Kategoriak: All - fraud - competition - falsification

arabera Antonio Sanchez 10 years ago

213

CRIMES v1.0

The text addresses various forms of fraudulent activities and legal violations related to trademarks, public auctions, competition, and the falsification of documents. It details specific crimes such as the fraudulent use and sale of trademarks, the substitution and alteration of trademarks and tradenames, and the sale of misbranded or fake articles.

CRIMES v1.0

CRIMES

Honor

Defamation
Performing an act

Intriguing to blemish honor or reputation of any person

Art 364 Intriguing against honor

If source of derogatory information can be pinpointed and definitely determined and accused adopts as his own and passes it to others

Art 358 Slander

If public and malicious

Directly incriminates or imputes to an innocent person the commission of a crime

Art 363 Incriminating innocent person

If imputation is falsely made, before an officer Giving false statement under oath or false affidavit, imputing to a person the commission of a crime

Art 183 Perjury

Not included in any other crime of honor Performed in the presence of other person Casts dishonor, discredit or contempt upon offended party

Art 359 Simple slander by deed

Of serious nature

Art 359 Grave slander by deed

If without shame or humiliation to offended party

If with lewd designs

Orally

Art 358 Simple slander

Of serious and insulting nature

Art 358 Grave slander

In writing

Publicly made

Malicious

Threat

To publish a libel concerning the victim or his family Offer to prevent publication of a libel for compensation or money

Art 356 Threatening to publish and offer to prevent such publication for compensation (or Blackmail)

Actually made

In writing, printing, lithography, engraving, radio phonograph, painting, theatrical exhibition, cinematographic exhibition or any similar means

Art 355 Libel by means of writings or similar means

If through an amplifier, but without the element of writing

Art 358 Slander (Oral Defamation) - Not considered in writing

Chastity

Married man either: Cohabiting with other woman OR Keeping a mistress in conjugal dwelling

Art.334 Concubinage

Acts of Lasciviousness/ Lewdness (no sexual intercourse)
without Consent

Offended party is of either sex

Under the following circumstances: 1. Through force and intimidation 2. Victim is deprived of reason or unconscious 3. Through fraud 4. Victim is under 12 years of age or demented

Art. 336 Acts of Lasciviousness

If without lewd designs

Art 359 Slander by deed

Consented

Offended party is a woman, who is: 1. Virgin, single, widow of good reputation 2. Age > 12 to < 18 years old 3. OR a sister or descendant

Accomplished by abuse of authority, confidence, relationship, or deceit

Art. 339 Acts of Lasciviousness with the Consent of the Offended Party

Sexual Assault
Insert penis into another person's mouth or anus or Insert any object into another person's genital or anus

By force or intimidation or When woman deprived of reason or otherwise unconscious or By means of fraud or Woman is under 12 yo

Art 266-A Rape by sexual assault

Carnal Knowledge
With a man

by a married woman

Man is not her husband and knows her to be married

Art 333 Adultery

With a woman

18 yo or over

With consent

Woman habitually indulged for money or profit

Art 202 Prostitution

By force, threat or intimidation or When woman deprived of reason or otherwise unconscious or By means of fraud

By a married man

Woman is not his wife and knows him to be married

Under scandalous circumstances

Art. 333 Concubinage

with a Minor, >12 to <18 years of age

Force and Intimidation or Woman is deprived of reason or unconscious or By means of fraud

Deceit

Offended party is of good reputation, single or widow

Art. 338 Simple Seduction

Abuse of Confidence, Authority, or Relationship

Offended party is a Virgin

Art. 337 Qualified Seduction

Below 12 or demented

Art 266-A Rape by sexual intercourse

Public interest

Fraud
In trademarks

Substituting trademark / service mark and selling the same Offering for sale fraudulently used trademarks Printing, lithographing or reproducing tradename, trademark or service mark

Art 188 Substituting and altering trademarks, tradenames or service marks

Selling misbranded/fake/false articles

Procuring fraudulently registration of trademark, tradename or service mark

Art 189 Fraudulent registration of trade name, trademark or service mark

Affixing false designation of origin or false description

Art 189 Fraudulent designation of origin and false description

Other fake articles

Art 189 Unfair competition

Articles made of gold, silver, other precious metals or their alloys

Art 187 Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals or their alloys

In public auction

Attempt to cause bidders to stay away from public auction by threats, gifts, promises or any other artifice

Soliciting gifts or promises from any of the bidders to refrain him from taking part in public auction

Art 185 Machinations in public auctions

To restrain free competition in the market

Combining, conspiring or agreeing to make transactions prejudicial to lawful commerce or increase market price of merchandise

