ARTCLE 179: ILLEGAL USE OF UNIFORMS AND INSIGNIA

In document Criminal Law 2 Reviewer (Page 38-41)

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

19. ARTCLE 179: ILLEGAL USE OF UNIFORMS AND INSIGNIA

IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE

Ø Exact imitation of a uniform or dress is unnecessary; a colorable resemblance calculated to deceive the common run of people is sufficient.

Ø RA 75 also punishes using the use of uniform, decoration or regalia of a foreign state by people not entitled to do so.

Ø RA 493 punishes wearing an insignia, badge, or emblem of rank of the members of the AFP or constabulary.

1. FALSE TESTIMONY

IMPORTANT POINT TO REMEMBER IN THIS ARTICLE

Ø The witness who gave the false testimony is liable even if his testimony was not considered by the court.

18. ARTICLE 178: USING FICTITIOUS AND CONCEALING TRUE NAME

Acts punished

1. Using fictitious name

a. Offender uses a name other than his real name;

b. He uses the fictitious name publicly;

c. Purpose of use is to conceal a crime, to evade the execution of a judgment or to cause damage [to public interest – Reyes].

2. Concealing true name

a. Offender conceals his true name and other personal circumstances;

b. Purpose is only to conceal his identity.

19. ARTCLE 179: ILLEGAL USE OF UNIFORMS AND INSIGNIA

Elements

1. Offender makes use of insignia, uniforms or dress;

2. The insignia, uniforms or dress pertains to an office not held by such person or a class of persons of which he is not a member;

3. Said insignia, uniform or dress is used publicly and improperly.

20.ARTICLE 180:FALSE TESTIMONY AGAINST ADEFENDANT

Elements

1. There is a criminal proceeding;

2. Offender testifies falsely under oath against the defendant therein;

3. Offender who gives false testimony knows that it is false.

4. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

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CRIMINAL LAW II IV. CRIMES AGAINST PUBLIC INTEREST

Three forms of false testimony

1. False testimony in criminal cases under Article 180 and 181;

2. False testimony in civil case under Article 182;

3. False testimony in other cases under Article 183.

Ø Articles 180 – 184 punish the acts of making false testimonies since because such acts seriously expose the court to miscarriage of justice.

IMPORTANT POINTS TO REMEMBER IN THIS ARTICLE

Ø The testimony need not be beneficial to the defendant.

Ø Conviction or acquittal of defendant in the principal case is not necessary.

Ø Rectification made spontaneously after realizing the mistake is not false testimony.

IMPORTANT POINT TO REMEMBER IN THIS ARTICLE

Ø 182 does not apply in special proceedings. These are covered by 183 under “other cases”.

IMPORTANT POINT TO REMEMBER IN THIS ARTICLE

Diaz vs. People, 191 SCRA 86 Elements of perjury

1. Offender makes a statement under oath or executes an affidavit upon a material matter;

2. The statement or affidavit is made before a competent officer, authorized to receive and administer oaths;

3. Offender makes a willful and deliberate assertion of a falsehood in the statement or affidavit;

4. The sworn statement or affidavit containing the falsity is required by law, that is, it is made for a legal purpose.

Ø The statement should be outside the coverage of art 180-181.

Ø Because of the requirement that the assertion of a falsehood be made willfully and deliberately, there could be no perjury through negligence or imprudence.

Ø Furthermore, good faith or lack of malice is a defense in perjury.

Ø It is not necessary that there be a law requiring the statement to be made under oath, as long as it is made for a legal purpose.

IMPORTANT POINT TO REMEMBER IN THIS ARTICLE

Ø The counsel is the one liable in this case.

C.

Frauds

ARTICLE 183:FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

Acts punished

1. By falsely testifying under oath;

2. By making a false affidavit.

21.ARTICLE 181:FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Elements

1. A person gives false testimony;

2. In favor of the defendant;

3. In a criminal case.

22.ARTICLE 182:FALSE TESTIMONY IN CIVIL CASES

Elements

1. Testimony given in a civil case;

2. Testimony relates to the issues presented in said case;

3. Testimony is false;

4. Offender knows that testimony is false;

5. Testimony is malicious and given with an intent to affect the issues presented in said case.

ARTICLE 184:OFFERING FALSE TESTIMONY IN EVIDENCE

Elements

1. Offender offers in evidence a false witness or testimony;

2. He knows that the witness or the testimony was false;

3. The offer is made in any judicial or official proceeding.

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CRIMINAL LAW II IV. CRIMES AGAINST PUBLIC INTEREST

IMPORTANT POINT TO REMEMBER IN THIS ARTICLE

Ø The crime is consummated by:

• mere solicitation of gift or promise as consideration for not bidding, or

• by mere attempt to cause prospective bidders to stay away from an auction

ARTICLE 185: MACHINATIONS IN PUBLIC AUCTIONS

Acts punished

1. Soliciting any gift or promise as a consideration for refraining from taking part in any public auction;

Elements

a. There is a public auction;

b. Offender solicits any gift or a promise from any of the bidders;

c. Such gift or promise is the consideration for his refraining from taking part in that public auction;

d. Offender has the intent to cause the reduction of the price of the thing auctioned.

2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice.

Elements

a. There is a public auction;

b. Offender attempts to cause the bidders to stay away from that public auction;

c. It is done by threats, gifts, promises or any other artifice;

d. Offender has the intent to cause the reduction of the price of the thing auctioned.

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In document Criminal Law 2 Reviewer (Page 38-41)

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