TITLE TEN I. CRIMES AGAINST PROPERTY A. ELEMENTS OF ROBBERY IN GENERAL: (293) That there be personal property belonging to another.

That there is unlawful taking of that property. That the taking must be with intent to gain, and That there is violence against or intimidation of any person, or force upon anyt hing. Notes: Belonging to another person from whom property was taken need not be the owner, legal possession is sufficient Name of the real owner is not essential so long as the personal property taken d oes not belong to the accused except if crime is robbery with homicide Taking of personal property must be unlawful; if given in trust estafa As to robbery with violence or intimidation from the moment the offender gains p ossession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete As to robbery with force upon things thing must be taken out of the building Intent to gain presumed from unlawful taking Taking must not be under the claim of title or ownership When there's no intent to gain but there is violence in the taking grave coercion Violence or intimidation must be against the person of the offended party, not u pon the thing 10. General rule: violence or intimidation must be present before the taking is co mplete 11. Except: when violence results in homicide, ny of the serious physical injuries in par 1 and property is robbery complexed with any of these aking is already complete when violence was used rape, intentional mutilation or a 2 of art 263, the taking of the crimes under art 294, even if t by the offender

12. Use of force upon things entrance to the building by means described in arts 299 and 302 (offender must enter) 13. When both violence or intimidation and force upon things concur it is robber y with violence Robbery with violence Grave threats Grave coercion Intent to gain No intent to gain None Immediate harm Intimidation; promises some future harm or injury Intimida tion (effect) is immediate and offended party is compelled to do something again st his will (w/n right or wrong) Robbery Bribery X didn't commit crime but is intimidated to deprive him of his property X has co mmitted a crime and gives money as way to avoid arrest or prosecution Deprived of Php thru force or intimidation Giving of Php is in one sense vo luntary Neither Transaction is voluntary and mutual

Ex. defendant demands payment of P2.00 with threats of arrest and prosecution, t herefore, robbery because (a) intent to gain and (b) immediate harm A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)

Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery, the following are committed: homicide robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, i mpotent or blind SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any s uch member, incapacitated for work habitually engaged in Violence/intimidation shall have been carried to a degree clearly unnecessary fo r the crime or when in the cause of its execution SPI/deformity, or shall have l ost any part of the body or the use thereof or shall have been ill or incapacita ted for the performance of the work for > 90 days; > 30 days Any kind of robbery with less serious physical injuries or slight physical injur ies Notes: special complex crimes (specific penalties prescribed) robbery with homicide if original design is robbery and homicide is committed ro bbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought 2 separate offenses. Still robbery with homicide if the pers on killed was an innocent bystander and not the person robbed and if death super vened by mere accident. robbery with rape intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party fiscal can sign the information. When rape and homicide co-exist, rape should be considered as aggravating only and the cri me is still robbery with homicide 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 qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: in an uninhabited place or by a band or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train, or in any manner taking the p assengers thereof by surprise in the respective conveyances, or 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 penalt ies prescribed in art 294 B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295) Notes: Must be alleged in the information Can't be offset by generic mitigating Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 2 63 C. ROBBERY BY A band: (296) notes: More than 3 armed malefactors Liability for the acts of the other members of the band