Art 186 Combinations and Monopolies in restraint of trade

Monopoly

Art 186 Monopolies in restraint of trade

Combination

Art 186 Combination in restraint of trade

False testimonies
Knowingly and falsely representing oneself to be a Government officer/official

Makes use of insignia, uniform or dress

Art 179 Illegal use of uniforms or insignia

Conceal true name to conceal identity

Art 178 Concealing true name

Use fictitious name publicly to cause damage to public interest

Art 178 Using fictitious name

Performing acts pertaining to any PA or APA under pretense of official position

Art 177 Usurpation of authority or official functions

Falsification
Wireless, Telegraph and Telephone Messages
Falsification of a private document by any person

(1) Offender is a Private individual OR Public officer or employee who did not take advantage of his official position; (2) He committed any act of Falsification (Art. 171); (3) The falsification was committed in a public, official, or commercial Document or letter of exchange

Art. 172 Falsification by priva

Document of Public Officer or Notary

(1) Offender is a Public officer, employee, or notary public; (2) He Takes advantage of his official position; (3) He falsifies a document by committing any of the following act in Art. 171

ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER

Falsification of a public or official, or commercial documents by a private individual
Legislative Document

(1) A Bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council; (2) Offender Alters the same; (3) He has No proper authority therefor; (4) The alteration has Changed the meaning of the documents.

ARTICLE 170 - FALSIFICATION OF LEGISLATIVE DOCUMENTS

Forgery & Counterfieting
Treasury or Bank notes or other documents payable to bearer

Importing, Counterfeiting and Uttering of documents payable to bearer

Art. 167 Importing, Counterfeiting and Uttering of documents payable to bearer.

Art. 166 Forgery of Treasury or Banknotes or other document Payable to bearer

Possession or Use

168. Illegal Possesion or use of forged treasury or bank notes or other document payable to bearer

Coins of Legal Tender

Mutilating the coin to gain from the precious metal dust abstracted

Art. 164 Mutilation of Coins

Making, Importing and Uttering of Falsified and counterfeited with Connivance

Art. 163 Making, Importing and Uttering of False Coins

Forging of: 1. The great seal of the Republic 2. Signature of the President 3. Stamp of the President

Forger

Art. 161. Counterfeiting of the Great Seal of the Republic and Forgery of the Stamp and Signature of the President

User

Art. 162 Using of forged signature and counterfeit Seal and Stamp

Property

Presonal

Arf. 308 Theft

If a motor vehicle

Carnapping

If a large cattle

Rustiling

if committed by a domestic servant or with grave abuse of confidence or consist of fruits from a plantation or if taken from the occasion of a calamity or a fish from the pond

If fish with the use of explosives, poison, etc

Illegal Fishing

Art. 310 Qualified Theft

Art. 294 Robbery

On Aerial Motor Vehicles

Hijacking

On Highways

By Brigands

Art. 306 Brigandage

Aiding the Brigands

Art. 307 Aiding Brigandage

On sea

Piracy

Removal/Sale/Pledge of mortgage property

Art. 319 Chattel Mortgage

Subtopic
Real & Personal
Acquiring/Recieving

Use of Deceit/

Damage

Delibrately

But not under arson

Malicious Mischief

Use of Fire

Arson

If used to conceal or dispose a dead body

Distinct and separate crime of

If used with intent to kill

Murder

Several

Destructive

If cattle

Rustling

Absconded through fraud and prejudicial to creditors

Fraudulent Insolvency

Real
Enter dwelling

Without owner, member of family or two witnesses

Art 130 Searching domicile without witnesses

Without permission Against the will of owner

Art 128 Violation of domicile

Taking

Violence

Without

To alternate a landmark or boundery

Alteration of boundaries or landmarks

With

Usurpation

Life

Physical Injury
Offender is any person

victim is any person

Knowingly administering substance without intent to kill incurred serious physical injury

Art 264 Administering injurious substance or beverage

wounded/beated

lost

use of speech power to hear or smell eye, hand,foot, arm leg use of such any member

Art. 263 Serious Physical Injury

Essential reproductive organ

Art 262 Mutilation

Capacity to work

more than 90 days

10 days and above or shall require medical attendance

Art 265 Less seriuos physical injury

1-9 days

Art. 266 Slight Physical Injury

Face was deformed which caused ugliness

Art 263 Serious Physical Injury

slapped

Art 266 Slight physical injury

with intent to humiliate

Art. 359 Slander by deed

without intent to kill no conspiracy under tumultuous affray resulted into injury

