Article 26Act No. 3815, Sec./Art. 26

Fine-When afflictive, correctional or light penalty.-A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty, if it be less than 200 pesos.

CHAPTER THREE

DURATION AND EFFECT OF PENALTIES

SECTION ONE.-Duration of Penalties

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

3. Any person who, in the sale or advertising of his

services, shall use or substitute the service mark of some

other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the

trade-name, trademark, or service mark of a person is to

be used, prints, lithographs, or in any way reproduces

such

trade-name,

trademark,

or

service

mark,

or a

colorable imitation thereof, for another person, to enable

that other person to fraudulently use such trade-name,

trademark, or service mark on his own goods or in

connection with the sale or advertising of his services.

A trade-name or trademark as herein used is a word or

words, name, title, symbol, emblem, sign or device, or any

combination thereof used as an advertisement, sign,

label, poster, or otherwise, for the purpose of enabling the

public to distinguish the business of the person who

owns and uses said trade-name or trademark.

A service mark as herein used is a mark used in the sale

or advertising of services to identify the services of one

person and distinguish them from the services of others

and

includes

without

limitation

the

marks,

names,

symbols, titles, designations, slogans, character names,

and distinctive features of radio or other advertising.

Article 189. Unfair competition, fraudulent registration of

trademark,

trade-name

or

service

mark, fraudulent

designation of origin, and false description. - The penalty

provided in the next proceeding article shall be imposed

upon:

1. Any person who, in unfair competition and for the

purposes

of deceiving or defrauding another of his

legitimate trade or the public in general, shall sell his

goods giving them the general appearance of goods of

another manufacturer or dealer, either as to the goods

themselves, or in the wrapping of the packages in which

they are contained or the device or words thereon or in

any other features of their appearance which would be

likely to induce the public to believe that the goods

offered are those of a manufacturer or dealer other than

the actual manufacturer or dealer or shall give other

persons a chance or opportunity to do the same with a

like purpose.

2. Any person who shall affix, apply, annex or use in

connection with any goods or services or any container or

containers for goods a false designation of origin or any

false description or representation and shall sell such

goods or services.

3. Any person who by means of false or fraudulent

representation or declarations orally or in writing or by

other fraudulent means shall procure from the patent

office or from any other office which may hereafter be

established by law for the purposes the registration of a

trade-name, trademark or service mark or of himself as

the owner of such trade-name, trademark or service mark

or

an

entry respecting a trade-name, trademark or

service mark.

Title Five CRIMES RELATIVE TO OPIUM AND

OTHER PROHIBITED DRUGS

2

Article

190.

Possession,

preparation

and

use

of

prohibited drugs and maintenance of opium dens. - The

penalty of arresto mayor in its medium period to prision

correccional in its minimum period and a fine ranging

from 300 to 1,000 pesos shall be imposed upon:

1. Anyone who unless lawfully authorized shall possess,

prepare, administer, or otherwise use any prohibited

drug.

"Prohibited

drug,"

as

used

herein

includes

opium,

cocaine, alpha and beta eucaine,

Indian hemp, their derivatives, and all preparations made

from them or any of them, and such other drugs,

2 Repealed by RA No 6425, March 30, 1972, which was later

superseded by RA No 9165, June 7, 2002.

whether natural or synthetic, having physiological action

as a narcotic drug.

"Opium" embraces every kind, class, and character of

opium, whether crude or prepared; the ashes on refuse of

the same; narcotic preparations thereof or therefrom;

morphine or any alkaloid of opium, preparation in which

opium, morphine or any kind of opium, enter as an

ingredient, and also opium leaves or wrappings of opium

leaves, whether prepared or not for their use.

"Indian hemp" otherwise known as marijuana, cannabis,

Americana, hashish, bhang, guaza, churruz, and ganjah

embraces every kind, class and character of Indian hemp,

whether dried or fresh, flowering or fruiting tops of the

pistillate plant cannabis sativa, from which the resin has

not

been

extracted,

including

all

other

geographic

varieties whether used as reefers, resin, extract, tincture

or in any other form whatsoever.

By narcotic drug is meant a drug that produces a

condition of insensibility and melancholy dullness of

mind with delusions and may be habit-forming.

2. Anyone who shall maintain a dive or resort where any

prohibited drug is used in any form, in violation of the law.

Article 191. Keeper, watchman and visitor of opium den. -

The penalty of arresto mayor and a fine ranging from 100

to 300 pesos shall be imposed upon:

1. Anyone who shall act as a keeper or watchman of a dive

or resort where any prohibited drug is used in any

manner contrary to law; and

2. Any person who, not being included in the provisions of

the next preceding article, shall knowingly visit any dive

or resort of the character referred to above.

Article 192. Importation and sale of prohibited drugs. -

The penalty of prision correccional in its medium and

maximum periods and a fine ranging from 300 to 10,000

pesos shall be imposed upon any person who shall

import or bring into the Philippine Islands any prohibited

drug.

The same penalty shall be imposed upon any person who

shall unlawfully sell or deliver to another prohibited drug.

Article 193. Illegal possession of opium pipe or other

paraphernalia for the use of any prohibited drug. - The

penalty of arresto mayor and a fine not exceeding 500

pesos shall be imposed upon any person who, not being

authorized by law, shall possess any opium pipe or other

paraphernalia for smoking, injecting, administering or

using opium or any prohibited drug.

The

illegal

possession

of

an

opium

pipe

or

other

paraphernalia for using any other prohibited drug shall

be prima facie evidence that its possessor has used said

drug.

Article 194. Prescribing opium unnecessary for a patient.

- The penalty of prision correccional or a fine ranging

from 300 to 10,000 pesos, or both shall be imposed upon

any physician or dentist who shall prescribe opium for

any person whose physical condition does not require the

use of the same.

Title Six CRIMES AGAINST PUBLIC MORALS

Chapter One GAMBLING AND BETTING

3

Article 195. What acts are punishable in gambling. - (a)

The penalty of arresto mayor or a fine not exceeding two

hundred pesos, and, in case of recidivism, the penalty of

arresto mayor or a fine ranging from two hundred or six

thousand pesos, shall be imposed upon:

3 Sec 3 of PD No 1602, June 11, 1978. Provisions of Art.

195-199 of the Revised Penal Code, as amended, Republic

Act No. 3063, Presidential Decrees Numbered 483, 449, 510

and 1306, letters of instructions, laws, executive orders, rules

and regulations, city and municipal ordinances which are

inconsistent with this Decree are hereby repealed.

© Compiled By RGL

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