Memo Aid Crim

7/28/2019 Memo Aid Crim

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Average people believe you have to DO something to get rich.

Rich people believe you have to BE something to get rich.

QUASI-RECIDIVISM HABITUAL DELINQUENCY RECIDIVISM REITERACION / HABITUALITY

Indeterminate Sentence Law R.A.4103

-in imposing a prison sentence for offensespunishable by the revised penal code,-who are not qualified for ISLAW?

o RLD/TMRSE/PHD/EE/VCP/1yr Probation Law P.D. 968

-who are not qualified for probation?o 6yrs/once/1month/SNSPO

-filing of AFP deemed waiver of the RTA-imprisonment or fine only Obstruction of Justice P.D. 1829

-knowingly/willfully OIFD the AIP-by PAHPDMSTG

-if any of the acts is penalized by any otherlaw with a higher penalty, the higherpenalty shall be imposed.

-absorbed in R, if committed with ___,


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ANTI-PLUNDER LAW R.A. 7080-any PO by himself/ in connivance-AAA IW, through_________:

-Misappropriation, Receiving, illegal orfraudulent, Obtaining, Establishing, Taking

M-R-I-O-E-T-aggregate amount or total value-Suspension and loss of benefits

-Period of Prescription-Plunder, although punished in a speciallaw, is a malum in se

ANTI-FENCING LAW R.A. 1612-it is the act of any person who, with intentto gain for himself or for another, shallB-R-P-K-A-C-S-D, value, knows derived.*Elements:-R-B-K-I-Tan vs. People- theft is a public crime

Bouncing Checks Law-what the law punishes-the thrust of the law

-the law is intended to safeguard*Elements:-Making-Knowledge-Subsequent--How is the element of knowledge of Insufficiency established? [prima facie


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presumption of knowledge] Requisites:1. check is presented within2. D/M receives notice

3. fails to pay/make-such presumption cannot arise-a mere oral notice or demand-complete defense?-yulo vs. people (notice of dishonor was

dispense with)-knowledge by the payee of insufficiency of funds is immaterial as-knowledge by the payee of insufficiency of funds, NOT a DEFENSE; EXCEPTION

1.was issued to cover a warranty deposit2.mere purpose of evidencing

-prima facie proof of making and duePresentment

Illegal Possession of Firearms andExplosives

-AP,UMSADP, FAAMTI-provided no other crime committed-Murder/Homicide SAC

-in FCI to in RSA-no separate offense if committed alongwith violation of gun ban, dda


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COMPREHENSIVE DANGEROUS DRUGSACT

-RPC shall not apply to the provisions of this

Act, except in the case of minor offenders,the penalty for acts punished by li-d shallbe rp-d-unnecessary prescription vs.unlawful prescription

-plea bargaining-probation law-illegal possession : PNA-actual/constructive/exclusive possession-illegal sale : IDP-what is material is the proof that the-possession of PD is a necessary element-presentation of a confidential agent,Except: denies and material

-in criminal cases involving pd-animus possidendi is only prima facie-the absence of marked money does not-prior surveillance-no surveillance of the area

-the law materially requires the AP having-non-compliance by the apprehending teamNot fatal; will not render-in seizures covered by search warrants, thephysical inventory and photograph must be


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-in case warrantless seizures-more than just the fact of possession-the chain of custody requirement ensures

-what the DDA punishes is the possessiono drug dependent, voluntary submission

program, finally discharged, conditions:complied; never been charge or convicted; norecord of escape or if escaped he surrendered

w/in 1 week; poses no dangerPROVISIONS APPLICABLE TO FIRST-TIMERMINOR OFFENDER1. Suspension of Sen of a ftmo

-over 15 at the time of the commission of the offense, but not over 18 at the timewhen J should have been p after havingbeen found guilty of said offense-not been previously convicted-not been previously committed to a Center-Board favorably recommends

2. Discharge After Compliance with Conditions of Suspended Sentence of a ftmo

-complies-favorable recommendation of board-court shall order the discharge and toexpunge all official records except cr toretained by DOJ-shall restore the accused to is status prior


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to the case-not be held thereafter to be guilty of p/c/mby his failure to a the case or r any fact

related thereto in response to any inquiry.3. Privilege of SS to be a of Only Once by a ftmo4. Promulgation of S for ftmo

-if he violates any of the conditions of his ssor rules of the board, the C shall pronounce

J of C and shall serve sentence as any otherconvicted person.

5. Probation or Community Service for a ftmo onLieu of Imprisonment

ANTI-MONEY LAUNDERING 9160-is a crime whereby the proceeds of an-committed by the following: AP,KT-KPF-KD

*prosecution of money laundering-a person may be charged with & convicted-proceeding relating to the UA shall be

*AMLCs authority to freeze bank account

-upon determination that PC existsFreeze order 15days-notice to the depositor-explain 72-depose 72, if fails to act


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-15 day freeze order may be extended-no court shall issue a TRO/WI against thefreeze order except

-no court shall issue a TRO or WOI*Authority to inquire into bank deposits

-notwithstanding the provisions of 1405/AMLC may inquire/ upon order/probable c

*Prohibitions against political harassment

-no case for ML during election period ANTI-GRAFT AND CORRUPT PRACTICESACT 3019

-for purposes of the provisions of 3019, theSandiganbayan has jurisdiction over PDTM-GOCC, with OC/IUCC-once a court determines that theinformation charging-the order of suspension pendente lite

*elements of Sec 3[b]-PROCI

*elements of sec 3[e]E-PPCGA mp ebf gin

*elements of sec (g)

-PEG-manifest means OU EM-gross means FS, such conduct as is not tobe excused


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JUVENILE JUSTICE AND WELFARE ACT9344

-15 or under / at the time of commission/

exempt-above 15 but below 18/ exempt/ unless hein which case, minority may be appreciatedas a PMC-below 18 exempt from criminal

prosecution for the crime of VP-M-SR

Crimes against National Security

TREASON*Elements

-fil or resident alien-phils is involve in war with foreign-levy OR adhire AND giving aid and c

*Two (2) witness rule CONSPIRACY AND PROPOSAL TO

COMMIT TREASON


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MISPRISION OF TREASON*Elements: Fil, knowledge of conspiracy,

conceals or does not disclose

ASAP to the GFMF

ESPIONAGE*Elements: 1.) any person , enters

WFNM , intent to obtain CDIP

2.) PO/E, possession,Discloses CDIP

ICD-not necessary that info is obtained, suffice-treason- war-espionage- may be committed both in time

of peace and in time of war

Crimes against Law of Nations

INCITING TO WAR OR GIVING MOTIVESFOR REPRISALS peace time *Elements: PO/E, provokes or gofaw*examples:-public destruction of flag or seal of aforeign state-public manifestation of hostility to thehead/ambassador-intention of offender is immaterial; the law