Art 252 Physical injuries inflicted in tumultuous affray

Death
Offender

Self

Suicide

+ giving assistance

Art 253 Giving assistance to suicide

Any person

Child is below 3 years old

+ mother or any other person yet with consent of the mother

Art 258 Abortion practiced by the woman herself or by her parents

+ committed by Physician or Midwife + taking advantage of his skill or knowledge

Abortion practiced by a physician or midwife and his dispensing of abortive

Art 255 Infanticide

Without intent + discharge of firearm

Art 254 Discharge of Firearm

Not aimed at any person

with intent - any of the qualifying circumstances under art 248

Art 249 Homicide

Attended with rape

Rape with Homicide

with intent +any of the qualifying circumstances under art 248

Art 248 Murder

attended with rape

Rape with Murder

Several persons

Victim is any person

without intent - conspiracy killer cannot be identified + tumultuous afray

Art 251 Death caused in a tumultuous affray

Mother / Father

Victim is a Child aged 3 and below

Can not live even after being separated from mother's womb

With or without violence yet with intent

Intentional Abortion

With violence yet without intent

Unintentional Abortion

Can live even after being separated from mother's womb

Art Infanticide

Victim is a Child aged 3 and above

Art Parricide

Son / daughter

Victim is Mother / Father

Art Parricide

Public Office

Offender is a Public Officer
Any other public officers

Became interested in any contract or business

Offender has official duty to intervene

Art. 216 Possession of Prohibited Interest by a Public Officer

Becomes interested in any transaction of exchange or speculation

Transaction within the offender's jurisdiction

Art. 215 Prohibited Transactions

Appoints or nominates unqualified person

Offender has knowledge of the person's lack of qualification

Art. 244 Unlawful Appointments

Refuse to cooperate

Maliciously fails to cooperate

Art. 233 Refusal of Assistance

Solicits, immoral or indecent advances to woman

woman interested in matters under Offender's decision or custody

Art. 245 Abuses against Chastity

Disobedience

Disobeys lawful order to refrain from proceeding

Art. 242 Disobeying Request for Disqualification

Disobeys superior

upon disapproval of offender's suspension

Art. 232 Disobedience to the order of Superior Officer when said order was suspended by Inferior officer

Revelation of secrets

affects private persons

Art. 230 Public officers revealing secrets of private individuals

affects public interest

Art. 229 Revelation of secrets by an Officer

Custody of documents

opens or permits other to open the document without proper authority

Art. 228 Opening of Closed Documents

breaks or permits other to break the seal

Art. 227 Officer Breaking Seal

abstracts, destroys or conceals document/s

Art. 226 Removal, Concealment or Destruction of Documents

Custody of Prisoners

Maltreats prisoner

Imposition of punishment not authorized OR Inflicting punishment in cruel and humiliating manner OR Maltreating to extort confession or obtain information

Art. 235 Maltreatment of Prisoners

Prisoner escapes

Offender is a private person not in charge of custody or conveyance of the prisoner

Art 156 Delivering prisoners from jail

Offender is in charge of custody or conveyance of the prisoner

through Negligence

Art. 224 Evasion through Negligence

with Connivance (secretly allow)

Art. 223 Conniving with or Consenting to Evasion

Offender is a Private Person

Art. 225 Escape of Prisoner under the custody of a person not a Public Officer

Render accounting

unlawfully leaves or attempts to leave the country

Art. 219 Failure of a Responsible Public officer to render accounts before leaving the country

fails to render account 2 months after due

Art. 218 Failure of Accountable Officer to render accounts

Malversation of Public Funds

Misappropriated for personal benefit OR Permit other persons to take funds

Art. 217 Malversation of Public Funds or Property - Presumption of Malversation

Maliciously fails to pay OR Refuses to make delivery

Art. 221 Failure to make delivery of Public Funds or Property

Applies fund to other public use than appropriated by law

Art. 220 Illegal Use of Public Funds or Property

Defraud the government

by his official position, commits fraud enumerated in Article 315-318 (Estafa, Swindling)

Art. 214 Other Frauds

by entering into agreement OR excess payment than authorized by law OR failing voluntarily to issue a receipt OR receiving payment of different nature provided by law

