lower court in the first offence having been affirmed by the appellate court, and his commitment having been ordered, he committed the new felony while being taken to the prison or jail. Art. 160. Commission of another crime during service of penalty imposed for another offense “or while serving the same” The other case where Article 160 applies is when a convict by final judgement shall commit a new felony while serving his sentence for the first offense. Hence, if the offender committed a new felony after serving the sentence for the first offense, and both offenses are embraced in the same title of the Code, he is an ordinary recidivist under Art. 14, par. 9, of the Code, because he did not commit the new felony before or while serving the sentence for the first offense. Art. 160. Commission of another crime during service of penalty imposed for another offense Second crime must be a felony. Note the use of the word “felony” in this article. The second crime must be a felony. But the first crime for which the offender is serving sentence need not be a felony; it could be either under the Code or under a special law Art. 160. Commission of another crime during service of penalty imposed for another offense “The new offense need not be of different character from that of the former offense ” The word “another” in the head note of Article 160 does not mean that the new felony which is committed by a person already serving sentence is different from the crime for which he is serving sentence. Hence, even if the new offense is murder and he is serving sentence for homicide, Article 160 applies. (People v. Yabut, 58 Phil. 499) Art. 160. Commission of another crime during service of penalty imposed for another offense “The new offense need not be of different character from that of the former offense ” The word “another” in the head note of Article 160 does not mean that the new felony which is committed by a person already serving sentence is different from the crime for which he is serving sentence. Hence, even if the new offense is murder and he is serving sentence for homicide, Article 160 applies. (People v. Yabut, 58 Phil. 499) Art. 160. Commission of another crime during service of penalty imposed for another offense Quasi-recidivism cannot be offset by ordinary mitigating circumstances. Suppose a convict serving sentence for serious physical injuries killed another prisoner with treachery and evident premeditation. Immediately, the convict surrendered to the guard and during the trial, he pleaded guilty to the charge of murder qualified by treachery. What penalty should be imposed upon such convict? Art. 160. Commission of another crime during service of penalty imposed for another offense Death penalty. Reason: Because the maximum of the penalty for murder is death and the fact that there is one mitigating circumstance (plea of guilty) left , after offsetting evident premeditation with the other mitigating circumstance (voluntary surrender), is of no consequence. Quasi-recidivism can not be offset by any ordinary mitigating circumstance. (See People v. Bautista, et.al., 65 SCRA 460) NOTE: But if the convict serving sentence is a minor under 16 years old, the penalty can be lowered by at least one degree. Minority is a privileged mitigating circumstance. Art. 160. Commission of another crime during service of penalty imposed for another offense A quasi-recidivist may be pardoned at the age of 70 years. ▪ The second paragraph of Article 160 provides that a quasi-recidivist shall be pardoned when he has reached the age of 70 years and has already served out his original sentence, or when he shall complete it after reaching said age, unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency. ▪ But only a convict “who is not a habitual criminal” shall be pardoned.  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. Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive. Chief Executive – The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive. Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive Acts punished: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the President 3. Forging the stamp of the President  Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive The Great Seal of the Republic of the Philippines The Great Seal is a circular in the form, with arms consisting of paleways of two pieces, azure and gules; a chief argent studded with three golden starts equidistant from each other, in point of honor, ovoid argent over the sun rayonnant with eight minor and lesser rays; in sinister base gules, the Lion Rampant of Spain; in dexter base azure, the American eagle displayed proper; and surrounding the whole is a double marginal circle within which are the words “Republic of the Philippines” (Sec. 18 of the Revised Administrative Code, as amended by C.A. Nos. 602, 614, and 731) The Great Seal of the Republic of the Philippines Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive The Custody and Use of the Great Seal The Great Seal shall be and remain in the custody of the President of the Philippines, and shall be affixed to or placed upon all commissions signed by him, and upon such other official documents and papers of the Republic of the Philippines as may by law provided, or as may be required by custom and usage in the discretion of the President of the Philippines. (Sec. 19, Revised Aministrative Code, as amended) Note: 1. When in a government document the signature of the President is forged, it is not called falsification. Art. 161 supplied the specific provision to govern the case. The name of the crime is forging the signature of the Chief Executive. 2. The act punishable, among others, is counterfeiting or making an imitation of the signature of the Chief Executive on what is made to appear as an official document of the Republic of the Philippines. It would seem that if the Chief Executive left with his secretary a signature in blank, and a document is written above it, the crime committed is not covered by Article 161. The one applicable is Article 171 or Article 172.  Chapter One FORGERIES Section One. — Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive. Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article.  Art. 162. Using forged signature or counterfeit seal or stamp Elements: 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. Art. 162. Using forged signature or counterfeit seal or stamp The offender under this article should not be the forger The offender should not be the one who forged the great seal or signature of the Chief Executive. Otherwise, he will be penalized under Article 161. The act is that of an accessory but the penalty is only one degree lower. In using forged signature or stamp of the Chief Executive, or forged seal, the participation of the offender is in effect that of an accessory, and although the general rule is that he should be punished by a penalty two degrees lower, under Article 162 he is punished by a penalty only one degree lower.  