Bistado ang pagbebenta ng pekeng pera ng isang lalaking inaresto as Cavite. Ang mga pekeng pera, ibinebenta sa online shopping app! Ano nga ba ang sinasabi ng batas tungkol dito? Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.
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00:00 The sale of fake money by a man arrested in Cavite is a hot topic.
00:04 The money and dollar bills were sold and it has now reached the online shopping app.
00:09 What does the law say about this?
00:12 Let's find out this morning with our "Kapuso sa Batas" attorney, Gabby Concepcion.
00:15 Good morning, attorney!
00:16 Good morning to you, Ivan.
00:18 Good morning to all the viewers.
00:19 Even money?
00:20 Even fake money.
00:22 Can it be bought through the online shopping app?
00:25 The question is, can a person afford to print money
00:29 and is there an authorization that can be applied for this?
00:32 Well, actually, as far as I understand, there are at least two crimes
00:35 related to the printing of money.
00:38 The first one is the fraud of money
00:41 that attempts to make the money we use look like a tender
00:45 or to pay all our debts and obligations.
00:48 It means you try to pass it off as the real item, as real money.
00:53 As in, the safety features are copied in the amount of money.
00:57 This is what we call counterfeiting.
01:00 This is a criminal offense under Article 166 of the Revised Penal Code.
01:04 The penalty for this is 12 years to 14 years and 8 months in prison
01:08 and a fine of 2 million for both.
01:11 But there is a second aspect to this.
01:14 The printing of the appearance of money is also prohibited.
01:19 You don't need to look like a real person.
01:21 Even if you print black and white or a different color,
01:24 you can't put fake or plain money, even if it's small.
01:29 It's not allowed and it needs approval
01:31 from the BSP or the Central Bank of the Philippines to do this.
01:35 Others photocopy it and make it look like an envelope,
01:40 like a Christmas gift.
01:41 They make it look like it's plain money and sell it online on shopping apps.
01:45 But this is prohibited because the integrity of our money is lost.
01:50 The BSP can approve it for educational and historical purposes.
01:55 But it shouldn't be big like real money.
01:58 It should be 3/5 small or 1.5 times big.
02:02 And the penalty for printing, even if it's just plain money,
02:08 if the BSP has no authority, is 5 to 10 years.
02:12 So, those on the shopping apps,
02:15 it's not like real money.
02:18 Don't be so sure.
02:20 There are so many penalties.
02:23 Attorney, are there different types of penalties
02:25 depending on what you're printing?
02:27 Of course.
02:29 Almost all penalties are prohibited.
02:31 And the penalty depends on what you're printing.
02:34 These penalties are usually based on the seriousness of the crime
02:40 and the effect it has on the public.
02:41 So, the penalty for printing money, you know that.
02:44 It's a bit heavy.
02:45 The penalty for selling designer bags,
02:48 it's prohibited under the Intellectual Property Code of the Philippines.
02:52 It's a form of trademark infringement.
02:54 And the penalty is 2 to 5 years, fine of 50 to 200,000 pesos.
02:59 The penalty for falsification of public and private documents,
03:02 it's also a crime, of course.
03:04 It's heavier if it's done by a public official for up to 12 years.
03:09 If it's done by a private individual, it's 6 years.
03:11 The penalty for selling medical certificates,
03:14 the penalty is 6 years.
03:16 The penalty for selling drugs,
03:17 of course, it's heavy because it involves health and life.
03:21 That's why under the Republic Act 8203,
03:23 the Counterfeit Drugs Act,
03:25 the penalty is possession,
03:27 selling, using, importing, exporting, donating,
03:30 manufacturing of counterfeit drugs.
03:32 And the penalty depends on the fact that the patient is sick because of the fake drugs.
03:36 12 to 15 years imprisonment,
03:38 fine of 500,000 pesos.
03:40 If the victim died as against other possible crimes,
03:45 life imprisonment and up to 5 million pesos fine.
03:48 So it really depends on the gravity of the offense.
03:51 Let's not joke.
03:52 Let's not joke.
03:54 In reality, what is the penalty, Attorney?
03:56 For a person who bought any fake product or item,
04:00 is there a penalty?
04:01 And is there a difference in the penalty if he knows or he doesn't know that he bought a fake product?
04:08 Well, knowing is always material, right?
04:10 Sometimes, what differentiates a crime between a non-crime and a crime
04:14 is your intent to do something guilty.
04:16 But it still depends.
04:17 Usually, a buyer of fake goods can't be charged,
04:20 like a fake signature handbag here in the Philippines.
04:23 But if you buy a fake one,
04:24 I just want to be famous.
04:25 Fake.
04:26 I just want to be a celebrity.
04:28 Yes, but it's fake.
04:30 But if you use a fake software,
04:33 you might face a copyright infringement case.
04:36 Possession of counterfeit drugs
04:38 is a crime, a mere possession,
04:41 unless you can prove that you bought it from a drugstore, a hospital, or a licensed dealer.
04:47 Otherwise, you can be charged with six years of possession without a receipt.
04:51 Possession of counterfeit money,
04:54 if you hold it and you don't know that it's fake,
04:59 you don't have a plan to use it.
05:01 Sometimes, it's just like a collection.
05:03 This one, there's no crime, no penalty.
05:05 But if you show that you used it or have an intent to use it,
05:09 it's punishable under our revised penal code.
05:13 But the bottom line is, like you said,
05:15 -Don't do it. -Don't do it.
05:16 -Let's not do fake. -Don't do fake.
05:17 Yes.
05:18 Let's just stick to the legit.
05:19 Even if you're a human, don't do it.
05:21 Oh, you're being so rough.
05:23 -Adarnay, thank you so much. -Thank you so much.
05:25 -Have a great week ahead. -Have a great week ahead.
05:26 Have a great week despite the rains.
05:28 Keep safe.
05:29 Chai?
05:30 Chai.
05:31 [BLANK_AUDIO]