Art. 213 Fraud against the Public Treasury and Similar Offenses

Accepts gift, offer, promise or present

by reason of public office

Art. 211 Indirect Bribery

to commit a crime OR execution of an unjust act OR refrain from doing official duty

refrain from arresting or prosecuting an offender

Offender is a Law Enforcer

Art. 211-A Qualified Bribery

if penalty imposed on arrested offender is less than reclusion perpetua

Art. 210 Direct Bribery

Elected Official

Refusal to discharge duties OR Refusal to be sworn in

No legal motive for such refusal

Art. 234 Refusal to Discharge elective office

From Executive

Usurp Judicial Powers

Addresses order or suggestion to any judicial authority

Judicial has exclusive jurisdication

Art. 243 Orders or Request by Executive Officer to any Judicial Authority

Assumes judicial powers OR Obstructs execution of an order by a Judge

Art. 241 Usurpation of Juidicial Functions

From Judicial

Any Judicial Officer

Usurp Legislative Powers

Art. 239 Usurpation of Legislative Powers

Refuses to execute judgment, decision or order

Art. 231 Open Disobedience

Attorney

Maliciously causing damage by breach of professional duty OR Maliciously causing damage by ignorance / negligence OR Revealing client secrets OR Undertaking defense of opposing party without consent

Art. 209 Betrayal of Trust by an Attorney or a Solicitor - Revelation of Secrets

Judge

Usurp Executive authorities

Art. 240 Usurpation of Executive Functions

Proceeding

Malicious delay

Art. 207 Malicious Delay in the Administration of Justice

Judgment

Unjust Interlocutory Order

Art. 206 Unjust Interlocutory Order

Manifestly Unjust

Through Negligence or Ignorance

Art. 205 Judgment Rendered Through Negligence

Unjust

Judge knows

Art. 204 Knowingly Rendering Unjust Judgment

Liberty

Imprisoned
Committed a new felony before beginning to serve or while serving his sentence

Art 160 Commission of another crime during service

Violate any conditions of conditional pardon

Art 159 Other cases of evasion of services of sentence

Escape from prison

Art 157 Evasion of service of sentence

There is disorder (i.e., conflagration, earthquake, explosion or mutiny which he has not participated)

Fail to give himself up within 48 hours

Art 158 Evasion of service of sentence on the occasion of disorders, conflagration, earthquakes, or other calamities

Religious performance
+ Performed acts notoriously offensive to the feelings of the faithful

Art 133 Offending the religious feelings

+ Prevented or disturbed by public officer

Art 132 Interruption of religious worship

Holding meetings and establishing associations
Establishing associations

For purpose of committing crimes under RPC or other purposes contrary to public morals

Art 147 Illegal associations

Holding meetings

Prevented/Interrupted/Disturbed by

Private Individuals

Public Officers

Art 131 Prohibition, interruption and dissolution of peaceful meetings

Attended by armed persons

+ For purposes of committing crimes under RPC

Art 146 Illegal assemblies

Expel person from the Philippines or Compel person to change residence
Art 127 Expulsion
Delaying release of prisoner
Art 126 Delaying release
Arrest
With legal ground

Exceed authority or use unnecessary severity in obtaining search warrant

Art 129 Abuse in executing search warrant legally obtained

Search warrant without just cause

Art 129 Search warrants maliciously obtained

Without legal ground

By private individual

Art. 269 Unlawful Arrest

By public officer

Detain
Victim 18yo or over

Offender is a Public Officer

No Legal grounds

Art. 124 Arbitrary Detention

Offender is a Private individual

Art. 268 Slight Illegal Detention

More than 3 days OR Simulating public authority OR Serious Physical injuries or threats to kill OR Victim is female or public officer

Art. 274 Services Rendered under Compulsion in Payment of Debt

Victim under 18yo

Offender is any other person

Other illegal grounds

Art. 267 Kidnapping and Serious Illegal Detention

Legal grounds

+ Fail to deliver within 12 hrs - crimes punishable by light penalties 18 hrs - punishable by correctional penalties 36 hrs - punishable by afflictive penalties

Art 125 Delay in delivery of detained persons to proper judicial authorities

For payment of Debt

Art. 273 Exploitation of Child Labor

Offender parent or guardian where minor is living

Induce minor to abandon his/her home

Art. 271 Inducing a minor to abandon his home

Offender entrusted with custody of minor

Deliberately failed to return minor to guardian

Art. 270 Kidnapping of Minors

Enslave
Art. 272 Slavery

Security

Public Order
Public disturbance

Vagrancy

With means of support

Idle or dissolute person who lodges in houses of ill fame ruffian or pimp and habitually associates with prostitutes