Section Two. — Counterfeiting Coins What are the Crimes under Counterfeiting of Coins? 1. Making and importing and uttering false coins (Art. 163) 2. Mutilation of coins – importation and utterance of mutilated coins (Art. 164; and 3. Selling of false or mutilated coin, without connivance. (Art. 165)  Section Two. — Counterfeiting Coins Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers, shall suffer: 1. Prision correccional in its minimum and medium periods and a fine not to exceed Four hundred thousand pesos (PhP 400,000), if the counterfeited coins be any of the coinage of the Philippines. 2. Prision correccional in its minimum and medium periods and a fine of not to exceed Two hundred thousand pesos (200,000), if the counterfeited coin be currency of a foreign country (As amended by R.A. No. 4202 and R.A. No. 10951) library  Art. 163. Making and importing and uttering false coins Elements: 1. That there be false or counterfeited coins 2. That the offender either made, imported or uttered such coins. 3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers. Extends even to coins withdrawn from circulation Coin – is a piece of metal stamped with certain marks and made current at a certain value Art. 163. Making and importing and uttering false coins When is a coin or counterfeited? A coin is false or counterfeited, if its is forged or if it is not authorized by the Government as legal tender, regardless of its intrinsic value. Counterfeiting means the imitation of a legal or genuine coin. It may contain more silver than the ordinary coin. There is counterfeiting when a spurious coin is made. There must be an imitation of the peculiar design of a genuine coin. (U.S. v. Basco, 6 Phil. 110) Art. 163. Making and importing and uttering false coins Import To import fake coins means to bring them into the port. The importation is complete before entry to the Customs House. Utter To utter is to pass counterfeited coins. It includes delivery or the act of giving them away.  Section Two. — Counterfeiting Coins Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision correccional in its minimum period and a fine not to exceed Four hundred thousand pesos (P400,000) shall be imposed upon any person who shall mutilate coins of the legal currency of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers. (As amended by R.A. No. 10951, August 29, 2017) Mutilation Means to take off part of the metal either by filing it or substituting it for another metal of inferior quality The coin must be of “legal tender” in mutilation. It is indispensable that the mutilated coin be of legal tender (People v. Tin Ching Ting, supra)  Section Two. — Counterfeiting Coins Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.  Acts punished under Article 165 1. Possession of coin, counterfeited or mutilated by another person with intent to utter the same, knowing that it is false or mutilated. Elements: 1. Possession 2. With intent to utter 3. Knowledge 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. Elements: 1. Actually uttering 2. Knowledge  Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. — The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed Two million pesos (PhP 2,000,000.00), if the document which has been falsified, counterfeited, or altered, is an obligation or security of the Philippines. The words obligation or security of the Philippine shall mean all bonds, certificates of indebtedness, national bank notes, coupons, Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress.  Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities 2. By prision mayor in its maximum period and a fine not to exceed One million pesos (1,000,000), if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. 3. By prision 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 prision mayor in its minimum period and a fine not to exceed Four hundred 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, August 29, 2017)  Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding One million and two hundred thousand pesos (P1, 200,000). (As amended by R.A. No. 10951, August 29, 2017 Elements: 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 instrument 3. That in case of uttering, he connived with the forger or importer  Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. — Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. Elements:  Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any of the following means: 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true 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 privatedocuments, and wireless, telegraph, and telephone message. Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum period and a fine not exceeding One million two hundred pesos (P1,200,000) shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. (As amended by R.A. No. 10951, August 29, 2017).  Elements 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of Congress or any provincial board or municipal council 2. That the offender alters the same 3. That he has no proper authority therefor 4. That the alteration has change the meaning of the document  Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of prision mayor and a fine not to exceed One million pesos (P1,000,000) shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. Making untruthful statements in a narration of facts; 5. Altering true dates;  Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. 6. Making any alteration or intercalation in a genuine document which changes its meaning; 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons. (As amended by R.A. No. 10951, August 29, 2017)  Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message. Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in its medium and maximum periods and a fine of not more than One million pesos (P1,000,000) shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. (As amended by R.A. No. 10951, August 29, 2017)  Section Four. — Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone message. Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same. Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree.  