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considers the effects produced VIOLATION OF NEUTRALITY*ELEMENTS: anyone,phil not involve in war,

regulation issued, violates

CORRESPONDENCE WITH THE HOSTILECOUNTRY*Elements: AP,phil involve in war, makes c,

prohibition, ciphers, useful FLIGHT TO ENEMYS COUNTRY

*Elements: Fil or RA, phil involve in war,attempts to flee or go, prohibited by ca

PIRACY IN GENERAL AND MUTINY IN THEHIGH SEAS OR PHILIPPINE WATERS*ELEMENTS: 1.)stranger, a/s

2.)c/p/m, resistance, raising-mutiny is the unlawful resistance to a QUALIFIED PIRACY*Elements: firing/boarding

meansHompir

*P.D. 523Any person, phil waters, AU/SV/TAvif,Theft, qualified theft

Crimes against the Fundamental Law of the State


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ARBITRARY DETENTION*Elements: poe,d,wolg -illegal detention-legal grounds for detention CC VI/AA

-public officers are policemen and other-agents of the law, the mayor or judges-if committed by other public officers, IDbecause acting in PC-private individuals who conspired w PO

-when is there a detention?-Fear to the extent that they felt compelled

to stay-merely quarreling is -AD through imprudence, art 365 par 2 inrelation to 124 par 1-the law does not fix any min period of D

DELAY IN THE DELIVERY OF DETAINEDPERSON TO THE PROPER JUDICIALAUTHORITY*Elements: poe, dlg, fd-12,18,36-does not apply when arrest is by virtue-since he can be detained indefinitely until-should be released when judge is notavailable.-the illegality of detention is not cured

DELAYING RELEASE*Elements: poe, dpjeo, udsn, udppl

EXPULSION


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*Elements: poe, expels or compels, notABL-onlythe court by final judgment can order

VIOLATION OF DOMICILE

*Elements: poe, notABJO to enter and/orSearch

*Is committed:By Entering,By Searching

By Refusing to leave*If offender is private individual: TTD*entrance s against the will,express/implied*wo the consent, not committed-if no search warrant, and found opium*no amount of incriminating evidence,whatever its source, will supply the placeof search warrant

*silence of the owner, may show IW SEARCH WARRANTS MALICIOUSLYOBTAINED, AND ABUSE IN THE SERVICE OFTHOSE LEGALLY OBTAINED*Elements: 1.) poe, psw, wojc

2.) poe, lpsw, exceeds/uses*search warrant is an order in writing*personal property may be seized:

SO-SEOPO-UIM*requisites for issuing SW*validity 10days


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*No search of a house, room or any otherpremises shall be made, EXCEPT: plo, mof,2w

SEARCHING DOMICILE WITHOUTWITNESSES*Elements: poe, aswlp, sdpob, om2w not

present*search without warrant under the tariff

and customs code does not include adwelling house

PROHIBITION, INTERRUPTION, ANDDISSOLUTION OF PEACEFUL MEETINGS*Elements:

without violencepoe, he performs any of these:By prohibiting OR interrupting

wolg-hpm-dsBy hindering ap-jala-fasBy prohibiting OR hindering

apfa-at-apa-carg*If offender is private individual: DOPO INTERRUPTION OF RELIGIOUS WORSHIP*Elements: poe, i/d, religious c/m OFFENDING RELIGIOUS FEELINGS * Elements: anyone, pdw/drc, anoff

RMS


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Crimes against Public Order

TORTURE LAW R.A. 9745

*Elements:-intentionally inflicts severe pain orsuffering, whether physical or mental

-inflicted either for the purpose of OPID-inflicted by or at the instigation/a of

PA/A REBELLION OR INSURRECTION *Elements:

-pu, and taag-2purposes-remove, deprive

*in furtherance of rebellion*politically motivated*rebellion vs. treason*rebellion vs. subversion HUMAN SECURITY ACT*Elements:

-any person who commits PRCMKD-thereby sowing or creating-in order to coerce-straight 40 yrs wo eligibility of parole-prosecution for terrorism shall be a barto another prosecution under the RPCor any SPL

COUP D ETAT


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*Elements:-committed singly or simultaneously-offender is a person/s belonging to

-committed by means-attack is directed against DMCPO-the purpose of the attack is to S/D-po must take an active part, to beliable; mere silence or omission not

punishable in rebellion-acts committed in furtherance of rebellion/ coup d etat are absorbed

-political crimes vs. common crimes CONSPIRACY AND PROPOSAL TO COMMITCOUP DETAT, REBELLION ORINSURRECTION*Elements:

-There is conspiracy to commit rebellionWhen two or more persons

(agreement + decision)-There is proposal to commit rebellionWhen the person who has decided

DISLOYALTY OF PUBLIC OFFICERS OREMPLOYEES*Elements:

-By failing to resist rebellion


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-By continuing to discharge-By accepting appointment

-presupposes the existence of rebellion by

other persons INCITING TO REBELLION OR INSURRECTIONElements:

-offender does not take arms against thegovernment or in open hostility against

-incite others to the execution-by means of SPWEBO

SEDITION *Elements:

-offenders rise publicly and-they employ FI,or other means-in order to attain any of the ff objects:

*to prevent the promulgation*to prevent the Natl govt, or any *to inflict any act of hate or revenge*to commit, for any political or*to despoil, for any political

o REBELLION vs. SEDITIONo REBELLION vs. COUP DETAT

*common crimes not absorbed,because the enumerated act can becommitted wo commiting murder

CONSPIRACY TO COMMIT SEDITION*Elements: when two or more persons


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come to an agreementconcerning the commission of any acts that constitute sedition

and decided to commit it. INCITING TO SEDITION*Elements:

o when a person without taking anydirect part in the crime of sedition

o incite others to the accomplishmentby means of SPWECBO

o uttering seditious words/speecheswhich tend to disturb the publicpeace

o WPC scurrilous libels against the G orduly CA wc tend to D public peace

ACTS TENDING TO PREVENT THE MEETINGOF CONGRESS AND SIMILAR BODIES

*Elements:-National Assembly/Congress,Constitutional Commission, itscommittees or sub-committees,provincial/city/municipal board

-force or fraud-prevents its meeting-any person


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*if barangay assembly: grave coercion(with violence); prohibition, interruption,dissolution of peaceful meeting 131

(without violence, authority, public officer.) DISTURBANCE OF PROCEEDINGS OFCONGRESS AND SIMILAR BODIES*Elements:

-any person

-disturbs, behave as to interrupt orimpair the respect due it

*proceedings in sangguniang barangay, if party to the meeting, UNJUST VEXATION.

