Вы находитесь на странице: 1из 14

A.

ELEMENTS OF ROBBERY IN GENERAL: (293)


1. That there be personal property belonging
to another.
2. That there is unlawful taking of that
property.
3. That the taking must be with intent to gain,
and
4. That there is violence against or
intimidation of any person, or force upon
anything.
Notes:
1. Belonging to another person from whom
property was taken need not be the owner,
legal possession is sufficient
2. Name of the real owner is not essential so
long as the personal property taken does
not belong to the accused except if crime is
robbery with homicide
3. Taking of personal property must be
unlawful; if given in trust estafa
4. s to robbery with violence or intimidation
from the moment the offender gains
possession of the thing even if offender has
had no opportunity to dispose of the same,
the unlawful taking is complete
5. s to robbery with force upon things thing
must be taken out of the building
6. !ntent to gain presumed from unlawful
taking
7. Taking must not be under the claim of title
or ownership
8. "hen there#s no intent to gain but there is
violence in the taking grave coercion
9. $iolence or intimidation must be against
the person of the offended party, not upon
the thing
10. General rule: violence or intimidation must
be present before the %taking& is complete
11. Exe!": when violence results in
homicide, rape, intentional mutilation or any of
the serious physical in'uries in par ( and ) of art
)*+, the taking of the property is robbery
complexed with any of these crimes under art
),-, even if taking is already complete when
violence was used by the offender
(). .se of force upon things entrance to the
building by means described in arts ),, and +/)
0offender must enter1
(+. "hen both violence or intimidation and
force upon things concur it is robbery with
violence
R#$$er%
&'"(
)'#lene
Gra)e
"(rea"*
Gra)e
#er'#n
!ntent to
gain
No intent to
gain None
!mmediate
harm
!ntimidation;
promises
some future
harm or in'ury
!ntimidation
0effect1 is
immediate and
offended party
is compelled to
do something
against his will
0w2n right or
wrong1
R#$$er% Br'$er%
3 didn#t commit crime
but is intimidated to
deprive him of his
property
3 has committed a
crime and gives
money as way to
avoid arrest or
prosecution
4eprived of 5hp thru
force or intimidation
6iving of 5hp is in
one sense voluntary
Neither
Transaction is
voluntary and mutual
7x. defendant demands
payment of 5).// with
threats of arrest and
prosecution, therefore,

robbery because 0a1
intent to gain and 0b1
immediate harm
A. ELEMENTS OF ROBBERY +IT, -IOLEN.E
AGAINST OR INTIMI/ATION OF 0ERSON: (291)
cts punished as robbery with violence against
or intimidation of persons
By reason or on occasion of the robbery, the
following are committed8
1. homicide
2. robbery accompanied with rape or
intentional mutilation, 95! insane,
imbecile, impotent or blind
3. 95! lost the use of speech, hear, smell,
eye, hand, foot, arm, leg, use of any such
member, incapacitated for work habitually
engaged in
4. $iolence2intimidation shall have been
carried to a degree clearly unnecessary for
the crime or when in the cause of its
execution 95!2deformity, or shall have lost
any part of the body or the use thereof or
shall have been ill or incapacitated for the
performance of the work for : ,/ days; : +/
days
5. ny kind of robbery with less serious
physical in'uries or slight physical in'uries
Notes:
1. special complex crimes 0specific penalties
prescribed1
1. robbery with homicide if original
design is robbery and homicide is
committed robbery with homicide
even though homicide precedes the
robbery by an appreciable time. !f
original design is not robbery but
robbery was committed after
homicide as an afterthought )
separate offenses. 9till robbery with
homicide if the person killed was an
innocent bystander and not the
person robbed and if death
supervened by mere accident.
2. robbery with rape intent to commit
robbery must precede rape.