Conspiracy to commit robbery with homicide even if less than 4 armed men Conspiracy to commit robbery only but homicide was committed also on the occasio n thereof all members of the band are liable for robbery with homicide Conspiracy is presumed when 4 or more armed persons committed robbery Unless the others attempted to prevent the assault guilty of robbery by band onl y he was a member of the band he was present at the commission of a robbery by that band other members of the band committed an assault he did not attempt to prevent the assault D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297) Notes: Whether robbery is attempted or frustrated, penalty is the same Where offense committed is attempted or frustrated robbery with serious physical injuries article 48 is applicable E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298) That the offender has intent to defraud another. That the offender compels him to sign, execute, or deliver any public instrument or document. That the compulsion is by means of violence or intimidation. F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOT ED TO WORSHIP: (299) That the offender entered (a) an inhabited house, or (b) public buildings, or (c ) edifice devoted to religious worship. That the entrance was effected by any of the following means: Through an opening not intended for entrance or egress. By breaking any wall, roof, or floor or breaking any door or window. By using false keys, picklocks or similar tools or. By using any fictitious name or pretending the exercise of public authority. That once inside the building, the offender took personal property belonging to another with intent to gain. Notes: Includes dependencies (stairways, hallways, etc.) Inhabited house any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent dependencies, courts, corals, barns, etc. NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY Entrance is necessary mere insertion of hand is not enough (whole body); not to get out but to enter therefore, evidence to such effect is necessary P v. Lamahang intent to rob being present is necessary Place: house or building; not car Public building every building owned, rented or used by the government (though o wned by private persons) though temporarily vacant Not robbery passing through open door but getting out of a window 10. Outside door must be broken, smashed. Theft if lock is merely removed or doo r was merely pushed 11. False keys genuine keys stolen from the owner or any keys other than those i ntended by the owner for use in the lock

12. Picklocks specially made, adopted for commission of robbery 13. Key stolen not by force, otherwise, it's robbery by violence and intimidation against persons 14. False key used in opening house and not furniture inside, otherwise, theft ( for latter to be robbery., must be broken and not just opened) 15. Gen. Rule: outside door. Exception: inside door in a separate dwelling 16. E.g. pretending to be police to be able to enter (not pretending after entra nce) G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299 That the offender is inside a dwelling house, public building, or edifice devote d to religious worship, regardless of the circumstances under which he entered i t That the offender takes personal property belonging to another with intent to ga in, under any of the following circumstances. by the breaking of doors, wardrobes, chests, or any other kind of locked or seal ed furniture or receptacle, or by taking such furniture or objects away to be broken or forced open outside the place of the robbery. Notes: Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open alr eady consummated robbery Estafa if box is in the custody of acc Theft if box found outside and forced open H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300) I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO R ELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301) Notes: dependencies are all interior courts, corrals, warehouses, granaries or enclosed places: contiguous to the building having an interior entrance connected therewith which form part of the whole 2. Garage must have 3 requirements. Exception: orchards/lands J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302) That the offender entered an uninhabited place or a building which was not a dwe lling house, not a public building, or not an edifice devoted to religious worsh ip. that any of the following circumstances was present: That with intent to gain the offender took therefrom personal property belonging to another. That entrance was effected through an opening not intended for entrance or egres s. A wall, roof, floor, or outside door or window was broken. The entrance was effected through the use of false keys, picklocks or other simi

lar tools. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was br oken or A closed or sealed receptacle was removed, even if the same be broken open elsew here. Notes: Second kind of robbery with force upon things Uninhabited place is an uninhabited building (habitable, not any of the 3 places mentioned) Ex. warehouse, freight car, store. Exception: pigsty Same manner as 299 except that was entered into was an uninhabited place or a bu ilding other than the 3 mentioned in 299. Exception: does not include use of fic titious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft False 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 K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BU ILDING: (303) L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304) That the offender has in his possession picklocks or similar tools. That such picklocks or similar tools are specially adopted to the commission of robbery. That the offender does not have lawful cause for such possession. Note: Actual use of the same is not necessary M. ELEMENTS OF FALSE KEYS: (305) Picklocks, etc. Genuine key stolen from owner. Any key other than those intended by owner for use in the lock forcibly opened b y the offender Notes: Possession of false keys here not punishable If key was entrusted and used to steal, not robbery (not stolen) II. BRIGANDAGE A. BRIGANDAGE: (306) Brigands more than three armed persons forming a band Purpose: a. Robbery in highway

b. Kidnapping for extortion or ransom. Any other purpose to be obtained by means of force and violence. Presumption of Brigandage: if members of lawless band and possession of unlicensed firearms (any of them) possession of any kind of arms (not just firearm) BRIGANDAGE ROBBERY IN BAND Purposes are given Only to commit robbery, not necessarily in hi-way

