Article 187. Importation And Disposition Of Falsely Marked Articles Or Merchandise Made Of Gold, Silver, Or Other Precious Metals Or Their Alloys
On Criminal Law
Article 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. — The penalty of prision correccional or a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200.000), or both, shall be imposed upon any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandths than the fineness indicated by said stamp, brand, label, or mark.
ELEMENTS:
1. That the offender imports, sells, or disposes of any article or merchandise made of gold, silver, or other precious metals;
2. That the stamps, brands, or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metals or alloys; and
3. That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.
When evidence shows the article to be imported, selling the misbranded articles is not necessary.
The manufacturer who alters the quality or fineness is liable for estafa under Art. 315, 2(b)