*if serious disturbance, DISTURBANCE OFPUBLIC ORDER 153

VIOLATION OF PARLIAMENTARYIMMUNITY*Elements:

o any person FITF prevent any memberfrom attending, expressing, casting

o poe,in regular/special session, arrestor search, except in case suchmember

ILLEGAL ASSEMBLIES o meeting of armed persons, for the

purpose of committing any of thecrimes punishable under RPC


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-MG/G of persons whether F/M-attended by AP-the purpose of the meeting is to

o meeting in which audience is incitedto the commission of the crime of TRISDA-MG/G of persons-audience whether armed or not, is*presumption if in possession of

unlicensed firearm*meeting=gathering/group,fixed/moving*this IA is a felony, hence, persons MERELY

PRESENT must have common intent tocommit the felony of illegal assembly.absence of such I may exempt the personpresent from CL,if out of curiousity, notliable.

*illegal assembly as regards the leader/organizer and merely present, inciting tor/s insofar as the one inciting them isconcerned

ILLEGAL ASSOCIATION*Elements:

-FDPM of an association-totally or partially organized for thepurpose of committing any crimepunishable under RPC, or for somepurpose contrary to public morals.


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* illegal assembly vs. illegal association Anti-Subversion Act ( R.A. 1700)

*KWBOA

affiliating oneself with, becoming orremaining a member of the CPP

*Conspiring with any other person to OTG*Taking up arms against the G, the offender

being a member of CP

*there is currently no law which punishessubversion

DIRECT ASSAULTFirst form:

-any person who employ F/I-to attain any of the purposesenumerated in the crime of rebellion/sedition-wopu

Second form:-the offender AESIR-a PA/his agent-engaged-or by reason of past performance-offender knows-no public uprising

*Who is a person in authority/agent?o M-DSS-PPT-TN-PSD-PF-J-MC-BCBCo P-MT-P-RP-S-ANBI-MCA-BCT


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*in the first form, the OP may be a PI/PBSC*employing of force should include thedetermination to defy the law and its

representative.*op is agent of PA-force must be serious*op is a PA- force employed need not be

serious*intimidation &resistance must be serious

*when the PIA/TAs descended to matterswhich are private in nature, and at that

*The character of a PIA/HA is not assumedor laid off at will, but attaches to him untilhe ceases to be in office.

*self-defense in DA, acts in legitimate d*if o and op who are both PIA/A, both

contend in the exercise of their respectiveduties, descend to matters which areprivate in nature*information must allege knowledge*complex crime of DA w H/M/S/LPI*SPI is absorbed in DA

INDIRECT ASSAULT *Elements:

-PA/his agent is victim-a person comes to the aid-makes use of F/I upon such pcttaotpa

DISOBEDIENCE TO SUMMONS ISSUED BY


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CONGRESS,CONS COMM, ITS COM OR SUB*Elements:

-refuses without legal excuse to obey

summons-refuses to be sworn or placed underaffirmation, or to answer any legalinquiry, to produce any books or papersin his possession, restrain another from

attending , induce another to disobey RESISTANCE AND SERIOUS DISOBEDIENCE*Elements:

-PA/a is engaged in the performance of OD or gives lawful order to the offender-resists or seriously disobeys such PA/A-act not included in 148 149 150-offender knows

*when the attack/employment of force isnot deliberate , the crime is R/D

SIMPLE DISOBEDIENCE*Elements:

-agent engaged in the P of OD orgives a lawful order to the offender

-disobeys such apa-disobedience not of a serious nature

TUMULTS AND OTHER DISTURBANCES OFPUBLIC ORDER

*Elements:


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-any person-causing ser disturbance in a pp,o,e-or interrupting or disturbing pfgpm

-or making an outcry tending toincite rebellion/s in any mapp

-or displaying p/e which provoke-burying with pomp

*deemed tumultuous if caused by more

than 3 armed persons or provided withmeans of violence

UNLAWFUL USE OF MEANS OFPUBLICATION OR UNLAWFUL UTTERANCES*Elements:

-by publishing or causing to be publishedby means of PLAO, as news, endanger

-by encouraging disobedience to the law-by maliciously publishing/causing tbp

any official resolution or document-by printing,p,d bppl which dn b rpn

*knowledge that the same is false*possibility of danger to the public order

ALARMS AND SCANDALS*Elements:

1. AP, town or public place,shall discharge FRFOE,calculated

2. AP, shall instigate /take active partoffensive to another/prejudicial


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3. AP,while wandering at night /engagedin any NA, shall disturb the pp

4. AP, while intoxicated or otherwise,

shall cause disturbance or scandal,public places

*if discharge of firearm aimed at a person,the crime is DOF 254

*the discharge of frfoe in ones garden or

yard located in the town is AAS, as long asit produced alarm or danger.

*charivari- includes a medley of discordantnoises made on kettles,t,h,etc, designedto cause annoy and insult

DELIVERING PRISONERS FROM JAIL*Elements:

-any person not in custody of -a person confined in j/pe-offender removes therefrom suchperson/ helps the escape-by means of VIB, penalty is higher

*hospital/asylum considered extension of jail or prison

*if the offender is in custody, ICP*a person delivering a prisoner from jailmay be held liable as accessory.

*if the prisoner removed is a detention p,such prisoner is not criminally liable


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*if convicted by final judgment, EotSoS3 KINDS OF EVASION OF SERVICE OF THESENTENCE:

EVASION OF SERVICE OF SENTENCE*Elements:-offender is a convict by FJ-serving sentence which consists DOL-evades the SS by escaping during

*not applicable to sentence executed bydeportation.

*indeed if escape were the purpose of theappellants, they certainly would not haveloitered in the premises of the courthouse,especially considering its proximity to the city jail, where they could be easily spotted andapprehended

*applicable to destierro*compliance with the penalty of destierro

should not be excused upon so flimsy excuse,that is to get her pension check.