5rosecution of the crime need not be
by offended party fiscal can sign
the information. "hen rape and
homicide co;exist, rape should be
considered as aggravating only and
the crime is still robbery with
homicide
3. robbery with intimidation acts done
by the accused which by their own
nature or by reason of the
circumstances inspire fear in the
person against whom they are
directed
4. <ualifying circumstances in robbery
with violence or intimidation of
persons, if any of the offenses
defined in subdivisions +, - and = of
rt ),- is committed8
1. in an uninhabited place or
2. by a band or
3. by attacking a moving train,
street car, motor vehicle or
airship, or
4. by entering the passenger#s
compartments in a train, or in
any manner taking the
passengers thereof by surprise
in the respective conveyances,
or
5. on a street, road, highway or
alley and the intimidation is
made with the use of firearms,
the offender shall be punished
by the max period of the
proper penalties prescribed in
art ),-
B. 23ALIFIE/ ROBBERY +IT, -IOLEN.E OR
INTIMI/ATION (294)
Notes:
1. >ust be alleged in the information
2. ?an#t be offset by generic mitigating
3. rt ),= will not apply to8 robbery w2
homicide, rape or 95! under par ( of art )*+
.. ROBBERY BY A $an5: (296)
notes:
1. >ore than + armed malefactors
2. @iability for the acts of the other members
of the band
3. ?onspiracy to commit robbery with
homicide even if less than - armed men
4. ?onspiracy to commit robbery only but
homicide was committed also on the
occasion thereof all members of the band
are liable for robbery with homicide
5. ?onspiracy is presumed when - or more
armed persons committed robbery
6. .nless the others attempted to prevent the
assault guilty of robbery by band only
1. he was a member of the band
2. he was present at the commission of a
robbery by that band
3. other members of the band committed an
assault
4. he did not attempt to prevent the assault
/. ATTEM0TE/ OR FR3STRATE/ ROBBERY
+IT, ,OMI.I/E: (297)
Notes:
1. "hether robbery is attempted or
frustrated, penalty is the same
2. "here offense committed is attempted or
frustrated robbery with serious physical
in'uries article -A is applicable
E. ELEMENTS OF E8E.3TION OF /EE/S BY
MEANS OF -IOLEN.E OR INTIMI/ATION: (299)
1. That the offender has intent to defraud
another.
2. That the offender compels him to sign,
execute, or deliver any public instrument or
document.
3. That the compulsion is by means of violence
or intimidation.

F. ELEMENTS OF ROBBERY IN AN IN,ABITE/
,O3SE OR 03BLI. B3IL/ING OR E/IFI.E
/E-OTE/ TO +ORS,I0: (299)
1. That the offender entered 0a1 an inhabited
house, or 0b1 public buildings, or 0c1 edifice
devoted to religious worship.
2. That the entrance was effected by any of
the following means8
1. Through an opening not intended for
entrance or egress.
2. By breaking any wall, roof, or floor
or breaking any door or window.
3. By using false keys, picklocks or
similar tools or.
4. By using any fictitious name or
pretending the exercise of public
authority.
5. That once inside the building, the
offender took personal property
belonging to another with intent to
gain.
Notes:
1. !ncludes dependencies 0stairways, hallways,
etc.1
2. !nhabited house any shelter, ship or vessel
constituting the dwelling of one or more
person even though temporarily absent
dependencies, courts, corals, barns, etc.
3. NBT !N?@.474 BC?DC4, @N49 EBC
?.@T!$T!BN.
4. !mportant for robbery by use of force upon
things, it is necessary that offender enters
the building or where ob'ect may be found.
NB 7NTCF, NB CBBB7CF
5. 7ntrance is necessary mere insertion of
hand is not enough 0whole body1; not to get
out but to enter therefore, evidence to
such effect is necessary
6. P v. Lamahang intent to rob being present
is necessary
7. 5lace8 house or building; not car
8. 5ublic building every building owned,
rented or used by the government 0though
owned by private persons1 though
temporarily vacant
9. Not robbery passing through open door but
getting out of a window
(/. Butside door must be broken, smashed.
Theft if lock is merely removed or door was
merely pushed
((. Ealse keys genuine keys stolen from the
owner or any keys other than those intended by
the owner for use in the lock
(). 5icklocks specially made, adopted for
commission of robbery
(+. Gey stolen not by force, otherwise, it#s
robbery by violence and intimidation against
persons
(-. Ealse key used in opening house and not
furniture inside, otherwise, theft 0for latter to
be robbery., must be broken and not 'ust
opened1
(=. 6en. Cule8 outside door. 7xception8 inside
door in a separate dwelling
(*. 7.g. pretending to be police to be able to
enter 0not pretending after entrance1
G. ELEMENTS OF ROBBERY +IT, FOR.E 30ON
S3B/I-ISION (B) OR ART. 299
1. That the offender is inside a dwelling
house, public building, or edifice devoted
to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal property
belonging to another with intent to gain,
under any of the following circumstances.
1. by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle, or
2. by taking such furniture or ob'ects
away to be broken or forced open
outside the place of the robbery.
