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TITLE TEN: CRIMES AGAINST PROPERTY

CRIME/PROVISION ACTS PUNISHABLE/HOW IT WHO ARE ELEMENTS DISTINGUISH WITH PENALTY/DEGR


IS COMMITTED PUNISHED EE OF
PENALTY
ART. 315 – 1. With unfaithfulness or Any person who shall 1. Abuse of confidence and v. MALVERSATION Depends on the
SWINDLING (ESTAFA) abuse of confidence defraud another damage; or amount that is
2. False pretenses or 2. Deceit and damage As to object: fraud
fraudulent acts executed M- public fund or property
prior to or simultaneously E- Private fund or property
with the commission of
fraud As to offender:
3. Any other fraudulent means M- accountable public
officer
E- private individual or
Violation of TRUST RECEIPTS public officer who is not
LAW – Failure to fulfil any of accountable public officer
the obligations:
1. Money received under the As to commission:
obligation or the duty to M- appropriating, taking,
turn it over to the owner of misappropriating,
the merchandise sold or to abandonment, consenting,
the entruster or negligence
2. Merchandise received under
the obligation or the duty E- misappropriating,
to return the proceeds or converting or denying
the merchandise receipt of funds or
property, given in trust for
commission or for
administration

v. THEFT

T- Offender takes the


thing w/o the victim’s
consent

E- Offender receives in
trust or on commission or
for administration or he
denies

T- Offender receives only


the physical possession of
the property, but not the
juridical possession of the
property

E- Offender receives from


the offended party not
only the physical, but also
the juridical possession of
the property and absconds
with it

ART. 315(2)(d) Post-dating a check or issuing a 1. The offender post-dated Governed by PD


check in payment of an or issued a check in 818
obligation when the offender payment of an obligation
has no funds in the bank or contracted at the time of
otherwise insufficient w/c is the post-dating or of the
reason for the bouncing check issuance
2. At the time of the post-
dating or the issuance, the
offender had no funds or
the funds deposited were
not sufficient to cover the
amount of the check
B.P. 22 – gravamen of BP 1. making, drawing, or issuing an Any person who 1. A person makes or draws or V. ESTAFA
22: issuance of a bad unfunded check; and makes, draws, and issues check
check, not the payment 2. failure to maintain credit issues any check to 2. The check is made or drawn E- deceit and damage are
of obligation within 90 days from the date apply on account or or issued to apply on account essential element
appearing thereon. for value knowing at or for value BP22- not required;
the time of issue 3. The person who makes, punishes mere issuance of a
that he does not draws, and issues the check bad check and where
have sufficient knows, at the time of issue, knowledge of insufficiency
funds in or credit w/ that he does not have is presumed
the drawee bank sufficient funds and/or
credit w/ the drawee bank E- pre-existing obli negates
for the payment of such criminal liability (lilius or
check in full upon its fortune doctrine)
presentment; and BP22- still liable even if
4. The check is subsequently dishonoured check is issued
dishonoured by the drawee for a pre-existing obli
bank for insufficiency of
funds or credit, or would E- crime against property
have been dishonoured for BP22- crime against public
the same reason, had not the interest as it does injury to
drawer, w/o any valid reason, entire banking system
ordered the bank to stop
payment E- mala in se
BP22- mala prohibita
ART. 316 – OTHER Any person
FORMS OF 1. Pretending to be owner of
SWINDLING any real property, shall
convey, sell, encumber or
mortgage the same
2. Knowing the Real prop is
encumbered, shall dispose
the same although
encumbrance not be
recorded
3. The owner of any personal
prop who shall wrongfully
take it from its lawful
possessor, to the prejudice
of the latter or any third
person
4. To the prejudice of
another, shall execute
fictitious contract
5. Shall accept any
compensation given him
under the belief that was in
payment of services
6. w/o express authority from
court or before cancellation
of bond or before being
relieved from obligation,
shall sell, mortgage or
encumber the real prop w/
w/c he guaranteed
fulfilment of such obli
SYNDICATED ESTAFA Those who shall commit or other
forms of swindling as defined in
315 or 316 if committed by a
syndicate consisting of 5 or
more persons formed w/ the
intention of carrying out the
unlawful or illegal act,
transaction, enterprise or
scheme, and the defraudation
results in the misappropriation
of money contributed by
stockholders, or members of
rural banks, coop., etc.
ART. 317 – Taking advantage of the Actual proof of deceit or
SWINDLING A MINOR inexperience or emotions or misrepresentation not
feelings of a minor, to his essential.
detriment, shall induce him to
assume to any obligation or to Sufficient that offender
give any release or execute a takes advantage of minor
transfer of any property
ART. 318 – OTHER Who shall defraud or damage
DECEITS another by other deceit not
mentioned

For profit or gain, shall


interpret dreams, make
forecasts, tell fortunes, or take
advantage of the credulity of
public in any other similar
manner
ART. 319 – CHATTEL Remove any personal prop
MORTGAGE mortgaged under the CML to any
province or city other than the
one in which it was located at
the time of execution