*the compelling necessity for funds cannotoutweigh considerations of respect for a final judgment, and is not one of the casesenumerated in the statute books as basis forexemption from criminal liability.CIRCUMSTANCES QUALIFYING THE OFFENSE

*by means of unlawful entry


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*by breaking doors,w,g,w,r,f *by using picklocks,fk,d,d,v,i*through connivance

EVASION OF SERVICE OF SENTENCE ONTHE OCCASION OF DISORDERS,CONFLAGRATIONS, EARTHQUAKES, OROTHER CALAMITIES*Elements:

-offender is a convict by FJ-there is disorder resulting from ceesm-evade the SS by leaving the pi-fails to give himself up48 hrs, proclamation of CE

o increase of 1/5 of remaining time not toexceed 6months

o 1/5 deduction of the period of sentence OTHER CASES OF EVASION OF SERVICE OFSENTENCE (violation of conditional pardon)*Elements:

-offender was a convict-was granted cp by the CE-violated

*the PRESIDENT has the authority toarrest and recommit without trial who, inhis judgment, shall fail to comply with theconditions of his pardon/parole.

-conditions extends to special laws


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COMMISSION OF ANOTHER CRIMEDURING SERVICE OF PENALTY IMPOSEDFOR ANOTHER PREVIOUS OFFENSE

(quasi-recidivism)*Elements:

-offender already convicted by final judgment of one offense.-committed a felony before beginning to

serve such sentence or while serving thesame-SA, max

Crimes against Public Interest

COUNTERFEITING THE GREAT SEAL,FORGING THE SIGNATURE OR STAMP OFTHE PRESIDENT

*must be in relation with the capacity of the president as CE, not in privatecapacity

*blank page signed by the president,used by the secretary, 170/172

USING FORGED SIGNATURE ORCOUNTERFEIT STAMP OR SEAL*Elements:

-knowingly make use of FS,CSS OCE*offender should not be the forger ,


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otherwise, CGSPFSSCE MAKING AND IMPORTING AND UTTERING

FALSE COINS

*Elements:-there be false of counterfeited coins-offender either made, imported or U-in case of uttering such F/CC, heconnived with the counterfeiters

or importers*former coins withdrawn from circulationmay be counterfeited

*coin or currency of FC included*false/counterfeited coins- forged or notauthorized by the gov as LT

MUTILATION OF COINS; IMPORTATIONAND UTTERANCE OF MUTILATED COINS

o First form -mutilating coins of the legal currency-intent to damage or defraud another

o Second form-importation/utterance of MC-there must be connivance with themutilator or importer incase of U

*mutilation means, take off/diminish*coins of foreign country not included*must be LC or current coins of the P

SELLING OF FALSE OR MUTILATED COINS


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WITHOUT CONNIVANCEo First form

-possession

-knowledge-with intent to utter

o Second form-actually uttering -knowledge

*possession/utterance of false coinsdoes not require that the counterfeitedcoin is legal tender

*but if the coin being uttered orpossessed w intent to utter is mutilatedcoins, it must be legal tender

*actual, physical, and constructivepossession or the subjection of thething to ones control

Forging treasury or bank notes or otherdocuments payable to bearer;importing, and uttering such false orforged notes and documents .

o Acts committed:

-forging/f of t/b notes or other dptb-importation of such f/f o/notes-Uttering of such f/f o/n in connivance

with the f/i


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*forging is committed, by giving to a t/bnthe appearance of a true and genuine doc

*falsification , is c by ESC/A by any means,

the f,l,w, or signs contained therein*in importation , forged/f in a foreign

country*in uttering,-offering,w accepted/not, w

a representation, w intent to defraud

COUNTERFEITING, IMPORTING ANDUTTERING INSTRUMENTS NOT PAYABLE TOBEARER*Elements:

-there be an instrument pto/odocnptb-offender either f, i or u such instrument-in case of uttering, he connived w f/i

ILLEGAL POSSESSION AND USE OF FALSETREASURY OR BANK NOTES AND OTHERINSTRUMENTS OF CREDIT*Elements:

-any t/bn/c/oo and s ptb-pto-nptb isforged or falsified by another person

-offender knows that any of those i is-using any of such or possessing withintent to use any of such f/f i

*the rule is that if a person had in hispossession a falsified doc and he made useof it, taking advantage of it and profiting


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thereby, the presumption is that he is theMAOTF

HOW FORGERY IS COMMITTED:

-by giving to a TBNOIPBO the appearanceof a true and genuine document- by erasing, substituting, counterfeiting oraltering by any means the figures, letters,words or signs contained therein.

FALSIFICATION OF LEGISLATIVE DOCUMENTS *Elements

-any person-that there be a bro enacted orapproved or pending approval by eitherHOL or any PB or MC

-the offender alters the same-no proper authority-the alteration has change the meaning

*bro must be genuine FALSIFICATION BY PUBLIC OFFICER,EMPLOYEE, OR NOTARY OR ECCLESIASTICMINISTER

*Elements:-POENEM taking advantage of officialposition

*has the duty to m/p or intervene in thepod; has the official custody


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-shall falsify a document, by:o counterfeiting/i any hwsro causing it to appearo attributing to personso making untruthful statementso altering true dateso making any alterationo issuing in an authenticated formo intercalating any instrument

-EM, the act of f is committed w respect toany record or doc of such charac that itsfalsification may affect the CS of persons

*document-any WS by which a right isestablished or an obligation extinguished

*the document must be of ALE*must there be a genuine document in f?*by simulating or fabricating a document*it is not necessary that it be a realdocument, it is enough that it be given theappearance of a genuine document

*even if the doc is originally a privatedocument, if it is in official custody/ it formspart of the official record when it is f by poe

REQUISITES:1. counterfeiting v. feigning

-intent to imitate or attempt to imitate-the genuine and forged bear resemblance


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*counterfeiting- there is an original s/hwwhich is imitated, imitation is necessary,but it need not be perfect

*imitating/feigning- no original signature,hw or rubric, but a forgery of a s, hw orrubric that does not exist.-making it appear that a person who doesnot know how to write has signed the

document2.-cause to appear

-did not in fact so*impersonating the owner of a piece of

land as vendor in the forged dos wouldconstitute an act of f

*placing by the accused of his thumbmarkin the lov opposite the name of electorwho have not actually voted

3.-person/s participated in an act/p-made an statement in an act/p-attributed to such person statement otherthan those in fact*by perverting the truth in

4.-makes in a doc statements in a nof -legal obli to disclose the truth of the fn-facts narrated are AF -the perversion of truth in the nf was madewith the wrongful intent of injuring a tp


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*had she stated that she was born on, shewould undoubtedly have been guilty of f,because the date of her birth was a matter

of fact. But when she declared that shewas eligible, she merely expressed herbelief that the 23 yr requirement could beadequately met if she reached 23 yrs uponassuming councillorship. She made a

mistake of judgment; but she could not beheld thereby to have intentionally made afalse statement of fact in violation of 171

*LO- means there is a law requiring thedisclosure of the truth of the factsnarrated

*person making the narration of facts mustbe aware of the falsity of the facts nbh

*if the statements are not altogether false ,there being some colorable truth in suchstatements, the crime of falsification isnot deemed to have been committed.