Notes:
1. 7ntrance 0 no matter how done1
2. Bffender may be servants or guests
3. 4estruction of keyhole of cabinet is robbery
here
4. "hen sealed box is taken out for the
purpose of breaking it, no need to open
already consummated robbery
5. 7stafa if box is in the custody of acc
6. Theft if box found outside and forced
open
,. ROBBERY IN AN 3NIN,ABITE/ 0LA.E AN/
BY A BAN/: (300)
I. +,AT IS AN 3NIN,ABITE/ ,O3SE: 03BLI.
B3IL/ING OR B3IL/ING /E/I.ATE/ TO
RELIGIO3S +ORS,I0 AN/ T,EIR
/E0EN/EN.IES: (301)
Notes:
1. dependencies are all interior courts,
corrals, warehouses, granaries or enclosed
places8
1. contiguous to the building
2. having an interior entrance connected
therewith
3. which form part of the whole
). 6arage must have + re<uirements.
7xception8 orchards2lands
;. ELEMENTS OF ROBBERY IN AN 3NIN,ABITE/
0LA.E OR IN A 0RI-ATE B3IL/ING: (302)
1. That the offender entered an uninhabited
place or a building which was not a dwelling
house, not a public building, or not an
edifice devoted to religious worship.
2. that any of the following circumstances was
present8
3. That with intent to gain the offender took
therefrom personal property belonging to
another.
1. That entrance was effected through an
opening not intended for entrance or
egress.
2. wall, roof, floor, or outside door or
window was broken.
3. The entrance was effected through the use
of false keys, picklocks or other similar
tools.
4. door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken
or
5. closed or sealed receptacle was removed,
even if the same be broken open
elsewhere.
N#"e*:
1. 9econd kind of robbery with force upon
things
2. .ninhabited place is an uninhabited
building 0habitable, not any of the + places
mentioned1
3. 7x. warehouse, freight car, store.
7xception8 pigsty
4. 9ame manner as ),, except that was
entered into was an uninhabited place or a
building other than the + mentioned in ),,.
7xception8 does not include use of fictitious
name or pretending the exercise of public
authority
5. Breaking of padlock 0but not door1 is only
theft
6. Ealse keys genuine keys stolen from the
owner or any other keys other than those
intended by the owner for use in the lock
forcibly opened
<. ROBBERY OF .EREALS: FR3ITS OR FIRE
+OO/ IN AN 3NIN,ABITE/ 0LA.E OR 0RI-ATE
B3IL/ING: (303)
L. ELEMENTS OF ILLEGAL 0OSSESSION OF
0I.<LO.<S OR SIMILAR TOOLS: (301)
1. That the offender has in his possession
picklocks or similar tools.
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery.
3. That the offender does not have lawful
cause for such possession.
Note: ctual use of the same is not necessary
M. ELEMENTS OF FALSE <EYS: (304)
1. 5icklocks, etc.
2. 6enuine key stolen from owner.
3. ny key other than those intended by owner
for use in the lock forcibly opened by the
offender
Notes:
1. 5ossession of false keys here not punishable
2. !f key was entrusted and used to steal, not
robbery 0not stolen1
!!. BC!6N467
A. BRIGAN/AGE: (306)
Brigands more than three armed persons
forming a band
0ur!#*e:
a. R#$$er% 'n ('=(&a%
1. b. Gidnapping for extortion or
ransom.
1. ny other purpose to be obtained by
means of force and violence.
0re*u>!"'#n #? Br'=an5a=e:
1. if members of lawless band and possession
of unlicensed firearms 0any of them1
2. possession of any kind of arms 0not 'ust
firearm1
BRIGAN/AGE ROBBERY IN BAN/
5urposes are given
Bnly to commit robbery,
not necessarily in hi;way
>ere formation of a
band for the above
purpose
!f the purpose is to
commit a part robbery

Necessary to prove that
band actually committed
robbery
B. ELEMENTS OF AI/ING AN/ ABETTING A
BAN/ OF BRIGAN/S: (307)
1. That there is a band of brigands.
2. That the offender knows the band to be of
brigands.
3. That the offender does any of the following
acts8
1. he in any manner aids, abets or protects
such band if brigands, or
2. he gives them information of the
movements of the police or other peace
officers of the government or
3. De ac<uires or receives the property taken
by such brigands.