Section Five. — Falsification of medical certificates, certificates of merit or services and the like. Art. 174. False medical certificates, false certificates of merits or service, etc. — The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (200,000) shall be imposed upon: 1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions. (As amended by R.A. No. 10951, August 29, 2017).  Section Five. — Falsification of medical certificates, certificates of merit or services and the like. Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article.  Section Six. — Manufacturing, importing and possession of instruments or implements intended for the commission of falsification Art. 176. Manufacturing and possession of instruments or implements for falsification. — The penalty of prision correccional in its medium and maximum periods and a fine not to exceed One million pesos (1,000,000) shall be imposed upon any person who shall make or introduce into the Philippines any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter. 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 FALSIFICATIONS Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia. Art. 177. Usurpation of authority or official functions. — Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. (Restored by E.O. No. 187, March 21, 2003). Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia. Art. 178. Using fictitious name and concealing true name. — The penalty of arresto mayor and a fine not to exceed One hundred thousand pesos (P100,000) shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage. 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. (As amended by R.A. No. 10951, August 29, 2017). Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia. Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.  Section Two. — False testimony 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 Two hundred thousand pesos (P200,000). (As amended by R.A. No. 10951, August 29, 2017). False Testimony, defined. False Testimony is 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. Reason for punishing the crime of false testimony False testimony is punished not because of the effect it actually produces, but because of its tendency to favor or to prejudice the defendant.  Section Two. — False testimony 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 Two hundred thousand pesos (P200,000), if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. (As amended by R.A. No. 10951, August 29, 2017).  Section Two. — 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 One million two hundred thousand pesos (P1,200,000), if the amount in controversy shall exceed One million pesos (P1,000,000), and the penalty of arresto mayor in its maximum period to prision correccional in its minimum 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 estimated. (As amended by R.A. No. 10951, August 29, 2017).  Section Two. — False testimony 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.  Section Two. — False testimony 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.  CHAPTER THREE FRAUDS 1. Machinations in public auctions. (Art. 185) 2. Monopolies and combinations in restraint of Trade (Art. 186) 3. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals (Art. 187) 4. Substituting and altering trademarks and tradenames or service marks (Art. 188) 5. Unfair competition, fraudulent registration of tradename, trademark, or service mark; fraudulent designation of origin and false description (Art. 189)- repealed by R.A. No. 8293-Intellectual Property Code  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. Elements of soliciting gift or promise: a. That there be a public auction b. That the accused solicited any gift or a promise from any of the bidders c. That such gift or promise was the consideration for his refraining from taking part in that public auction. d. That the accused had the intent to cause the reduction of the price of the thing auctioned. Section One. — Machinations, monopolies and combinations 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.  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 Forty thousand pesos (40,000) to two hundred thousand pesos (200,000), 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. 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.  Title Six Chapter Two OFFENSES AGAINST DECENCY AND GOOD CUSTOMS 1. Grave Scandal 2. Immoral doctrines, obscene publications and exhibitions (Art. 201) 3. Vagrancy and Prostitution Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. - The penalty of prision mayor or a fine ranging from Twenty thousand pesos (P20,000) to Two hundred thousand pesos (P200,000), or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals; (2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; (3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969).  Publicity is essential This offense in any of the forms mentioned in the article is committed only when there is publicity. The word “moral” implies conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct. The author of obscene literature is liable only when it is published with his knowledge. Writing obscene literature is not punished, but the author is liable if it is published with his knowledge. In every case, the editor publishing it is liable. The word “obscene” means something offensive to chastity, decency or delicacy. (U.S. v. Kottinger, 45 Phil 352)  The test of obscenity The test is whether the tendency of the matter charges as obscene, is to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands such publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency. “Indecency” is an act against the good behavior and a just delicacy. (U.S. v. Kottinger, 45 Phil 352) Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; 4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants: 5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.  R.A. No. 10158 Decriminalized vagrancy R.A. No. 10158 likewise provided that all pending cases on vagrancy shall be dismissed and all persons serving sentence for vagrancy shall be immediately released upon the effectivity of R.A. No. 10158. The vagrancy provision in Article 202 is anti-poor as it fails to see that vagrants are victims of poverty and the lack of opportunities for employment and access to decent standards of living and quality of life. It has likewise been used to discriminate on the basis of gender as women, particularly suspected prostitutes, are routinely arrested under the law. Article 102 not applicable to minors. Provided, that said persons shall undergo appropriate counselling and treatment program (Sec. 58, R.A. No. 9344 otherwise known as the “Juvenile Justice and Welfare Act of 2006”) Prostitutes are women who habitually indulge in (1) sexual intercourse or (2) lascivious conduct for money or profit. As the term “prostitute” is defined in this article, a woman is a prostitute when (1) she habitually indulges in (a) sexual intercourse, or (b) lascivious conduct, (2) for profit. Hence, one sexual intercourse with a man for money or profit does not make a woman prostitute. And several intercourses with different men do not make her a prostitute, if there is no evidence that she indulged in sexual intercourse for money or profit. Note also that sexual intercourse is not absolutely necessary, as lascivious conduct is sufficient.  