*no f if correction was made to speak thetruth

*LO to DTT, is inherent in residencecertificate. Principal by induction

*wrongful intent not essential when thedocument falsified is public document

*there is no falsification by one who acted


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in good faith*falsification by omission

5.-date mentioned in the doc is essential

-must affect the veracity/effects thereof *BMD-essential dates*altering dates to prevent the discovery of

malversation is falsification, even if thealteration of a date does not affect the

integrity of the document6.-there be A/I

-made on a GD-change the meaning of the D-change made speak something false

*Alteration which speaks the truth is not F*D did not commit any crime n changinghis age. He simply made the cedula speakthe truth. It was correction, not F.

*altering the grades n examination papersinvolves several acts of falsification

7.*committed only by a PO/NP who takesadvantage of his OP, since theauthentication of a D can be made only bythe custodian or the one who preparedand retained a copy of the OD.*liability of PI who conspires with a PO inFoaPD is guilty of this crime and incursthe same liability and penalty as the PO


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*intent to gain or prejudice or causedamage to a third person not necessary,because it is the interest of the

community which is intended to beguaranteed by the strictest faithfulnessof the officials charged with thep and p of the acts in wc they intervene.

FALSIFICATION BY PRIVATE INDIVIDUALSAND USE OF FALSIFIED DOCUMENTS

o 1-offender is a PI or PO/E who did nottake advantage of his official position

-committed any acts of F enumerated-the F was committed in a p/o/c doc*PuD -a doc cei by a po in response tothe exigencies of the public service,orin the execution of w/c a po intervened

-any instrument notarized by aNP or a competent po, with thesolemnities required by law

*OD-a doc which is issued by a po in theexercise of the functions of hisoffice. An official doc is also a pd. Itfalls w/in the larger class called pd

-when presented, it became part of the records of that office and isfully invested with the character of an official or public document


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*PiD-a deed or instrument executed bya pp w/o the intervention of anotary public or other person

legally authorized, by w/c docsome disposition or agreement isproved, or evidence set forth

*COD-doc defined and regulated by theCOC or any other CL

-are documents or instrumentsused by merchants orbusinessmen to promote orfacilitate trade.

-cash disbursement vouchers arenot commercial document

the ff writings are public:-written/records of official acts-doc acknowledged b4 a NP except-public records kept-all other writings are private

*a private doc may acquire thecharacter of a public documentwhen it becomes part of an officialrecord and is certified by a publicofficer duly authorized by law

*damage or intent to cause damagenot necessary, what is punished isthe violation of the public faith and


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the destruction of the truth ,a creditis sought to be protected .

*lack of malice or criminal intent is a

defense in fopudo 2-offender committed any of the acts of

falsification except par 7-f was committed in a private doc-f caused damage to a third party or at

least the f was committed with intentto cause such damage

*mere f of a pridoc is not enough, musthave counterfeited the false doc,and performed an independent act which operates to the prejudice of athird person.

*it is not necessary that the O profitedor hoped to profit by the falsification,as all that the law requires is an intentto prejudice another person.

*the intent to cause damage must haveco-existed with the act of falsificationitself.

*falsification of poc document as anecessary means to commit estafa,theft or malversation

-before the FD is actually utilized to defraud another, thecrime of falsification has already been consummated,


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damage or intent to cause damage not being an elementof the crime of fopocd

-the crime of falsification has already existed .-actually utilizing that falsified poc document to defraudanother is estafa .

-but the damage to another is caused by the commissionof estafa , not by the falsification of the document.Therefore, the falsification of poc doc is only a necessarymeans to commit estafa

-The intent to defraud in using the falsified privatedocument is part and parcel of the crime, and cannot giverise to the crime of estafa , because the damage, if itresulted, was caused by, and became the element of, thecrime of falsification of private document. The crime of estafa in such case was not committed, as it could notexist without its own element of damage.

*theft through falsification of OD-through the falsified purchase order and apass, the offenders were able to obtaingoods which they loaded on the truck.

-the acts of falsification consisted in-the falsification of the purchase order, anofficial document, was a necessary means tocommit the crime of theft.

*estafa through falsification of commercialdocument by reckless imprudence

-the accused did not take proper and

adequate means to assure himself of theidentity of the real claimants as an ordinaryprudent man would do . He acted withoutmalice and there being no evidence that heshared in the proceeds of the check.


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*malversation through falsification of public document

*there is no complex crime of estafa through

falsification of a private document, becausethe immediate effect of falsification of private doc is the same as that of estafa.

*if a private doc is falsified to obtain fromthe offended party the money or other

personal property which the offender latermisappropriated, the crime committed isfalsification of private document only.

*if a private document is falsified to concealthe misappropriation of the money or otherpersonal property which has been in thepossession of the offender, the crimecommitted is estafa with abuse of confidence.

*falsification through reckless imprudence*no falsification of private documentthrough reckless imprudence

-since in falsification of a private document,there is at least intent to cause damage, thatis, there must be malice, and falsificationthrough imprudence implies lack of suchintent or malice, there is no such crime asfofoapdtn/ri

*generally, falsification has no attempted or


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frustrated stage, F is consummated themoment the genuine document is altered orthe moment the false document is executed.

It is immaterial that the offender did notachieve his objectives. There may befrustrated crime of falsification, if thefalsification is imperfect.

o 3. Use of falsified document -O knew that a doc was falsified by another-the false doc is embraced in 171 or inany subdivisions no.1 or 2 of Art 172

-he introduced said document inevidence in any judicial proceeding.

Use in any other transaction-O knew that a document was falsified

by another person-the false document is embraced in art171 or in any of subdivision no 1or 2of art 171

-he used such document-such caused damage to another or atleast it was used with intent to causesuch damage

*damage is not necessary in the crime of *the user of the falsified document isdeemed the author of the falsification, if the use was so closely connected in time with


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the falsification, and the user had thecapacity of falsifying the document.