Notes:
1. 54 =+) brigandage. 9eiHure of any person
for8 0a1 ransom; 0b1 extortion or other
unlawful purpose; 0c1 taking away of
property by violence or intimidation or
force upon things or other unlawful means
2. ?ommitted by any person
3. Bn any 5hil hi;way
!!!. TD7ET
A. ELEMENTS OF T,EFT: (309)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the
consent of the owner.
5. That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things.
0er*#n* l'a$le:
1. Those who
a1 with intent to gain
b1 but without violence against or
intimidation of persons not force upon things
c1 take
d1 personal property
e1 of another
f1 without the latter#s consent
1. Those who
a1 having found lost property
b1 fail to deliver the same to local authorities
or its owner
N#"e*:
1. Cetention of money2property found is
theft. Cetention is failure to return 0intent
to gain1
2. Gnowledge of owner is not re<uired,
knowledge of loss is enough
3. Einder in law is liable
4. Those who
a1 after having maliciously damaged the
property of another
b1 remove or make use of the fruits or ob'ect
of the damage caused by them
N#"e: Gilling of cattle of another which
destroyed his property and getting meat for
himself
1. Those who
a1 enter an enclosed estate or a field where
b1 trespass is forbidden or which belongs to
another and, without the consent of its owner
c1 hunts or fish upon the same or gather
fruits, cereals or other forest or farm products
N#"e*:
1. Theft is consummated when offender is
able to place the thing taken under his
control and in such a situation as he could
disclose of it at once 0though no
opportunity to dispose1 i.e, the control test
2. P v. Dino applies only in theft of bulky
goods 0meaning there has to be capacity to
dispose of the things1. Btherwise, P v.
Espiritu full possession is enough
3. 9ervant using car without permission
deemed <ualified theft though use was
temporary
4. Ceyes says8 there must be some character
of permanency in depriving owner of the
use of the ob'ect and making himself the
owner, therefore must exclude %'oyride&
5. Theft8 if after custody 0only material
possession1 of ob'ect was given to the
accused, it is actually taken by him 0no
intent to return1 e.g. felonious conversion.
But it is estafa if 'uridical possession is
transferred e.g., by contract of bailment
6. !ncludes electricity and gas
1. inspector misreads meter to earn
2. one using a 'umper
7. 9elling share of co;partner is not theft
8. 9alary must be delivered first to employee;
prior to this, taking of 5hp is theft
9. !f offender claims property as his own 0in
good faith1 not theft 0though later found
to be untrue. !f in bad faith theft1
(/. 6ain is not 'ust 5hp satisfaction, use,
pleasure desired, any benefit 0e.g. 'oyride1
((. ctual gain is not necessary 0intent to gain
necessary1
(). llege lack of consent in info is important
B. ELEMENTS OF ,3NTING: FIS,ING OR
GAT,ERING FR3ITS: ET.. IN EN.LOSE/ ESTATE
(0AR. NO.3: ART. 309)
1. That there is an enclosed estate or a field
where trespass is forbidden or which
belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the
same or gathers fruits, cereals or other
forest or farm products, and
4. That the hunting or fishing or gathering of
products is without the consent of the
owner.
Note8 Eish not in fishpond, otherwise, <ualified
..0ENALTIES FOR 23ALIFIE/ T,EFT@ (309)
/. ELEMENTS OF 23ALIFIE/ T,EFT: (310)
1. ?ommitted by domestic servant, or
2. "ith grave abuse of confidence, or
3. 5roperty stolen is8
1. motor vehicle
2. mail matter
3. large cattle
4. coconut from plantation
5. fish from fishpond or fishery, or
6. Bn occasion of calamities and civil
disturbance.
Notes:
1. %grave abuse& high degree of confidence
e.g. guests
2. no confidence, not <ualified theft
3. theft material possession# estafa
'uridical possession
4. <ualified8 if done by one who has access to
place where stolen property is kept e.g.,
guards, tellers
5. novation theory applies only if there#s a
relation
6. industrial partner is not liable for IT
0estafa1
7. when accused considered the deed of sale
as sham 0modus1 and he had intent to gain,
his absconding is IT
8. see carnapping law8 C *=+,
9. motor vehicle in kabit system sold to
another;theft. >otor vehicle not used as
5. in kabit system but under G of lease;
estafa
10. (/. mail matter private mail to be IT,
Not postmaster rt. ))*
((. theft of large cattle
E. ELEMENTS OF T,EFT OF 0RO0ERTY OF T,E
NATIONAL LIBRARY AN/ NATIONAL M3SE3M:
(311)

!$. .9.C5T!BN
A. ELEMENTS OF O..30ATION OF REAL
0RO0ERTY OR 3S3R0ATION OF REAL RIG,TS IN
0RO0ERTY: (312)
1. That the offender takes possession of any
real property or usurps any real rights in
property.