Mere formation of a band for the above purpose If the purpose is to commit a pa rt robbery Necessary to prove that band actually committed robbery B. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307) That there is a band of brigands. That the offender knows the band to be of brigands. That the offender does any of the following acts: he in any manner aids, abets or protects such band if brigands, or he gives them information of the movements of the police or other peace officers of the government or He acquires or receives the property taken by such brigands. Notes: PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or fo rce upon things or other unlawful means Committed by any person On any Phil hi-way III. THEFT A. ELEMENTS OF THEFT: (308) That there be taking of personal property. That said property belongs to another. That the taking be done with intent to gain. That the taking be done without the consent of the owner. That the taking be accomplished without the use of violence against or intimidat ion of persons or force upon things. Persons liable: Those who a) with intent to gain b) ngs c) d) e) f) but without violence against or intimidation of persons not force upon thi take personal property of another without the latter's consent

Those who a) having found lost property b) Notes: Retention of money/property found is theft. Retention is failure to return (inte nt to gain) Knowledge of owner is not required, knowledge of loss is enough Finder in law is liable Those who fail to deliver the same to local authorities or its owner

a) b)

after having maliciously damaged the property of another remove or make use of the fruits or object of the damage caused by them

Note: Killing of cattle of another which destroyed his property and getting meat for himself Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and, without the consent of its owner c) hunts or fish upon the same or gather fruits, cereals or other forest or f arm products Notes: Theft is consummated when offender is able to place the thing taken under his co ntrol and in such a situation as he could disclose of it at once (though no oppo rtunity to dispose) i.e, the control test P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu full possession is enough Servant using car without permission deemed qualified theft though use was tempo rary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude joyride Theft: if after custody (only material possession) of object was given to the ac cused, it is actually taken by him (no intent to return) e.g. felonious conversi on. But it is estafa if juridical possession is transferred e.g., by contract of bailment Includes electricity and gas inspector misreads meter to earn one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee; prior to this, taking of Php is thef t If offender claims property as his own (in good faith) not theft (though later f ound to be untrue. If in bad faith theft) 10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride) 11. Actual gain is not necessary (intent to gain necessary) 12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE (PAR. NO.3, ART. 308) That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; That the offender enters the same. That the offender hunts or fishes upon the same or gathers fruits, cereals or ot her forest or farm products, and That the hunting or fishing or gathering of products is without the consent of t he owner. Note: Fish not in fishpond, otherwise, qualified

C.PENALTIES FOR QUALIFIED THEFT; (309) D. ELEMENTS OF QUALIFIED THEFT: (310) Committed by domestic servant, or With grave abuse of confidence, or Property stolen is: motor vehicle mail matter large cattle coconut from plantation fish from fishpond or fishery, or On occasion of calamities and civil disturbance. Notes: grave abuse high degree of confidence e.g. guests no confidence, not qualified theft theft material possession' estafa juridical possession qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers novation theory applies only if there's a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to ga in, his absconding is QT see carnapping law: RA 6539 motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa 10. mail matter private mail to be QT, Not postmaster Art. 226 11. theft of large cattle E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (3 11)