Falsification of wireless, cable, telegraph,and telephone messages, and use of saidfalsified messages

o Uttering fictitious w, t or telephone msgs-O is an o/ee of the G or an o/ee of a pc,

engaged in the service of sending orreceiving wireless, cable or telephonemessages

-that the offender commits any of thefollowing acts:uttering f w, c, t or telephone msg; orfalsifying w, c, t or telephone msg

o Use of said falsified massages-accused knew that the w, c, t ortelephone message was falsified by anyof the persons specified

-accused used such falsified dispatch-resulted in the prejudice of a thirdparty, or that the use thereof was withintent to cause such prejudice

False medical certificates, false certificatesof merit or service, etc.

o False Medical Certificate by a Physician -a P/S who, in connection with the


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practice of his profession, issued a falsecertificate

o False Certificate of Merit or Service by a

Public Officer -PO who issued a false COMOS, GCOSC

o False Medical Certificate by a PI or FalseCertificate of Merit or Service by a PI-a PI who falsified a certificate falling in

the classes mentioned Using false certificates

-that a P/S had issued a FMC, or a POhad issued a FCOM/SGC or a PP hadfalsified any of said certificates

-offender knew that the cert was false-used the same

Making, importing and possession of instruments or implements for falsification

o Making or introducing into the Phils anystamps, dies, marks, or otherinstruments or implements forcounterfeiting or falsification

o Possessing with intent to use theinstruments or implements forcounterfeiting or falsification made in orintroduced into the Philippines*the implements confiscated need notform a complete set, it being enough


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that they be employed by themselves ortogether with other implements tocommit the crime of counterfeiting or

falsification.*Art 165 and 176, RPC, also punishconstructive possession

Usurpation of authority or official functionsAny person-Two ways of committing:

o Usurpation of authority-By knowingly and falsely representingoneself to be an officer, agent or rep of any dept or agency of the Phil Gov or anyforeign government*the mere act of knowingly and falselyrepresenting oneself to be an officer issufficient.*not necessary that he performs an actpertaining to a public officer

o Usurpation of official functions-By performing any act pertaining to anypia or po of the Phil gov or of a foreign govor any agency thereof, under pretense of official position, and without beinglawfully entitled to do so*there must be positive , express andexplicit representation

represented himself to be an


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should have performed an actpertaining

*false representation may be shown by acts

*may be violated by a public officer*does not apply to occupant under color of title

Using fictitious name and concealing truename

o Using fictitious name-uses name other than his real name-uses that fictitious name publicly -to conceal, evade, cause damage to pui

*FN-any other name which a personpublicly applies to himself withoutauthority of law is a fn

*must be causing damage to publicinterest, if it is damage to privateinterest, the crime will be EbmoFP

*Where a person takes the place of another whohas been convicted by final judgment, he is guiltyof UaFN punishable under art178, and not of evasion of the service of the sentence, because the

real convict alone is guilty thereof.-delivering prisoners from jail-evasion of service of sentence-using fictitious name to evade the EOJ-using fn to conceal the c of DaPFJ


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o Concealing true name-O conceals his true name and all OPC-purpose is only to conceal his identity

*distinction bet UOFN and CTN Anti-Alias Law*any person desiring to use an alias shall

apply for judicial authority for the use of alias.

*more than mere communicating to a thirdperson, must be made openly , or in anopen manner or place , or to cause it tobecome generally known .

*Estradas representation s to the peoplewere made in privacy and in secrecy withno iota of intention of publicity

Illegal use of uniforms or insignia-O makes use of insignia, uniform of dress-IUUD pertains to an office not held byO or to a class of persons of which he isnot a member-said IUUD is used publicly or improperly *wearing the uniform of an imaginary

office, not punis hable*an exact imitation of a uniform or dressis unnecessary. A colorable resemblance calculated to deceive the common run of people, not those thoroughly familiar


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with every detail or accessory thereof, issufficient.

*a layman who wears publicly the

ecclesiastical habit of a Catholic priest isliable under 179

RA 75- unauthorized wearing of any naval,military, police or other official uniform,decoration or regalia of a foreign State, or

one nearly resembling the same, withintent to deceive or misled.RA 493- wearing insignia, badge oremblem of rank of the members of AFP*illegal manufacture, sale, distribution anduse of PNP uniforms, insignias and otheraccoutrements are punished by EO 297

3 Forms of False Testimony FTICC - FTICC - FTIOC

*false testimony - under oath , required totestify as to the truth, at a hearing before acompetent authority , deny the truth or saysomething contrary to it.

False testimony against the defendant-there be a criminal proceeding-offender testifies falsely under oath againstthe defendant


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-offender knows that it is false-defendant against whom the ft is given iseither acquitted or convicted bfj

*defendant must be sentenced at least to a correctional penalty, or a fine, or must be acquitted

*the witness who gave ft is liable even if histestimony was not considered by the court

False testimony favorable to the defendant-give ft in favor of the d in criminal case-in the prosecution for a felony punishableby an afflictive penalty/ any other case

*FTFTD is equally repugnant to the OAOJ*FT is punished not because of the effect it

actually produces, but because of itstendency to favor or to prejudice thedefendant.*FT by negative statement is in favor of

defendant*need not directly influence the decision of

acquittal, it being sufficient that it was givenwith the intent to favor the accused*FTFTD need not benefit the defendant*conviction or acquittal in the principal case,

not necessary, it is sufficient that d is


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prosecuted for a felony punishable by AP orby OC

*acted with malice or with CI to testify falsely

False testimony in civil cases-testimony must be given in a civil case -must relate to the issues presented in saidcase-must be false

-must be given by the defendant knowing the same to be false-must be malicious & given with an intentto affect the issues in said case*182 not applicable when the false

testimony is given in special proceedings,as the same may fall under the categoryof other cases contemplated in 183.

False testimony in other cases and perjuryin solemn affirmation

2 ways of committing perjury: falsely testifying under oath making a false affidavit

*Elements:

-made a statement UO or executed anAUaMM-made before a competent officer,authorized to R and AO-made a willful and deliberate AoaF


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-the SS/A containing the falsity is RBL*OATH- any form of attestation by which a

person signifies that he is bound in conscience to

perform an act faithfully and truthfully.*AFFIDAVIT- is a sworn statement in

writing ; a declaration in writing, made upon oathbefore an authorized magistrate or officer.

*MM-is the main fact which is the subject of

the inquiry or any circumstance which tends toprove that fact, or any fact or circumstance whichtends to corroborate or strengthen the testimonyrelative to the subject of inquiry, or whichlegitimately affects the credit of any witness whotestifies.

*material - when it is directed to prove a factin issue.

*relevant - when it tends in any reasonabledegree to establish the probability orimprobability of a fact in issue.

*pertinent - when it concerns collateralmatters which make more or less probable theproposition at issue.

*the assertion of falsehood must be willfuland deliberate, no perjury through negligence orimprudence.

*good faith and lack of malice is a defense


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*even if there is no law requiring thestatement to be made under oath, as long as it ismade for a legal purpose, it is sufficient.

*SUBORNATION OF PERJURY- is committedby a person who knowingly and willfully procures another to swear falsely and the witness suborneddoes testify under circumstances.