Chapter One PRELIMINARY PROVISIONS Article 203. Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer. The term public officers embraces every public servant from the highest to the lowest. Requisites: To be a public officer, one must be – 1. Taking part in the performance of public functions in the Government, or Performing in said Government or in any of its branches public duties as an employee, agent or subordinate official of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must be – a. by direct provisions of the law, or b. by popular election, or c. by appointment by competent authority  Chapter II MALFEASANCE AND MISFEASANCE IN OFFICE What are crimes classified under malfeasance and misfeasance in office? The crimes classified under the malfeasance and misfeasance in office are: 1. Knowingly rendering unjust judgment. (Art. 204) 2. Rendering judgment through negligence. (Art. 205) 3. Rendering unjust interlocutory order (Art. 206) 4. Malicious delay in the administration of justice (Art. 207) 5. Dereliction of duty in prosecution of offenses. (Art. 208) 6. Betrayal of trust by an attorney or solicitor – revelation of secrets. (Art. 209) 7. Direct Bribery (Art. 210) 8. Indirect Bribery (Art. 211) NOTE: a. Nos. 1,2,3 and 4 are misfeasances in office that a judge can commit. b. Nos. 7 and 8 are malfeasances in office that a public officer can commit c. No. 5 is nonfeasance Misfeasance, defined. It is the improper performance of some act which might lawfully be done. Malfeasance, defined. Is the performance of some act which ought not to be done. Nonfeasance, defined. Is the omission of some act which ought to be performed.  Chapter Two MALFEASANCE AND MISFEASANCE IN OFFICE Section One. - Dereliction of duty Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification. Elements: 1.That the offender is a judge; 2.That he renders a judgment in a case submitted to him for decision; 3.That the judgment is unjust; 4.That the judge knows that his judgment is unjust. Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. Elements 1. That the offender is a judge 2. That he performs any of the following acts; a. knowingly renders unjust interlocutory order or decree, or b. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. Interlocutory order, defined An interlocutory order is an order which is issued by the court between the commencement and the end of the suit or action which decides some point or matter, but which, however, is not final decision of the matter in issue. The test in determining whether an order or judgment is interlocutory or final is: “Does it leave something to be done in the trial court with respect to the merits of the case? If it does, it is interlocutory; if it does not, it is final.” Example: An order granting preliminary injunction or an order appointing a receiver is an interlocutory order. Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. Elements: 1. That the offender is a judge; 2. That there is a proceeding in his court; 3. That he delays the administration of justice; 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. NOTE: Mere delay without malice is not a felony under this article. Mere delay without malice in holding trials or rendering judgments does not necessarily bring the judge within the operation of this law Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses. Elements of dereliction of duty in the prosecution of offenses 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution or, or to prosecute, offenses. 2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission. 3. That the offender acts with malice and deliberate intent to favor the violator of the law. Who can be the offenders in Article 208? The offender under Article 208 is either (a) a public officer, or (b) an officer of the law. The phrase “officer of the law” includes all those who, by reason of the position held by them, are duty-bound to cause the prosecution and punishment of the offenders. The term “public officer” extends to officers of the prosecution department, whose duty is to institute criminal proceedings for felonies upon being informed of their perpetration. There must be a duty on the part of the public officer to prosecute or to move the prosecution of the offender. Example: A chief of police who, in breach of official duty, failed to prosecute a jueteng collector, in that he failed to file the corresponding criminal action against the latter who has caught possessing jueteng lists, was held liable under Article 208 (People v. Mina, 65 Phil, 621) Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,00), or both, shall be imposed upon any attorney-at- law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. Acts punished as betrayal of trust by attorney. 1. By causing damage to his client, either (1) by any malicious breach of professional duty, (2) by inexcusable negligence or ignorance NOTE: When the attorney acts (1) with malicious abuse of his employment or (2) inexcusable negligence or ignorance, there must be damage to his client. 2. By revealing any of the secrets of his client learned by him in his professional capacity. NOTE: Damage is not necessary. 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client. NOTE: If the client consents to the attorney’s taking the defense of the other party, there is no crime Section Two. - Bribery Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less than twice the value of such gift. Section Two. - Bribery Article 210. Direct bribery. If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine of not less than the value of the gift and not less than three times the value of such gift. In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification. The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985). Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985). Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted. If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by Sec. 4, RA No. 7659) Article 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.