Provisions in the RPC that contemplates Incremental “When by reason or on occasion of the robbery” – it

Penalty: means that because of the robbery, the crime of homicide

is committed.
 Art. 129, Search Warrant Maliciously Obtained
 Art. 210, Direct Bribery Note:
 Art. 235, Maltreatment of Prisoners - There is no such crime of Robbery with Murder.
 Art. 312, Occupation of Real Property or Thus, no matter how grave the killing was
Usurpation of Real Rights in Property perpetrated, it will always be Homicide.
- Under Art. 294, homicide is considered generic.
Robbery Theft It is immaterial whether under other
The unlawful taking is by The unlawful taking is circumstances the crime could have been Direct
means of violence against, accomplished without the Assault.
or intimidation of persons, use of violence against, or
or by use of force upon intimidation of persons, or
things. by use of force upon Illustration: During the firefight, a police officer
things. accidentally shot a private individual while he is trying to
There is a frustrated stage No frustrated stage. pursue the robbers. The police officers are not liable.
in Robbery with force Instead, the liability thereof will be conferred to the
upon things. robbers even though they were not the one who shot the
private individual. PROVIDED, that the killing was done
on the occasion of robbery.
ROBBERY

Proof of Intent to Gain – there’s a presumption of intent Robbery with Homicide – if the robbery was perpetrated
to gain in “unlawful taking.” through violence against, or intimidation of persons.

“Personal Property” – movable property; as long as the Note:

property can be carried from one place to another. - There must first be robbery with violence
against, or intimidation of persons before a
“Belonging to Another” – it must be literally the personal robber can be held liable for robbery with
property of another. Hence, if you took your missing homicide.
wallet from your classmate who took the same, you - If the robbery is committed only by the use of
cannot be held liable. force upon things and WITHOUT violence or
intimidation, it will not be covered by Art. 294.
People vs. Manluko – the taking of personal property of Thus, if homicide is committed subsequently to
another, on the honest belief that it belongs to you will the crime of robbery with force upon things,
not constitute robbery. It is immaterial whether it is not there would be two separate offenses.→
actually yours. BUT, if such taking is committed with Robbery with force upon things and a separate
violence against, or intimidation of persons, the crime crime of Homicide.
would be Grave Coercion. - In robbery with homicide, multiple counts of
homicide are absorbed. Thus, if during the
Note:
course of robbery, frustrated homicide and
- Forbidden articles can be the subject of robbery.
attempted homicide was committed, the only
- A robber can be the offended party as well in
crime to be charged is just plain Robbery with
the crime of robbery.
Homicide.
“Intimidation” – it is not necessary that there is any
Serious Illegal Detention with Robbery – detaining
physical violence. There can be an intimidation without
persons against their will (+) robbery (even the money
physical violence.
was not taken because the policemen came early).
Because according to the Supreme Court, the offender
Art. 294: Robbery with Violence Against, or
has already the “constructive possession” of the money
Intimidation of Persons
under his control at the moment he asked for the money
even though it was not yet taken by him.
Note:
- It becomes Serious Illegal Detention when the
offended party is a woman, child or a public
officer.
- When robbery is still ongoing, then there came
a spontaneous desistance with respect to the
robbers, and they already employed violence or
intimidation of persons, the crime committed is
Threat. PROVIDED, that they were not able to
rob anything because of the said desistance.
Conspiracy to Rob and NOT to Kill/commit Homicide –
it is no moment whether the lookout did not participate
in the killing, although they all agreed not to kill anyone,
because in committing the crime of robbery, it is easily
foreseeable that homicide may be committed in the
course of the robbery. Thus, the lookout is also liable for
Robbery with Homicide.
BUT with respect to Robbery with Rape, even
though a co-robber is present in the commission of rape,
if he can prove that he did actually try to prevent the
same, he cannot be liable for rape. He is only liable for
the crime of Robbery.
People vs. Napolis – complex crime of robbery with
force upon things and robbery with violence against, or
intimidation of persons.
People vs. Disney – the ruling of People vs. Napolis was
reiterated. However, there must be NO homicide, rape or
arson. It must be plain violence against, or intimidation
of persons in order for it to be complexed.
Note:
- Even though homicide, rape, intentional
mutilation or arson was all committed, the
offender can only be charged of Robbery with
Homicide ONLY because the others are
absorbed by Homicide.
- Additional Homicide cannot be considered
aggravating circumstance because analogous
crimes/circumstances are not appreciated in
Aggravating Circumstance, unlike in Mitigating
Circumstance.
- In Robbery with Rape, the robbery must be
done first before the commission of rape.
- If the original intention is not to rob, but
subsequently they did rob, there would be a
separate offense.
- If the person is already dead before the offender
took the wallet, the crime committed is only
THEFT since violence or intimidation cannot be
employed anymore upon a death person.
- There is a crime of Attempted Robbery and
Frustrated Robbery. BUT there’s only
Frustrated Robbery with respect to those
committed by the use force upon things. No
crime of frustrated robbery with violence or
intimidation of persons.
- If during the course of robbery, the offender
inflicted a mortal wound to the victim, but the
latter was able to survive because of early
medical attention. The crime would be Robbery
with Serious Physical Injuries, NOT robbery
with frustrated homicide.
- Subsequent killing in the crime of Robbery with
force upon things, the crime to be charged is
Robbery with force upon things and a separate
offense of Homicide.
Art. 296: Definition of a Band and Penalty Incurred by
the Members Thereof.
Band – when at least 4 armed malefactors take part in the
commission of robbery.
Note:
- There is an ACCOMPLICE in the crime of
Robbery. Those who merely concurred in the
plan but did not participate in the planning
thereof.
- The number of victims will determine the
number of crimes committed in the crime of
robbery with violence against, or intimidation of
persons/
Art. 299: Robbery in an Inhabited House or Public
Building or Edifice Devoted to Worship
1. Through an opening not intended for entrance
or egress.
2. Breaking wall, roof, floor, door or window.
3. Using false keys or picklocks
4. Using fictitious name, pretending someone in
authority.
Illustration: If X entered the house of Y through an open
window and he was caught right away, but it is not clear
whether his intent is to rob, the crime is Trespass to
Dwelling.
Note:
- Ordinarily, scooping of jewelry from the
window will only consummate a crime of Theft.
BUT, in a particular case wherein the offender
broke the window by the use of a stone and
thereafter scooped the pieces of jewelry, the
Supreme Court said that it is already considered
as Robbery with force upon things. (follow the
ruling of Supreme Court, always.)
“The Breaking of Door” – must be the outside door. If a
bedroom door was broken in order to rob, it cannot be
covered by robbery with force upon things.
BRIGANDAGE
Brigandage – a crime committed by at least two armed
persons who formed a band of robbers for the purpose of
committing robbery in the highway, or kidnapping
persons for the purpose of extortion or to obtain ransom,
or for any other purpose to be attained by means of force
and violence.
Note:
- Brigandage is kind of similar to Illegal
Assemblies. Although in the former, the crimes
that can be committed are clearly specified in
the provision.
ANTI-WIRETAPPING LAW
- A violation of secretly recording a telephone
conversation. The conversation need not be
damaging, so long as the other party did not
consent/know that he is being recorded.
ANTI-CARNAPPING ACT
- It is essential that there is intent to gain. Thus,
taking a car and thereafter burning such vehicle
will not consummate the offense punishable
under this special law. Since apparently, there is
no intent to gain by the act of burning the same.
ANTI-CATTLE RUSTLING LAW
- Intent to gain is a dispensable element.
- Mere malicious killing of large cattle
consummates the crime.
- The nomenclature of the penalties PD 533 is
derived from the RPC.
- PD 533 is considered as a mere amendment of
the RPC and not really a special law. Thus,
there must be malice or evil intent in the taking
of large cattle.
ANTI-FENCING LAW
- Mere possession of the fenced is considered as a