2. That the real property or real rights belong
to another.
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurpation real rights in
property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BO3N/ARIES OR
LAN/MAR<S: (313)
1. That there be boundary marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate
the boundaries of the same.
2. That the offender alters said boundary
marks.

-. .3L0ABLE INSOL-EN.Y
A. ELEMENTS OF FRA3/3LENT INSOL-EN.Y:
(311) 0culpable insolvency1
1. That the offender is a debtor; that is, he
was obligations due and payable.
2. That he absconds with his property.
3. That there be pre'udice to his creditors.

$!. 9"!N4@!N6 N4 BTD7C
47?7!T9
A. ELEMENTS OF ESTAFA IN
GENERAL: (314)
1. That the accused defrauded another 0a.1 by
abuse of confidence, or 0b1 or means of
deceit and
2. That damage or pre'udice capable of
pecuniary estimation is caused to the
offended party or third person
B. ELEMENTS OF ESTAFA +IT,
3NFAIT,F3LNESS: (314)
1. That the offender has an onerous obligation
to deliver something of value.
2. That he alters its substance, <uantity, or
<uality.
3. That damage or pre'udice is caused to
another.
.. ELEMENTS OF ESTAFA +IT, AB3SE OF
.ONFI/EN.E 3N/ER S3B/I-ISION NO.1 0AR.
(B): OF ART.314
1. That money, goods, or other personal
property be received by the offender in
trust, or on commission, or for
administration, or under any other
obligation involving the duty to make
delivery of or to return, the same.
2. That there be misappropriation or
conversion of such money or property by
the offender, or dental on his part of such
receipt.
3. that such misappropriation or conversion or
dental is to the pre'udice of another and
4. That there is a demand made by the
offended party to the offender.
/. 2
N/
ELEMENT OF ESTAFA +IT, AB3SE OF
.ONFI/EN.E 3N/ER 0ARAGRA0, (B):
S3B/I-ISION N0.1: ART. 314 A 3 +AYS OF
.OMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. .nfaithful or buse of ?onfidence
a. by altering the substance
b. existing obligation to deliver even if it is
not a sub'ect of lawful commerce
c. thing delivered has not been fully or partially
paid for not estafa
3. no agreement as to <uality No estafa if
delivery is unsatisfactory
1. By misappropriating and converting
1. thing is received by offender under
transactions transferring 'uridical
possession, not ownership
2. under 54 ((= 0Trust Ceceipts @aw1 failure
to turn over to the bank the proceeds of
the sale of the goods covered by TC 7stafa
3. same thing received must be returned
otherwise estafa; sale on credit by agency
when it was to be sold for cash estafa
4. 7stafa not affected by Novation of
?ontract because it is a public offense
5. Novation must take place before criminal
liability was incurred or perhaps prior to
the filing of the criminal information in
court by state prosecutors
6. Misappropriating to take something for
one#s own benefit
g. Converting act of using or disposing of
another#s property as if it was one#s own; thing
has been devoted for a purpose or use different
from that agreed upon
1. There must be pre'udice to another not
necessary that offender should obtain gain
2. "hen in the prosecution for malversation
the public officer is ac<uitted, the private
individual allegedly in conspiracy with him
may be held liable for estafa
9. 5artners No estafa of money or property
received for the partnership when the
business is commercial and profits accrued.
B.T if property is received for specific
purpose and is misappropriated estafaJ
10. Eailure to account after the 47>N4 is
circumstantial evidence of misappropriation
11. 47>N4 is not a condition precedent to
existence of estafa when misappropriation
may be established by other proof
12. !n theft, upon delivery of the thing to the
offender, the owner expects an immediate
return of the ting to him otherwise, 7stafa
13. 9ervant, domestic or employee who
misappropriates a thing he received from
his master is NBT guilty of estafa but of
<ualified theft
E*"a?a &'"( A$u*e #?
