TREACHERY DOES NOT APPLY IN CRIMES AGAINST
PROPERTY
IN DEFINING WHEN IS ROBBERY CONSUMMATED? QUALIFY
FIRST IF IT IS VIP OR FUT.
- FUT IS CONSUMMATED BY THE TIME THEY ENTERED
THE DWELLING AND STEPPED OUT OF THE HOUSE. IT
IS NECESSARY THAT THE OFFENDER HAVE
UNLAWFULLY ENTERED THE INHABITED OR
UNINHABITED DWELLING. GETS VALUE FROM INSIDE
AND GOT OUT OF THE BUILDING.
- VIP IS CONSUMMATED THE MOMENT OFFENDER
ALREADY HAS CONTROL OF THE PROPERTY TAKEN
ALTHOUGH HE HAVE NO OPPORTUNITY TO DISPOSE
OF IT.
ART 294. FIRST PAR. ARE ALL SPECIAL COMPLEX CRIME
(CRIME SPECIFIED BY LAW WITH SINGLE PUNISHMENT). IN
SIMPLE COMPLEX CRIME, THE HIGHEST CRIME SHALL BE
IMPOSED AS PUNISHMENT. THE CRIME IS A NECESSARY
MEANS TO COMMIT THE CRIME.
IN 294 THE PENALTY IS RECLUSION PERPETUA TO DEATH.
DWELLING IS AN GENERIC AGGRAVATING CIRC. (REFER TO
RECORDING 1:33:00 SALVA ) EXCEPT IN ROBBERY IN
INHABITED HOUSE. THIS AC IS APPRECIATED WHEN THE
VICTIM WAS KILLED INSIDE THE HOUSE.
DIFF BETWEEN SIMPLE ROBBERY 294(5) AND PD 532
(HIGHWAY ROBBERY)
IN PD 532, IS COMMITTED BY ANY PERSON BY MEANS OF VIP
OR FUT IN ANY HIGHWAY THAT IS USED IN
MOVEMENT/TRANSPORTATION OF PERSONS AND GOODS.
THE ROBBER MUST ATTACK INDISCRIMINATELY. MEANING, NO
SPECIFIC VICTIM. OTHERWIS, IT WILL FALL ON ART 294(5).
ROBBERY BY A BAND (4 MALEFACTORS TOOK PART IN THE
COMMISSION) SAME AS ART 14 OF RPC.
IF IT IS COMMITTED BY A BAND, THOSE EVEN THOUGH ONLY
ONE COMMITTED THE CRIME, THEY ARE LIABLE FOR THE
SAME CRIME COMMITTED EVENTHOUGH ONLY ONE
COMMITTED. EXCEPTION IS IF THERE WERE MEMBER WHO
PREVENTED THE COMMSSION, HENCE, HE WILL NOT BE
LIABLE WITH THE CRIME COMPARED TO THE OTHERS.
EVEN THOUGH THERE WAS RAPE IN ROBBERY WITH
HOMICIDE, IF IT WILL CONSTITUTE IGNOMINY, THEN IT IS
GENERIC AGG CIRC. IF RAPE ITSELF USED AS AGG CIRC.
THERE IS NO PROVISION IN ART 14. IN 21 PARAGRAPHS, NO
RAPE IS FOUND THERE. SAME IS TRUE IF THERE ARE
MULTIPLE KILLINGS IN THE CRIME.
ANTI-FENCING LAW POSSESSION OF GOOD/ARTICILE
SUBJECT OF ROBBERY OF THEFT WILL HOLD THE
POSSESSOR LIABLE UNDER THIS LAW. FENCING IS NOT A
CONTINUING CRIME. THE CRIME WILL BE PROSECUTED
WHEREIN THE PROPERTY WAS TAKEN. IT IS THE PLACE
WHEREIN THE ACT IS CONSUMMATED.
IN ESTAFA 315(2)() IF THE ACCUSED LEFT THE APARTMENT
HOUSE BECAUSE HE HAS NO SOURCE TO GET THE MONEY
ANYMORE, HE SURRPETITIOUSLY LEFT THE HOUSE. CAN HE
BE PROSECUTED IN THIS PARAGRAPH? NO. THERE IS NO
DECEIT THERE. THE ENTRANCE IS BY MEANS OF CONTRACT
OF LEASE. THE FAILURE TO PAY WAS ONLY A CIVIL LIABILITY.
COZ IN ESTAFA, THERE SHOULD BE DECEIT OR ABUSE OF
CONFIDENCE AND THERE IS DAMAGE OR PREJUDICE TO THE
OFFENDED PARTY.. IT SHOULD ONLY CONSTITUTE A BREACH
OF ONTRACT.
IN PARTNERSHIP, IF A PARTNER DOES NOT GIVE THE SHARE
OF PROFITTS, IT IS NOT ESTAFA EXCEPT IF THE
CONTRIBUTED CAPITAL OF THE PARTNER IS ONLY FOR A
SPECIFIC PURPOSE AND THAT PROFIT DO NOT CAME FROM
THAT CAPITAL, THEN IT IS ESTAFA.
ESTAFA IN TRUST RECEIPT IN CONNECTION WITH 315,1,B IF
THE TRUSTEE FAILS TO COMPLY THE OBLIGATIONS/TERMS OF
THE TRUST RECEIPTS, THEN HE WILL BE LIABLE FOR ESTAFA
UNDER THIS PARAGRAPH.
ARSON DESTRUCTION OF PROPERTY BY MEANS OF FIRE.
ANY SIZE OF A PROPERTY AS LONG AS IT IS DESTROYED BY
FIRE, IT IS ARSON.
ART 318 ALL-CATCH PROVISION OF ESTAFA. GINHAWA V
PEOPLE. GINHAWA IS OPERATING A CAR SELLING BUSINESS.
HE BOUGHT A BRAND NEW VAN WITH UNIVERSAL MOTOR
CORP. ALONG THE WAY, WHILE THE DRIVER TRANSPORTED IT
TO THE PLACE IT MET ACCIDENT. HE SOLD THE DAMAGED
CAR, AND IT WAS BOUGHT BY OTHER PARTIES IN GF. AFTER
USING IT FOR SEVERAL TIMES, IT TURNED OUT THAT IT WAS
NOT BRAND NEW. IT FALLS UNDER ART 318 COZ IT DONT FALL
SQUARELY WITH 315-317.
IN MALICIOUS MISCHIEF, THE PROPERTY MUST BE
DESTROYED AND THE OFFENDER DOESNT MAKE USE OF ANY
OF THE DESTROYED PROPERTY. QUALIFIED MALICIOUS
MISCHIEF IS WHEN THE DESTROYED PROPERTY WAS USED IN
COMMON BY THE PUBLIC.
ART 332. ONLY THEFT, MALICIOUS MISCHIEF, ESTAFA (T-E-M)
TEM MUST ONLY BE SIMPLE!
1. SPOUSES, ASCENDANTS, DESCENDANTS. RELATIVE
BY AFFINITY & CONSAGUINITY (INCLUDES COMMON-
LAW, ADOPTED, STEP-SISTERS/BROTHERS)
2. SURVIVING SPOUSE SHE BECAME THE
ADMINISTRATOR.
3. BROTHERS AND SISTERS NATURAL OR ADOPTED
(INCLUDES INLAWS) LEAVING WITH EACH OTHER AT
THE TIME IT WAS COMMITTED.