prima facie presumption that he is the fence; if
the one found in his possession is the product of
theft or robbery. (but this can still be rebutted)
Art. 314: Fraudulent Insolvency (Culpable Insolvency)
- Violation committed by an insolvent by
disposing his properties that are subject of
execution, excluding the properties that are
exempted from execution as prescribed by law.
Voluntary Insolvency – declaration of being insolvent,
with a benefit that his future properties or earnings
cannot longer be the subject of execution.
“Subsidiary Civil Liability of the Employer” – if the
employee committed the offense in the discharge of his
duty, the employer may take the liability if it is proven
that the employer is involved in trade or business.
Art. 315: Swindling/Estafa
1. Unfaithfulness or Abuse of Confidence
a) Altering the substance, quantity, or quality
of anything value.
Note: “Quality of Anything” refers to articles,
not humans.
b) Misappropriating or converting, to the
prejudice of another, money, goods,
personal property received by the offender
in TRUST, or
COMMISSION/ADMINISTRATION, or
obligation involving the duty to make
DELIVERY or RETURN the same.
 Note:
- “Commission” refers to instruction or
received in trust.
- In Estafa, there must be acquisition of
Juridical Possession on the part of the
offender. Otherwise, if it is only Physical or
Material Possession, the crime would only
be Qualified Theft.
- “Physical Possession” refers to temporary
possession.
c) Undue andvantage of the signature of the
offended party in blank
Note:
- The offended party must DELIVER the
document to the offender to consummate the
crime of estafa, otherwise it may be considered
as Falsification of Public or Private Document.
- In the case of commission of the agent to sell
pieces of jewelry, it must contemplate
conditions such as prohibition against the agent
to sell it by installment or to give it to another
agent for the purpose of selling the same.
Otherwise, there can be no estafa if the agent do
such acts.
- There must be a formal demand (letter of
demand) given to the offender to comply with
his obligations before he can be charged of
estafa.
- Novation is not a ground for extinguishment
of criminal liability. (because it is not
contemplated in Art. 89 of RPC)
- There can be a “novation” if there is only an
incipient criminal liability.
2. By means of Deceit
a) Using fictitious name, pretending to possess
power, influence, qualifications, imaginary
transactions, and the like.
b) By pretending to have bribed a Government
employee.
c) By postdating a check, or issuing a check in
payment of an obligation when the offender
had no funds in the bank.
Estafa through the issuance of a bouncing check:
- The obligation must be incurred on the very
occasion, or simultaneously.
- If it involves “past obligation”, the crime
committed is punishable under BP 22.
Consummation of the Crime of Estafa through Issuance
of a Bouncing Check:
i. There must be issuance of notice of dishonor in
writing to the drawer of the check. (with
complete description and must be personally
received by the drawer)
ii. Thereafter, the drawer of the check has 3 banking
days in order for him to deposit in his account
the full amount to cover the check.
iii. If after the prescribed period, the drawer failed to
deposit the amount, then the crime of Estafa is
already consummated.
Note:
- Remedy for refusal or non-acceptance of notice
is to execute an AFFIDAVIT stating that the
offender refused to accept the notice.
3. Through any of the Fraudulent Means:
a) Inducing another, by means of deceit, to sign
any document.
Illustration: The Clerk of Court lost a particular
document. He is liable for Infidelity in the Custody of
Documents. BUT, if it involves money, instead of
document, the crime will be Malversation of Public
Funds.
b) Resorting to some fraudulent practice to
insure success in a gambling game.
c) Removing, concealing, or destroying in
whole or in part, any court record, office
files, document, or any other papers.
Note:
- Paragraph (C) refers to private person
Art. 316: Other Forms of Swindling
- There shall be an existing real property; if the
property is fictitious, the person who committed
the crime of estafa can be held liable in Art. 315
NOT in Art. 316.
“Lis Pendens” – under litigation; not an encumbrance,
not a prohibition to sell or encumber.
Encumbrance – every right or interest in the land which
exists in favor of third persons.
Note:
- No complex crime of Grave Coercion and
Estafa.
Illustration: (See Paragraph 3, Art. 316)− X pledged his
wristwatch to Y. Thereafter, X took his wristwatch from
Y without the latter’s consent. X cannot be held liable of
theft because there is no intent to gain on his part,
considering that the property taken actually belongs to
him. However, he is liable under Art. 316 par. (3), which
states that, “The owner of any personal property who
shall wrongfully take it from its lawful possessor, to the
prejudice of the latter, or any third person.
Pledge – pawning a personal property.
“Fictitious Contract” in paragraph (4), Art. 316, refers to
the prejudice of creditors, for making it appear that you
are already an insolvent, but in reality there are still other
properties remaining in your belongings.
Art. 318: Other Deceits
Illustration: Displaying a repaired van to a store which is
known for selling brand new cars. There is Estafa. The
fact that the seller displayed the van with all other brand
new vehicles is enough misrepresentation that such van
is actually a brand new van.
Art. 319: Removal, Sale or Pledge of Mortgaged
Property
See Par. (1) – do not interpret the law to an absurdity.
The mortgaged property can be brought anywhere as
long as the intention is not to prejudice the mortgagee.
To Prove the Intent of the Mortgagor, there are Two
Essential Matters that should be taken into consideration:
a) Intention of the mortgagor to prejudice the
mortgagee; and
b) Permanency
ARSON
Art. 320: Destructive Arson
Definition of Arson – malicious destruction of real
property, and movable property that are mentioned in PD
NO 163, Section 2, by mean of fire.
Things that CANNOT be considered as Object of Arson:
 Bulldozer
 Backhoe
 Road roller; and the like
Note:
- If those mentioned above are burned, the crime
committed is Malicious Mischief.
- Art. 321 to 326 B are repealed; Only focus on
Art. 320 and PD No. 1613
Read in full text: People vs. Nestor Soriano (July 29,
2003)
Conspiracy in Arson – conspiracy alone in Arson is
PUNISHABLE under PD No. 1613
Enumerate at least 3 Special Aggravating Circumstance:
1. Complex Crime
2. Arson, Sec. 4 of PD No. 1613
3.
Note:
- The crime of arson is immediately
consummated even if only a small portion of the
structure was burned, even not totally burned.
Because in such case, there is already a prima
facie evidence of Arson.
- Prima facie evidence of Arson can be rebutted.
Hence, it is not always conclusive.
- Arson can be committed with intent to gain.
- If buses were maliciously burned, the crime
committed is Arson. BUT always take in
consideration of the “motivation” of the
perpetrators. If they are burned by the NPA, the
crime committed may be Rebellion.
MALICIOUS MISCHIEF
Definition of Malicious Mischief – willfull damaging of
another’s property for the sake of causing damage due to
hate, revenge or other evil motive.
Note: Three Modes of Committing Concubinage:

- It is a crime against property without intent to 1.
gain. Like the Anti-Cattle Rustling Law and 2.
Altering Boundaries and Landmarks.
Art. 328: Special Cases of Malicious Mischief 3.
By keeping a mistress in the conjugal dwelling
By having sexual intercourse, under scandalous
circumstances, with a woman who is not his
wife.
By cohabiting with here in any other place.

EXEMPTION FROM CRIMINAL LIABILITY IN Cohabitation – living together as husband and wife. Mere
CRIMES AGAINST PROPERTY companionship or visitation does not constitutes
cohabitation.
Art. 332: Persons Exempt from Criminal Liability
Predicate Crimes Crimes that cannot be Prosecuted De Officio/Cannot be
prosecuted without the offended party filing the case
Note: against the accused:

- The crimes involved in the exemption: Theft, 1. Seduction

Estafa and Malicious Mischief. 2. Abduction
- Civil liability remains. 3. Acts of Lascivousness
- Considered as Absolutory Cause 4. Adultery
- Paramour and concubine are also exempted. 5. Concubinage
6. Private libel (crime against honor)
Absolutory Cause – an act committed with freedom,
intelligence or intent, resulting to an offense or crime, Art. 337: Qualified Seduction
but by reason of public policy or sentiment, no penalty is
imposed. Note:

ADULTERY AND CONCUBINAGE - Essential element is sexual intercourse

- Abuse in Public Authority is ABSORBED.
Art. 333: Who are guilty of Adultery
Who could be the Offenders in Qualified Seduction:
Note:
1. Those who abused their authority:
- Each act of sexual intercourse is a separate a) Person in public authority
offense.− refers to number of occasions that b) Guardian
they committed the act. c) Teacher
d) Person who, in any capacity, is
People vs. Avelino – adultery is also committed by a entrusted with the education or custody
man when he had carnal knowledge with a woman, of the woman seduced.
knowing her to be married, even if the marriage be 2. Those who abused confidence reposed in them:
subsequently declared void. a) Priest
b) House servant
See Paragraph (3) of Art. 333 – it is considered as a c) Domestic
“Specific Privileged Mitigating Circumstance”, since it is 3. Those who abused their relationship:
applicable only to the woman or man who committed a) Brother who seduced his sister
adultery. NOT applicable with respect to Concubinage. b) Ascendant who seduced his descendant

Defense of Pari Delicto is not applicable in criminal Domestic – a person usually living under the same roof.
cases. “We must come to the Court with clean hands”
Domestic is different from House Servant because of the
Art. 334: Concubinage intimacy and confidence existing among various
members of a household, opportunities for committing Note:
seduction are more frequent.
- Under 7610, Acts of Lasciviousness can be
Note: done either to a male or female. The offender
must be an adult, and the victim must be below
- If a person is charged in the crime of rape, he 18 but not under 12 years of age.
cannot be found liable in qualified seduction
because apparently, the essential elements are
different from one another. HOWEVER, if the CORRUPTION OF WHITE SLAVE TRADE
information filed of rape it was alleged that they MINORS
were living together, and their relationship is
uncle and niece, and apparently there was abuse Essential that the minors Minority need not be
are used. involved.
of confidence, he is still liable in the crime of
Qualified Seduction because there was an
May have victims of either Limited to females.
“abuse of relationship.” sex.

Art. 338: Simple Seduction May not necessarily be Committed for profit.
committed for profit.
- It must be by means of deceit. (tricks)
May be committed by a Generally committed
Art. 339: Acts of Lasciviousness with the Consent of the single act. habitually.
Offended Party

Note: WHITE SLAVE TRADE SLAVERY

May be with or without the For the purpose of
- The essence of the Acts of Lasciviousness is consent of the woman. assigning the offended
party to immoral traffic.
Lewd Design.

Art. 273: Exploitation of Child Labor

Lewd Design – deriving vicarious pleasure from the acts
performed on the person of the victim.
People vs. Jalosjos – “Lascivious Conduct” is the
intentional touching, either directly or through clothing,
of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the
genitalia, anus or mouth, of any person, whether of the
same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of
any person, bestiality, masturbation, lascivious
exhibition of the genitalia or pubic area of a person.
Attempted Rape – there must be an attempt to insert the
pennies to the genitalia of the woman, otherwise, it
would be considered as Acts of Lasciviousness.
Unjust Vexation – any human conduct which, although
not productive of some physical or material harm, would
however, unjustly annoy or vex an innocent person.
- In consideration of payment of debt, child of the
debtor is retained for giving services.
Art. 274: Services rendered under Compulsion in
Payment of Debt
- The debtor himself became the servant/
Art. 342: Forcible Abduction
- There need not be a sexual intercourse, as long
as the woman is detained against her will with
lewd design.
Serious Illegal Detention – the detention of any woman
is always considered as serious illegal detention. The
length of the detention is immaterial.
Note:
- Forcible abduction can be complexed with the
crime of rape. However, if the purpose is
actually to rape, and forcible abduction is
considered only as a means, then it must be
absorbed in the crime of rape. Because it was
clear that the very purpose is to rape.
 - No complex crime of serious illegal detention
with rape. Instead, the crime committed is an
aggravated form of serious illegal detention,
because in such case, rape is absorbed.
- Threats (+) Serious Illegal Detention is a
Qualified form of Serious Illegal Detention

Crimes that can be Prosecuted De Officio:

1. White Slave Trade
2. Corruption of Minors

Pardon – for past offenses; the offended party pardons

the offenders, such as the spouse and the
paramour/concubine.

Consented – refers to future acts of adultery and

concubinage.

Note:
- In cases of Pardon, the offended party herself
shall expressly give pardon. (there must be a
sound discretion)