.#n?'5ene Mal)er*a"'#n
Bffenders are
entrusted with funds or
property and are
continuing offenses
offenders are
entrusted with funds
or property and are
continuing offenses
Eunds8 always private
Eunds8 public funds or
property
Bffender8 private
individual, or public
officer not accountable
Bffender8 public
officer accountable
for public funds
?ommitted by
misappropriating,
converting, denying
having received money
?ommitted by
appropriating, taking,
misappropriating
E. ELEMENTS OF ESTAFA BY TA<ING 3N/3E
A/-ANTAGE OF T,E SIGNAT3RE IN BLAN<:
(314)
1. That the paper with the signature of the
offended party be in blank.
2. That the offended party should have
delivered it to offender.
3. That above the signature of the offended
party a document is written by the offender
without authority to do so.
4. That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.
Note: !f the paper with signature in blank was
stolen Ealsification if by making it appear that
he participated in a transaction when in fact he
did not so participate.
F. ELEMENTS OF ESTAFA BY MEANS OF /E.EIT:
(314)
1. that there must be a false pretense,
fraudulent means must be made or
executed prior to or
2. That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously with
the commission of the fraud.
3. That the offended party must have relied
on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
to part with his money or property because
of the false pretense, fraudulent act, or
fraudulent means.
4. That as a result thereof, the offended party
suffered damage.
Notes:
1. Ealse pretenses or fraudulent acts
executed prior to or simultaneously with
delivery of the thing by the complainant
2. There must be evidence that the pretense
of the accused that he possesses
power2influence is false.
G. ELEMENTS OF ESTAFA BY 0OST/ATING A
.,E.< OR ISS3ING A .,E.< IN 0AYMENT OF AN
OBLIGATION: (314)
1. That the offender postdated a check, or
issued a check in payment of an obligation.
2. That such postdatig or issuing a check was
done when the offender had no funds in the
bank or his funds deposited therein were
not sufficient to cover the amount of the
check.
Notes:
1. good faith is a defense. 0PP. VS.
VILLAPANDO, =* 5D!@.+(1
2. dishonor from lack of funds to prima facie
evidence of deceit or failure to make good
within three days after notice of.
3. No funds in the bank or his funds are not
sufficient
4. !f check was issued in payment of pre;
existing debt no estafa
5. Bffender must be able to obtain something
from the offended party by means of the
check he issues and delivers
6. !f postdating a check issued as mere
guarantee2promissory note no estafa.
,. ELEMENTS OF OFFENSE /EFINE/ IN T,E
FIRST 0ARAGRA0, OF SE.TION 1: B0 22
1. That a person makes or draws and issues
any check.
2. That the check is made or drawn and issued
to apply on account or for value.
3. That the person who makes or draws and
issues the check knows at the time of issue
that he does not have sufficient funds in or
credit with the drawee bank for the
payment of such check in full upon its
presentment.
1. That the check is subse<uently dishonored
by the drawee bank for insufficiency of
funds or credit, or would have been
dishonored for the same reason had not
the drawee, without any valid reason,
ordered the bank to stop payment.
Note8 Eailure to make good within = banking
days prima facie evidence of knowledge of lack
and insufficiency
I. ELEMENTS OF T,E OFFENSE /EFINE/ IN T,E
SE.ON/ 0ARAGRA0, OF SE.TION 1: B0 22
1. That a person has sufficient funds in or
credit with the drawee bank when he
makes or draws and issues a check.
2. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within
a period of ,/ days from the date appearing
thereon.
1. That the check is dishonored by the drawee
bank.
Note: Eailure to make good within = banking
days prima facie evididence of knowledge of
lack and insufficiency
;. BY OBTAINING FOO/ OR .RE/IT AT ,OTELS:
INNS: RESTA3RANTS ET..
<. ELEMENTS OF ESTAFA BY IN/3.ING
ANOT,ER TO SIGN ANY /O.3MENTS: (314)
1. That the offender induced the offended
party to sign a document.
2. That deceit be employed to make him sign
the document.
3. That the offended party personally signed
the document.
4. That pre'udice be caused.
Note: !f offended party willingly signed the
document and there was deceit as to the
character or contents of the document
falsification; but where the accused made
representation to mislead the complainants as
to the character of the documents estafa
L. ELEMENTS OF ESTAFA BY REMO-ING:
.ON.EALING OR /ESTROYING /O.3MENTS:
(314)
1. That there be court records, office files,
documents or any other papers.
2. That the offender removed, concealed or
destroyed any of them.
3. That the offender had intent to defraud
another.