IV. USURPATION A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPE RTY: (312) That the offender takes possession of any real property or usurps any real right s in property. That the real property or real rights belong to another. That violence against or intimidation of persons is used by the offender in occu pying real property or usurpation real rights in property. That there is intent to gain. B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313) That there be boundary marks or monuments of towns, provinces, or estates, or an y other marks intended to designate the boundaries of the same. That the offender alters said boundary marks. V. CULPABLE INSOLVENCY A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency) That the offender is a debtor; that is, he was obligations due and payable. That he absconds with his property. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS A. ELEMENTS OF ESTAFA IN GENERAL: (315) That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and That damage or prejudice capable of pecuniary estimation is caused to the offend ed party or third person B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315) That the offender has an onerous obligation to deliver something of value. That he alters its substance, quantity, or quality. That damage or prejudice is caused to another. C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315 That money, goods, or other personal property be received by the offender in tru st, or on commission, or for administration, or under any other obligation invol ving the duty to make delivery of or to return, the same. That there be misappropriation or conversion of such money or property by the of fender, or dental on his part of such receipt. that such misappropriation or conversion or dental is to the prejudice of anothe r and That there is a demand made by the offended party to the offender. D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISI ON N0.1, ART. 315 = 3 WAYS OF COMMITTING: By misappropriating the thing received. By converting the thing received. By denying that the thing was received. Notes: Unfaithful or Abuse of Confidence a. by altering the substance b. existing obligation to deliver even if it is not a subject of lawful commerce c. thing delivered has not been fully or partially paid for not estafa no agreement as to quality No estafa if delivery is unsatisfactory By misappropriating and converting thing is received by offender under transactions transferring juridical possessi on, not ownership under PD 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale of the goods covered by TR Estafa same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash estafa Estafa not affected by Novation of Contract because it is a public offense Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors 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 ow n; thing has been devoted for a purpose or use different from that agreed upon There must be prejudice to another not necessary that offender should obtain gai n When in the prosecution for malversation the public officer is acquitted, the pr ivate individual allegedly in conspiracy with him may be held liable for estafa

Partners No estafa of money or property received for the partnership when the bu siness is commercial and profits accrued. BUT if property is received for speci fic purpose and is misappropriated estafa! Failure to account after the DEMAND is circumstantial evidence of misappropriati on DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof In theft, upon delivery of the thing to the offender, the owner expects an immed iate return of the ting to him otherwise, Estafa Servant, domestic or employee who misappropriates a thing he received from his m aster is NOT guilty of estafa but of qualified theft Estafa with Abuse of Confidence Malversation Offenders are entrusted with funds or property and are continuing offenses offenders are entrusted with funds or property and are continuing offenses Funds: always private Funds: public funds or property Offender: private individual, or public officer not accountable Offender: publi c officer accountable for public funds Committed by misappropriating, converting, denying having received money Committed by appropriating, taking, misappropriating E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315) That the paper with the signature of the offended party be in blank. That the offended party should have delivered it to offender. That above the signature of the offended party a document is written by the offe nder without authority to do so. That the document so written creates a liability of, or causes damage to, the of fended party or any third person. Note: If the paper with signature in blank was stolen Falsification if by making it appear that he participated in a transaction when in fact he did not so part icipate. F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315) that there must be a false pretense, fraudulent means must be made or executed p rior to or That such false pretense, fraudulent act or fraudulent means must be made or exe cuted prior to or simultaneously with the commission of the fraud. 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. That as a result thereof, the offended party suffered damage. Notes: False pretenses or fraudulent acts executed prior to or simultaneously with deli very of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/ influence is false. G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315) That the offender postdated a check, or issued a check in payment of an obligati on. That such postdatig or issuing a check was done when the offender had no funds i n the bank or his funds deposited therein were not sufficient to cover the amoun t of the check.

Notes: good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31) dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt no estafa Offender must be able to obtain something from the offended party by means of th e check he issues and delivers If postdating a check issued as mere guarantee/promissory note no estafa. H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22 That a person makes or draws and issues any check. That the check is made or drawn and issued to apply on account or for value. That the person who makes or draws and issues the check knows at the time of is sue 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. That the check is subsequently dishonored by the drawee bank for insufficiency o f funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ord ered the bank to stop payment. Note: Failure to make good within 5 banking days prima facie evidence of knowled ge of lack and insufficiency I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22 That a person has sufficient funds in or credit with the drawee bank when he mak es or draws and issues a check. 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 90 days from the date appearing thereon. That the check is dishonored by the drawee bank. Note: Failure to make good within 5 banking days prima facie evididence of knowl edge of lack and insufficiency J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC. K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315) That the offender induced the offended party to sign a document. That deceit be employed to make him sign the document. That the offended party personally signed the document. That prejudice be caused. Note: If 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 docum ents estafa L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315) That there be court records, office files, documents or any other papers. That the offender removed, concealed or destroyed any of them. That the offender had intent to defraud another. Note: No intent to defraud destroying or removal = malicious mischief M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa)

THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.: The offender party being deprived of his money or property, as a result of the d efraudation. Disturbance in property right or Temporary prejudice. N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGI NG ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: (316) That the thing be immovable, such as a parcel of land or a building. That the offender who is not the owner of said property represented that he is t he owner thereof. That the offender should have executed an act of ownership (selling, leasing, en cumbering or mortgaging the real property). That the act be made to the prejudice of the owner or a third person. ESTAFA INFIDELITY IN THE CUSTODY OF DOCUMENTS Private individual was entrusted Public officer entrusted Intent to defraud No intent to defraud O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENC UMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316) that the thing disposed of be real property. That the offender knew that the real property was encumbered, whether the encumb rance is recorded or not. That there must be express representation by the offender that the real property is free from encumbrance. That the act of disposing of the real property be made to the damage of another. P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316) That the offender is the owner of personal property. That said personal property is in the lawful possession of another. That the offender wrongfully takes it from its lawful possessor. That prejudice is thereby caused to the possessor or third person. Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR ENCUMBERING REAL PRO PERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OB LIGATION AS SURETY: (316) That the offender is a surety in a bond given in a criminal or civil action. That he guaranteed the fulfillment of such obligation with his real property or properties. That he sells, mortgages, or, in any other manner encumbers said real property. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being rel ieved from the obligation contracted by him. R. ELEMENTS OF SWINDLING A MINOR: (317) That the offender takes advantage of the inexperience or emotions or feelings of a minor. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right.

That the consideration is (a) some loan of money (b) credit or (c) other persona l property. That the transaction is to the detriment of such minor. S. ELEMENTS OF OTHER DECEITS: (318) not mentioned above; interpretation of dreams, forecast, future-telling for profit or gain. VII. CHATTEL MORTGAGE A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319) That personal property is already pledged under the terms of the chattel mortgag e law. That the offender, who is the mortgagee of such property, sells or pledges the s ame or any part thereof. That there is no consent of the mortgagee written on the back of the mortgage an d noted on the record thereof in the office of the register of deeds. B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319) that personal property is mortgaged under the chattel mortage law. That the offender knows that such property is so mortaged. That he removes such mortgaged personal to any province or city other than the o ne in which it was located at the time of the execution of the mortgage. that the removal is permanent. That there is no written consent of the mortgagee or his executors, administrati on or assigns to such removal. VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS (Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived A rt 320) A. That That That all B. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES an uninhabited hut, storehouse, barn, shed or any other property is burned the value of the property burned does not exceed 25 pesos the burning was done at a time or under circumstances which clearly exclude danger of the fire spreading ELEMENTS OF CRIME INVOLVING DESTRUCTION

That the offender causes destruction of the property That the destruction was done by means of: explosion discharge of electric current inundation sinking or stranding of a vessel damaging the engine of the vessel taking up rails from the railway track destroying telegraph wires and posts or those of any other system other similar effective means of destruction C. ELEMENTS OF BURNING ONE'S PROPERTY AS A MEANS TO COMMIT ARSON That That reat That D. the offender set fire to or destroyed his own property the purpose of the offender in doing so was to commit arson or to cause a g destruction the property belonging to another was burned or destroyed ELEMENTS OF ARSON