No means of support

Loitering in the streets or public places

Able to work but neglect to apply himself for a lawful calling

Art 202 Vagrancy

Gambling

Betting

Money,any object, or article of value

horse races Except during periods allowed by law

Art 198 Illegal betting on horse races

cockfighting

Art 199 Illegal Cockfighting

boxing or other sports contests

Art 197 Betting in sports contests

Sale, Import, Posses, with intent to use

Lottery tickets or advertisements

art 196 Importation, sale, possession of lottery tickets or advertisement

participate/permit

Cockfight

Art 199 Illegal cockfighting

game of: Monte,Jueteng,any other form of lottery, policy,banking, or % game, dog races, or any other game which depends wholly or chiefly upon chance or hazard

Art 195 Gambling

Publishing

Obscene literature

Art 201 Obscene publications

Maliciously publishing resolution or document without proper authority or do not bear real printer's name

False news

+ may endanger public order or the State

Art 154 Unlawful use of means of publication

Indecent acts

Exhibit indecent or immoral plays, scenes, acts or shows

Art 201 Indecent shows

Perform scandalous or indecent acts

Art 200 Grave scandal

Wandering at night or engaging in any nocturnal entertainments

Art 155 Alarms and scandals

Instigating or taking an active part in any charivari

Expound or proclaim

Encouraging disobedience to the law by praising, justifying or extolling acts punishable by law by words, utterances or speeches

Art 154 Unlawful utterances

Doctrines contrary to public morals

Art 201 Immoral doctrines

Serious disturbance Display placards or emblems Burying with pomp body of person legally executed

Art 153 Tumults and other disturbances of public order

Not serious in nature

Art 155 Alarms and scandals

Disrespect of Gov't Office / Official

Against Persons in Authority (PA) / Agent of Persons in Authority (APA)

Resist/Disobey

Art 151 Simple Disobedience to PA or APA

Seriously Disobey

Art 151 Resistance and Serious Disobedience to PA or APA

Assaulting

Against Legislative bodies and similar bodies

Refuse to obey summons, be sworn to or answer to any legal inquiry

Art 150 Disobedience to summons issued by the National Assembly, its committees or subcommittees or divisions

Prevent member from attending, expressing or casting his vote

Art 145 Violation of parliamentary immunity

Disturb or interrupt meetings

Art 144 Disturbance of proceedings

Prevent holding of meetings

Art 143 Acts tending to prevent the meeting of the Assembly and similar bodies

Attacking or seizing a vessel

By crew members or passengers

Art 122 Piracy in general on the High Seas or in Philippine Waters

Not by crew members or passengers

Art 122 Mutiny on the High Seas or in Philippine Waters

+ Boarding or firing the vessel + Abandoned the victims without means of saving + Murder, homicide, physical injuries or rape

Art 123 Qualified Piracy

Public Uprising

Swift Attack accompanied by Violence, intimidation, threat strategy or stealth

+ To diminish state power

Conspiracy / Proposal

Art. 136 Conspiracy & Proposal to commit Coup D' Etat, Rebellion or Insurrection

Art. 134-A Coup D' Etat

Tumultous

Art 146 Illegal assemblies

Art 142 Inciting to sedition

Art 141 Conspiracy to commit sedition

Art 139 Sedition

Upon other person aiding such PA or APA

Taking up of arms

Fail to resist rebellion Continue to discharge duties under control of rebels

Art 137 Disloyalty of public officers or employees

Inciting

Through meetings

Art 146 Illegal assemblies

Mere outcry or unconscious outburst

Art 153 Disturbances of public order

Any other means or representations

Art 138 Inciting to rebellion or insurrection

Conspiracy and proposal

Art 136 Conspiracy and proposal to commit coup d'etat, rebellion or insurrection

Participant

Art 134 Rebellion or insurrection

No public uprising

Art 148 Direct assault

Upon other person aiding the PA or APA

Art 149 Indirect assault

National Security
Peace time

Any acts inciting to war

Art. 118 Inciting to War or Giving motives for Reprisals

In times of war

Obtain confidential information by entering establishment without authority

Art 117 Espionage

Philippines not involved

Violates regulation on neutrality

Art. 119 Violation of Neutrality

Disclosing confidential information to a foreign representative by public officer

Art 117 Espionage

Philippines is involved

While having allegiance to Philippines, goes to the enemy country

Art. 121 Flight to Enemy's Country

Communicates with Enemies

Art. 120 Correspondence with Hostile Country

Levies War Or Aids Enemies

Proposal

Art. 115 Proposal to commit Treason

Conspiracy

With knowledge of Conspiracy and conceals or did not disclosed

Art. 116 Misprision of Treason

Conspirator

Art. 115 Conspiracy to commit Treason

Accused is the participant

Art. 114 Treason