Note8 No intent to defraud destroying or
removal K malicious mischief
M. /AMAGE OR 0RE;3/I.E .A0ABLE OF
0E.3NIARY ESTIMATION: (314) 0second
element of any form of estafa1
T,E ELEMENTS OF /AMAGE OR 0RE;3/I.E
MAY .ONSIST OF T,E FF.:
1. The offender party being deprived of his
money or property, as a result of the
defraudation.
2. 4isturbance in property right or
3. Temporary pre'udice.
N. ELEMENTS OF S+IN/LING (0AR.1) BY
.ON-EYING: SELLING: EN.3MBERING: OR
MORTGAGING ANY REAL 0RO0ERTY:
0RETEN/ING TO BE T,E O+NER OF T,E SAME:
(316)
1. That the thing be immovable, such as a
parcel of land or a building.
2. That the offender who is not the owner of
said property represented that he is the
owner thereof.
3. That the offender should have executed an
act of ownership 0selling, leasing,
encumbering or mortgaging the real
property1.
4. That the act be made to the pre'udice of
the owner or a third person.
ESTAFA
INFI/ELITY IN T,E
.3STO/Y OF /O.3MENTS
5rivate individual
was entrusted 5ublic officer entrusted
!ntent to defraud No intent to defraud
O. ELEMENTS OF S+IN/LING (0AR. 2) BY
/IS0OSING OF REAL 0RO0ERTY AS FREE FROM
EN.3MBRAN.E: ALT,O3G, S3.,
EN.3MBRAN.E BE NOT RE.OR/E/: (316)
1. that the thing disposed of be real property.
2. That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
3. That there must be express representation
by the offender that the real property is
free from encumbrance.
4. That the act of disposing of the real
property be made to the damage of
another.
0. ELEMENTS OF S+IN/LING (0AR.3) BY
+RONGF3LLY TA<ING BY T,E O+NER ,IS
0ERSONAL FROM ITS LA+F3L 0OSSESSOR:
(316)
1. That the offender is the owner of personal
property.
2. That said personal property is in the lawful
possession of another.
3. That the offender wrongfully takes it from
its lawful possessor.
4. That pre'udice is thereby caused to the
possessor or third person.
2. ELEMENTS OF S+IN/LING (0AR. 6) BY
SELLING: MORTGAGING OR EN.3MBERING
REAL 0RO0ERTY OR 0RO0ERTIES +IT, +,I.,
T,E OFFEN/ER G3ARANTEE/ T,E
F3LFILLMENT OF ,IS OBLIGATION AS S3RETY:
(316)
1. That the offender is a surety in a bond
given in a criminal or civil action.
2. That he guaranteed the fulfillment of such
obligation with his real property or
properties.
3. That he sells, mortgages, or, in any other
manner encumbers said real property.
4. That such sale, mortage or encumbrance is
0a1 without express authority from the
court, or 0b1 made before the cancellation
of his bond, or 0c1 before being relieved
from the obligation contracted by him.
R. ELEMENTS OF S+IN/LING A MINOR: (317)
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor.
2. That he induces such minor 0a1 ro assume
an obligation, or 0b1 to give release, or 0c1
to execute a transfer of any property right.
3. That the consideration is 0a1 some loan of
money 0b1 credit or 0c1 other personal
property.
4. That the transaction is to the detriment of
such minor.
S. ELEMENTS OF OT,ER /E.EITS: (319)
1. not mentioned above;
2. interpretation of dreams, forecast, future;
telling for profit or gain.

$!!. ?DTT7@ >BCT667
A. ELEMENTS OF SELLING OR 0LE/GING
0ERSONAL 0RO0ERTY ALREA/Y 0LE/GE/:
(319)
1. That personal property is already pledged
under the terms of the chattel mortgage
law.
2. That the offender, who is the mortgagee of
such property, sells or pledges the same or
any part thereof.
3. That there is no consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of
the register of deeds.
B. ELEMENTS OF <NO+INGLY REMO-ING
MORTGAGE/ 0ERSONAL 0RO0ERTY: (319)
1. that personal property is mortgaged under
the chattel mortage law.
2. That the offender knows that such property
is so mortaged.
3. That he removes such mortgaged personal
to any province or city other than the one
in which it was located at the time of the
execution of the mortgage.
4. that the removal is permanent.
5. That there is no written consent of the
mortgagee or his executors, administration
or assigns to such removal.