*principal by inducement

*principal by direct participation Offering false testimony in evidence

-offered in evidence a fw/ft-he knew the witness/the t was false-made in j/o proceeding*attempted offering false testimony in

evidence liability of a person whopresented a false witness who did not testifyon any mm because the latter desisted fromtestifying.

*desistance during the attempted stage of execution is an absolutory cause whichexempts him from criminal liability.

*184 contemplates of a case where aperson, without inducing another, butknowing him to be a false witness, presentedhim, and the latter testified falsely in a j/op.

*if there is an inducement, art 180, 181,182, 183 in relation to art 7, par 2, will apply.


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Machinations, Monopolies and Combinations

Machinations in public auctionso Soliciting gift or promise

-there be public auction -A solicited any gift or a promise fromany bidders

-in consideration for his refraining fromtaking part in that public auction

-intent to cause the reduction of theprice of the thing auctioned

*consummated by mere solicitation, notrequired that the person making the proposalactually refrains from taking part in any pa.

o Attempting to cause bidders to stay away-public auction-attempted to cause the bidders to stayaway from that pa-done by threats, gifts, promises or anyother artifice-intent to cause the reduction of the priceof the thing auctioned

*mere attempt consummates the crime Monopolies and combinations in restraintof trade

o Combination to prevent free


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competition in the market-by entering into any contract of agree-or taking part in any conspiracy or

combination in the form of trust/o-in restraint of t/c-or to prevent by artificial means freecompetition in the market

o Monopoly to restrain free competition inthe market-by monopolizing any merchandize orobject of trade or commerce-or by combining w any other person/sto monopolize said mer or object inorder to alter the prices thereof -by spreading false rumors /making useof any other A to restrain FC in the M.

o MP/P/I c, c /a with any person to maketransactions prejudicial to LC or toincrease the MPM-person liable are MPPI-crime committed by CC/A w any person-purpose:

to make transactions prejudicial tolawful commerce to increase the market price of anymerchandise or object of commerceMPPA/I into the Philippines


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*mere conspiracy or combination is punished*PD/M are liable only when they:

knowingly permitted, or

failed to prevent the commission of such offenses

o Illegal price manipulation*Hoarding

-undue accumulation by a person/comb

of persons of any BC beyond his or theirnormal inventory levels.

-unreasonable limitation or refusal todispose of, sell or distribute the stocksof any BN or PC to the GP

-unjustified taking out of any BN or PCfrom the channels of reproduction,trade or commerce

*Profiteering-sale or offering for sale of any BN or PCat a price grossly in excess of its worth

*Cartel-any comb of/agreement bet 2 or morepersons engaged in the pmpssdmsd of

any bn/pc designed to artificially andunreasonably increase/manipulate itsprice.

Frauds in Commerce and Industry


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Importation and disposition of falselymarked articles or merchandise made of gold, silver, or other precious metals or their

alloysArticles/merchandise involved:GSOT*Elements:-the offender IS/D of any of those a/m-the sb/m of those a/m fail to indicate the

actual f/q of said metals or alloy-the offender knows that the sb/m fail toindicate the actual f/q of the metals/alloys

*does not apply to manufacturer of misbranded articles made of gold, silver, etc.instead, liable for estafa 315.2.b

Art. 188, 189- repealed by IPCOP R.A.8293Acts punished:

*Infringement of trademark/tradename*Unfair Competition*False designation of origin and falsedescription or representation

INFRINGEMENT:

Who is liable?-without the consent of the owner of the rm*use in commerce any rcc or colorableimitation of a registered mark or the samecontainer or a dominant feature thereof in


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connection with the sale, ofs, d,a of any g/sincluding other preparatory steps necessaryto carry out the sale of any g/s on or in

connection with such use is likely to causeconfusion or to cause mistake , or to deceive

*RCC/CIa registered mark or a dominantfeature thereof and apply such reproduction,counterfeit, c/ci to LSPPWR/A intended to be

used in commerce upon or in connectionwith the S,OFS,D/A of goods or services or inconnection with which such use is likely tocause confusion , or to cause mistake , or todeceive .

MARK -any v s capable of dtg(tm) or s (servicemark) of an enterprise and shall include s/mc

TRADENAME means the name or designationidentifying or distinguishing an enterprise.

tradename vs. trademark-tn is a name used in the trade to designate a

particular business of certain individualsconsidered as entity; whereas tm is used toindicate the origin or ownership of the goods towhich it is affixed.OFFICE / FUNCTION OF TM

-is not to name/ describe the quality of goods.It is to indicate the o/o of the goods to which it isfixed. It is to distinguish the goods of one person


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from those of another, and to prevent one personfrom passing off his goods/b as the g/b of another.

-to point out distinctly the o/o and to prevent

fraud and imposition.ELEMENTS

1. validity of plaintiffs mark 2. plaintiffs o of the m 3. use of the mark or its ci by the alleged

infringer results in loc -gravamen of TI ?

1. validity-trade mark must not be merely d/g*generic terms:-constitute the common descriptive name of -comprise the genus of wc the pp is a species -commonly used as the n/d of a kind of goods-imply reference to every member of a genusand the exclusion of individuating characters

*marks that consist exclusively of signs or anyindication that may serve in trade todesignate the k,q,q,ip,v,go,t/p of the goods orrendering of the services or other character-ristics of the g/s, are NOT REGISTRABLE.

*Descriptive as understood in its normal andnatural sense, it forthwith conveys the c,f,q/i of aproduct to one who has never seen it and does notknow what it is, or it forthwith conveys an


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immediate idea of the i,q,/c of the goods, or if itclearly denotes what goods or services areprovided in such a way that the consumer does

not have to exercise powers of p/i.*is merely descriptive and it would be unjust to

deprive other dealers of the right to use the samewords with reference to their merchandise.

*mere geographical names are ordinarily

regarded as common property, and it is a GR thatsame cannot be appropriated as the subject of anexclusive tm/tn.

*tradename which loses its distinctiveness orhas become publici juris.2. Ownership

-tm/tn must be registered-a COR shall be prima facie evidence of the

validity of registration, the r o of the m, and thers exclusive right to use the same in connectionwith the g/s and those that are related thereto.3.Use/CI results in loc

-tm used need not be identical w the i tm. Acolorable imitation is sufficient.

-ci denotes such a resemblance to the originalas to deceive an ordinary purchaser giving suchattention as a purchaser usually gives, as to causehim to purchase the one supposing it to be theother.


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TEST IN DETERMINING CONFUSING SIMILARITY*Dominancy Test

-focuses on the similarity of the prevalent

features of the competing tms wc mightcause confusion or deception, and thusinfringement.