Shall sell or pledge personal


prop already pledged under the
terms of CML
DESTRUCTION OF PROPERTY
ART. 320 & PD 613 – Any person who burns or sets
ARSON (Simple and fire to the property of another
Destructive) or sets fire to his own property
under circumstances which
expose to danger the life or
property of another
RA 10175 ANTI-CYBER CRIME LAW
CRIME/PROVISION ACTS PUNISHABLE/HOW IT IS WHO ARE ELEMENTS DISTINGUISH WITH PENALTY/DEGR
COMMITTED PUNISHED EE OF
PENALTY
Sec. 4 – Cybercrime a. Offenses against the
Offenses confidentiality, integrity, and
availability of computer data and
systems such as: Illegal Access,
Illegal Interaction, Data
Interference, System
Interference, Misuse of Devices
and Cyber-squatting
b. Computer-related offenses
such as : Computer-related
Forgery, Computer-related Fraud,
Computer-related Identity Theft
c. Content-related offenses
such as: Cybersex, Child
Pornography, Unsolicited
Commercial Communications, Libel
Sec. 5 – Other a. Aiding or abetting in the
Offenses commission of cyber crime
b. Attempt in the commission of
cybercrime
Cyber-Libel Libel committed through a computer Disini: Cyber- v. Libel in RPC: no One degree
system or any other means which Libel with difference as to libel, higher than
may be devised in the future respect to identical but only Libel in RPC
original author difference is Cyber-Libel is
of post: valid committed through Cannot be
and not computer system. prosecuted
unconstitutional, under 10175
because sec. 6
With respect to merely provides
others who qualifying
simply react: circumstance.
void and
unconstitutional. Remedy: shall be
It encroaches prosecuted for
upon freedom of violation of RPC,
speech on use sec. 6 as
grounds of qualifying
overbreadth or circumstance to
vagueness of increase the
the statute. penalty by one
degree
Aiding or Abetting in Illegal access
the Commission of Illegal interception
Cybercrime Data interference

Crimes where aiding or abetting was


declared unconstitutional (Disini):
Child Pornography, unsolicited
commercial communications, cyber-
libel
Sec. 6 - All crimes Those crimes under RPC or special One degree
defined and penalized by laws such as physical injuries, unjust higher than that
the RPC xxx if committed vexation, threats, coercion or anti- provided in RPC
by, through and with the bullying if committed by, through and special laws
use of information and and with the use of ICT – the use of (NOTE: sec. 6
communications such is a QUALIFYING will apply on only
technologies shall be CIRCUMSTANCE because one if the special law
covered by the relevant degree higher has adapted the
provisions of this Act: technical
Provided, that the nomenclature of
penalty to be imposed the penalties of
shall be one degree RPC)
higher xxx
Sec. 7 – A prosecution Court resolves to leave the
under this Act shall be determination of this section that
w/o prejudice to any authorizes prosecution of offender
liability for violation of under RPC and RA 10175 to actual
any provision of the RPC, cases
as amended or special
laws. XPN (constitutes double jeopardy –
VOID and
UNCONSTITUTIONAL):
1. Online libel as to which,
charging the offender under
both sec. 4(c)(4) and Art
353
2. Child Pornography
committed online as to
which, charging the
offender under both sec.
4(c)(2) of and Anti-child
pornography act
TITLE FOURTEEN: QUASI-OFFENSES
ART. 365 – IMPRUDENCE AND NEGLIGENCE
CRIME/PROVISION/DO ACTS PUNISHABLE/HOW IT IS WHO ARE ELEMENTS DISTINGUISH WITH PENALTY/DEGREE
CTRINES COMMITTED PUNISHED OF PENALTY
IMPRUDENCE V.
NEGLIGENCE

Imprudence –
deficiency of action,
meaning the failure of
a normal person to
adopt necessary
precautions when the
matter has already
been foreseen.

Negligence –
deficiency of
perception or lack of
foresight. It’s the
failure to foresee what
any normal person
would foresee.
Doctrine of Contributory
Negligence – ground for
mitigating liability. One
cannot allege the
negligence of another to
evade the effects of his
own negligence.

Docrtrine of Last Clear


Chance – where both
parties are negligent, the
one who had the last
clear opportunity avoid
the impending harm and
failed to do so is charged
with the consequences
thereof.

Emergency Rule – A
person who is confronted
with a sudden emergency
may be left with no time
for deliberate thought
and must make a speedy
decision based largely on
impulse or instinct
Types of Imprudence Act is still done voluntarily but Person Elements of voluntariness: Reckless v. Simple Any person who shall
under 365: without malice, doing or failing to do performing or 1. Freedom commit any act had
an act from which material damage failing to 2. Intelligence Reckless- immediate it been intentional
Reckless imprudence results by reason of inexcusable lack perform the act 3. Intent/Negligence (if personal harm is should constitute:
- Single crime of precaution. by culpa) threatened and danger
- Prior conviction is visible Grave – A. mayor,
or acquittal of Penalizes the mental attitude behind max to PC, med
R.I. bars the the act Simple- not immediate
subsequent and danger is not Less grave – A.
prosecution for openly visible mayor, min and med
the same quasi-
offense Light – A. menor,
- Art. 48 does not max
apply to acts
penalized under
365
- Prosecutions
under 365 should
proceed from a
single charge
regardless of
the number or
severity of the
consequences
Simple Imprudence Mere lack of precaution in a Grave – A. mayor,
situation where the threatened harm med and max
is not immediate or the danger is
not openly visible. Less grave – A.
mayor, min.
“The penalty next higher Qualifying circumstance (sort of) Person who V. Art. 275
in degree to those failed to lend on (Abandonment of
provided for in this the spot to the person in danger)
article shall be imposed injured parties
upon the offender who 275 – penalizes anyone
fails to lend on the spot who shall fail to help or
to the injured parties render assistance to
such help as may be in his another whom he has
hands to give.” accidentally
wounded/injured.
(Supposedly no crim.
Liability but is
penalized for failing to
help or render
assistance)

375 – you acted


RECKLESSLY, there’s
imprudence/negligence,
PLUS you failed to help
or render assistance to
the person you injured
on the spot.

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