That the property burned is the exclusive property of the offender That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused, or (c) the thing burned is a bu

ilding in an inhabited place IX. MALICIOUS MISCHIEF A. ELEMENTS OF MALICIOUS MISCHIEF: (326) That the offender deliberately caused damage to the property of another. That such act does not constitute arson or other crimes involving destruction. That the act damaging another's property be committed merely for the sake of damag ing it. Notes: Malicious mischief willful damaging of another's property for the sake of causing damage due to hate, revenge or other evil motive No negligence Example. Killing the cow as revenge If no malice only civil liability Damage is also diminution in value But after damaging the thing, he used it = theft Damage is not incident of a crime (breaking windows in robbery) B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328) Obstruct performance of public functions. Using poisonous or corrosive substances. Spreading infection or contagious among cattle. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public. Note: Qualified malicious mischief no uprising or sedition (#1) C. ELEMENTS OF OTHER MISCHIEF: (329) Not included in 328 scattering human excrement killing of cow as an act of revenge D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330) Notes: done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways removing rails from tracks is destruction (art 324) not applicable when telegraph/phone lines don't pertain to railways (example: for transmission of electric power/light) people killed as a result: circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident a higher penalty shall be imposed murder if derailment is means of intent to kill none art 48 E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS: (3 31) F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (33 2) Persons exempt from criminal liability: Spouse, ascendants and descendants or relatives by affinity in the same line The widowed spouse with respect to the property w/c belonged to the deceased spo use before the same passed into the possession of another Brothers and sisters and brothers-in-law and sisters-in-law, if living together

Offenses involved in the exemption: Theft Swindling Malicious mischief Notes: Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: stepfather/mother (ascendants by affinity) adopted children (descendants) concubine/paramour (spouse) common law spouse (propert is part of their earnings) TITLE ELEVEN CRIMES AGAINST CHASTITY A. ELEMENTS OF ADULTERY: (333) That the woman is married (even if marriage subsequently declared void) That she has sexual intercourse with a man not her husband. That as regards the man with whom she has sexual intercourses, he must know her to be married. Notes: mitigated if wife was abandoned without justification by the offended spouse (ma n is not entitled to this mitigating circumstance) attempted: caught disrobing a lover B. ELEMENTS OF CONCUBINAGE: (334) That the man must be married. That he committed any of the following acts: Keeping a mistress in the conjugal dwelling. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. Cohabiting with her in any other place. That as regards the woman she must know him to be married. Note: Scandal consists in any reprehensible word/deed that offends public conscien ce, redounds to the detriment of the feelings of honest persons and gives occasi ons to the neighbor's spiritual damage and ruin C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336) That the offender commits any act of lasciviousness or lewdness. That it is done under any of the following circumstances: by using force or intimidation, or when the offended party is deprived of reason or otherwise unconscious, or when the offended party is under 12 years of age. That the offended party is another person of either sex. D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337) Two classes of qualified seduction: Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) Elements:

That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.) That she must be over 12 and under 18 years of age. That the offender has sexual intercourse with her. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in publi c authority, priest; servant) Persons liable: Those who abuse their authority: persons in public authority guardian teacher person who, in any capacity, is entrusted with the education or custody of the w oman seduced Those who abused the confidence reposed in them: priest house servant domestic Those who abused their relationship: brother who seduced his sister ascendant who seduced his descendant E. ELEMENTS OF SIMPLE SEDUCTION: (338) That the offended party is over 12 and under 18 years of age. That she must be of good reputation, single or widow. That the offender has sexual intercourse with her. That it is committed by means of deceit. Note: common form is unconditional promise to marry F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (3 39) that the offender commits acts of lasciviousness or lewdness. That the acts are committed upon a woman who is virgin or single or widow of goo d reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. that the offender accomplishes the acts by abuse of authority, confidence, relat ionship, or deceit. G. ELEMENTS OF CORRUPTION OF MINORS: (340) Act punishable: By promoting or facilitating the prostitution or corruption of p ersons underage to satisfy the lust of another H. ELEMENTS OF WHITE SLAVE TRADE: (341) Acts penalized 1. Engaging in the business of prostitution 2. Profiting by prostitution 3. Enlisting the servicxe of women for the purpose of prostitution I. ELEMENTS OF FORCIBLE ABDUCTION: (342) That the person abducted is any woman, regardless of her age, civil status, or r eputation. That the abduction is against her will.