-if the tm contains the main, essential ordominant features of another, and confusion

or deception is likely to result, i takes place*Holistic Test

-requires the entirety of the marks inquestion be considered in resolvingconfusing similarity. Comparison of words isnot the only determining facto r.

-the deceiving eye of the observer mustfocus not only on the predominant wordsbut also on the other features appearing inboth labels in order that he may draw hisconclusion whether one is confusinglysimilar to the other.

*SC relied on the dt rather than ht*dt considers the dominant features in the

competing marks in determining whetherthey are confusingly similar .

*courts give greater weight to the similarity of appearance of the p arising from the a of thedf of the rm, disregarding minor differences.


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*similarity in s,f,c,while relevant,is not conclusive*while there are similarities in the two marks,

there are also differences which are glaring

and striking to the eye.TYPES OF CONFUSIONarising from the use of similar or colorable imitation marks;

Confusion of goods-the ordinarily prudent purchaser would be

induced to purchase one product in thebelief that he was purchasing the other.

Confusion of business-one product might reasonably be assumed to originate from the other source , and thepublic would then be deceived either intothat belief or into the belief that there issome connection , which in fact, does notexist.

DISTINCTIONS between COG and COB-there is cog when the products arecompeting. Confusion of business existswhen the products are non-competing butrelated enough to produce confusion of affiliation.

CONCEPT of related goods-when goods are so related that the publicmay be, or is actually, deceived and misled that they come from the same maker or


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manufacturer , trademark infringementoccurs.

*non-competing, it can reasonably be assumed

that they originate from one manufacturer,use of similar marks.

* No TI if the public does not expect theplaintiff to make/sell the same class of goodsas those made or sold by the defendant.

UNFAIR COMPETITION Who are liable?*any person who sells his goods and gives

them the GA of goods of another which wouldlikely to influence other purchasers to believethat the goods offered are those of the other,or who otherwise clothes the goods with suchappearance as shall deceive the public anddefraud another of his LT.

*any person who by artifice, or d, who e anyother means calculated to induce the FB thatsuch person is offering the services of anotherwho has identified such services in the mind of the public.

*AP who shall make any false statement inthe course of trade or who shall commit anyother act contrary to GF of a naturecalculated to discredit the g,b/s of another.

Unfair competition, defined:


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-consists in employing deception/ aomctgf -by which he shall pass off the goodsmanufactured by him for those of the one

having established GW, or shall commit anyacts calculated to produce said result.

Elements of UC: Confusing similarity in the GA of the goods Intent to deceive the public and defraud a c*intent to deceive or to defraud may be

inferred from the similarity in the appearanceof the goods manufactured or sold by the Oand the complainants.

TRUE TEST OF UC*whether certain goods have been clothed

with the appearance which is likely to deceivethe ordinary purchaser exrcisng ordinary care,and not w a certain limited class of purchaserscould avoid mistake by the exercise of this s k.

TI vs. UC-uc is broade r and more inclusive; ti is of limited range .

-in ti,the op has identified a peculiar symbol or

mark with his goods and thereby has acquireda property right in such symbol or mark ; in uc,the op has identified in the mind of the public the goods he manufactures or deals in fromthose of others.


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-in ti, o uses the tm/tn of another manufacturer or dealer and sells his goods onwhich the tm is affixed; whereas, in uc, the o

gives his goods the GA of the goods of anothermanufacturer or dealer and sells the same.

o ti-unauthorized use of a tm, uc- passing off of ones goods as those of another.

o ti-fraudulent intent in unnecessary,uc-essentialo ti-prior registration of a tm is a prerequisite to

the action, un-registration is not necessary

*TI constitutes UC when there is not merelylikelihood of confusion, but also actual orprobable deception on the public because of the general appearance of the goods.

*There can be TI wo UC as when the infringerdiscloses on the labels the mark that hemanufactures the goods, thus preventing thepublic from being deceived that the goodsoriginate from the tm owner.

FALSE DESIGNATION OF ORIGIN / FALSEDESCRIPTION OR REPRESENTATION

-who is liable?

*any person who in connection with anygoods or services, is likely to causeconfusion, or to cause mistake, or todeceive as to the a, c or a; or in commercialadvertising or promotion, misrepresents the


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n, c, q, or go of his or her or anotherpersons g,s or ca

o The accused affixed in the labels of the

bottle of the food seasoning a falsedesignation of origin that the said foodseasoning was packed by __, when in truthit was packed in the Phils, there is such falserepresentation.

o Use of duly stamped or marked bottles,boxes casks, kegs, barrels and other similarcontainers, without written consent.*wantonly destroy, use for any otherpurpose than that registered by themanufacturer, bottler or seller.

SMUGGLING OR ILLEGAL IMPORTATION*merchandise must have been fraudulently or

knowingly imported contrary to law *if the d is not the importer himself, must have

received, concealed, bought, sold or in anymanner facilitated the t,c or sale of themerchandise.

*d must be shown to have knowledge that themerchandise had been illegally imported

o Found in possession of the d, withoutsatisfactory explanation , such possession issufficient evidence that he has knowledge of the fact of illegal importation and that, not


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being the importer himself, he has received,concealed, bought, sold or facilitated the t,c ors of such iim.

Crimes against Public Morals

GamblingP.D. 1602 -

-ap who, in any manner, shall d/i take partin any illegal or unauthorized activities orgames-ap who shall knowingly permit any form of gambling referred to, to be carried on inand inhabited or uninhabited place or anyb,v or other means of transportationowned or controlled by him-m,c or b is a government official-ap knowingly and without lawful purposein any hour of any day, possesses anylottery list, paper or other mattercontaining i,f,s/s pertaining to or in anymanner used in the games of j,j,hrb andsimilar games of lotteries and numberswhich have taken place or about to takeplace-BO who, with knowledge of the existenceof a gambling house or place in his


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jurisdiction FTA the same or take action inconnection therewith-SO,SG,WM,P/HDOh,v,b,e and the like

which have the reputation of a gamblingplace or where gambling activities arebeing held

*playing for money is not necessary, whenthe law names the games, punishing any

person who take part therein, its purpose isto prohibit absolutely those games

*the law makes a game or scheme punishableeven if the winning depends upon skill,when wagers consisting of money,articles orvalue or representative of value are at stakeor made

*spectators are not liable in gambling. Amere bystander or spectator in a gamblinggame is not criminally liable, because hedoes not take part therein, directly orindirectly.

*elements of lottery: c-c-p*no lottery where there is full value of money, the player obtains full value for hismoney; the winning of the watch- a mereaccident

*


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Memo Aid Crim

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