$!!!. C9BN N4 BTD7C ?C!>79
!N$B@$!N6 479TC.?T!BN9
0Note8 54 (*(+ expressly repealed or amended
rts +)/;+)*, but 54 (L-- revived rt +)/1
A. ELEMENTS OF ARSONS OF 0RO0ERTY OF
SMALL -AL3ES
1. That an uninhabited hut, storehouse, barn,
shed or any other property is burned
2. That the value of the property burned does
not exceed )= pesos
3. That the burning was done at a time or
under circumstances which clearly exclude
all danger of the fire spreading
B. ELEMENTS OF .RIME IN-OL-ING
/ESTR3.TION
1. That the offender causes destruction of the
property
2. That the destruction was done by means of8
1. explosion
2. discharge of electric current
3. inundation
4. sinking or stranding of a vessel
5. damaging the engine of the vessel
6. taking up rails from the railway track
7. destroying telegraph wires and posts or
those of any other system
8. other similar effective means of destruction
.. ELEMENTS OF B3RNING ONEBS 0RO0ERTY
AS A MEANS TO .OMMIT ARSON
1. That the offender set fire to or destroyed
his own property
2. That the purpose of the offender in doing so
was to commit arson or to cause a great
destruction
3. That the property belonging to another was
burned or destroyed
/. ELEMENTS OF ARSON
1. That the property burned is the exclusive
property of the offender
2. That 0a1 the purpose of the offender is
burning it is to defraud or cause damage to
another or 0b1 pre'udice is actually caused,
or 0c1 the thing burned is a building in an
inhabited place

!3. >@!?!B.9 >!9?D!7E
A. ELEMENTS OF MALI.IO3S MIS.,IEF: (326)
1. That the offender deliberately caused
damage to the property of another.
2. That such act does not constitute arson or
other crimes involving destruction.
3. That the act damaging another#s property
be committed merely for the sake of
damaging it.
Notes:
1. >alicious mischief willful damaging of
another#s property for the sake of causing
damage due to hate, revenge or other evil
motive
2. No negligence
3. 7xample. Gilling the cow as revenge
4. !f no malice only civil liability
5. 4amage is also diminution in value
6. But after damaging the thing, he used it K
theft
7. 4amage is not incident of a crime 0breaking
windows in robbery1
B. S0E.IAL .ASES OF MALI.IO3S MIS.,IEF:
(329)
1. Bbstruct performance of public functions.
2. .sing poisonous or corrosive substances.
3. 9preading infection or contagious among
cattle.
4. 4amage to property of national museum or
library, archive, registry, waterworks, road,
promenade, or any other thing ised in
common by the public.
Note8 Iualified malicious mischief no uprising
or sedition 0M(1
.. ELEMENTS OF OT,ER MIS.,IEF: (329)
1. Not included in +)A
1. scattering human excrement
2. killing of cow as an act of revenge
/. ELEMENTS OF /AMAGE AN/ OBSTI-ATION
TO MEANS OF .OMM3NI.ATION: (330)
Notes:
1. done by damaging railways, telegraph,
telephone lines, electric wires, traction
cables, signal system of railways
2. removing rails from tracks is destruction
0art +)-1
3. not applicable when telegraph2phone lines
don#t pertain to railways 0example8 for
transmission of electric power2light1
4. people killed as a result8
5. circumstance <ualifying the offense if the
damage shall result in any derailment of
cars, collision or other accident a higher
penalty shall be imposed
1. murder if derailment is means of intent to
kill
2. none art -A
E. ELEMENTS OF /ESTROYING OR /AMAGING
STAT3ES: 03BLI. MON3MENTS OR 0AINTINGS:
(331)
F. ELEMENTS OF E8EM0TION FROM .RIMINAL
LIABILITY IN .RIMES AGAINST 0RO0ERTY: (332)
0er*#n* exe>!" ?r#> r'>'nal l'a$'l'"%:
1. 9pouse, ascendants and descendants or
relatives by affinity in the same line
2. The widowed spouse with respect to the
property w2c belonged to the deceased
spouse before the same passed into the
possession of another
3. Brothers and sisters and brothers;in;law and
sisters;in;law, if living together
O??en*e* 'n)#l)e5 'n "(e exe>!"'#n:
1. Theft
2. 9windling
3. >alicious mischief
N#"e*:
1. 7xemption is based on family relations
2. 5arties to the crime not related to the
offended party still remains criminally
liable
3. 5ersons exempt include8
1. stepfather2mother 0ascendants by
affinity1
2. adopted children 0descendants1
3. concubine2paramour 0spouse1
4. common law spouse 0propert is part
of their earnings1

Похожие интересы