That the abduction is with lewd designs. Note: Sexual intercourse is NOT necessary Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abdu ction. J. ELEMENTS OF CONSENTED ABDUCTION: (343) That the offended party must be a virgin. That she must be over 12 and under 18 years of age. That the taking away of the offended party must be with her consent, after sol icitation or cajolery from the offender. That the taking away of the offended party must be with lewd designs. K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF L ASCIVIOUSNESS (344) Adultery and concubinage must be prosecuted upon complaint signed by the offende d spouse Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon com plaint signed by: offended party by her parents grandparents guardians in the order in which they are named above Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to t he accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape. L. Civil liability of persons guilty of rape, seduction or abduction (345) To To In M. TY idemnify the offended women acknowledge the offspring, unless the law should prevent him from doing so every case to support the offspring LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PAR WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMEN T OR ABANDONMENT OF A LEGITIMATE CHILD: (347) Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such c hild to lose its civil status Requisites: The child must be legitimate The offender conceals or abandons such child

The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth: Child is baptized or registered in the Registry of birth as hers Child loses its real status and acquiires a new one Actor's purpose was to cause the loss of any trace as to the child's true filiation B. USURPATION OF CIVIL STATUS: (348) Notes: Committed by a person who represents himself as another and assumes the filiatio n or rights pertaining to such person There must be criminal intent to enjoy the civil rights of another by the offend er knowing he is not entitled thereto Committed by asuming the filiation, or the parental or conjugal rights of anothe r Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs. C. ELEMENTS OF BIGAMY: (349) That the offender has been legally married. That the marriage has not been legally dissolved or, in case his or her spouse i s absent, the absent spouse could not yet be presumed dead according to the civi l code. That he contracts a second or subsequent marriage. That the second or subsequent marriage has all the essential requisites for vali dity. Notes: The crime does not fall within the category of private crimes that can be prosec uted only at the instance of the offended party A simulated marriage is not marriage at all and can be used as a defense for big amy There must be a summary proceeding to declare the absent spouse presumptively de ad for purposes of remarriage Failure to exercise due diligence to ascertain the whereabouts of the 1st wife i s bigamy through reckless imprudence A judicial declaration of the nullity of a marriage void ab initio is now requir ed One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the partie s is already married is an accomplice. D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350) That the offender contracted marriage. That he knew at the time that the requirement of the law were not complied with, or The marriage was in disregard of a legal impediment. Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. E. ELEMENTS OF PREMATURE MARRIAGE: (351) Acts punished: A widow who within 301 days from death of husband, got married or before her del ivery, if she was pregnant at the time of his death A woman whose marriage having been dissolved or annulled, married before her del ivery or within 301 days after the legal separation.

F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352) Act punished: performance of any illegal marriage ceremony by a priest or minist er of any religious denomination or sect or by civil authorities

TITLE THIRTEEN CRIMES AGAINST HONOR A. ELEMENTS OF LIBEL DEFAMATION: (353) That there must be an imputation of a crime, or of a vice or defect, real or ima ginary, or any act, omission, condition, status, or circumstances. That the imputation must be made publicly. That it must be malicious. That the imputation must be directed at a natural or juridical person, or one wh o is dead. That the imputation must tend to cause the dishonor, discredit or contempt of th e person defamed. Notes: Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the pe rson referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. There are as many crimes as there are persons defamed. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are suf ficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule(US v O'Connel) 2 )construed not only as to the expression used but also with respect to the who le scope and apparent object of the writer.(P v Encarnacion) Libel Perjury -false accusation need not be made under oath -false accusation is made under oath Newsweek v IAC Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dis missed. To maintain a libel suit, the specific victim must be identifiable. Defa

matory remarks directed at a group of persons are not actionable unless the stat ements are all-embracing or sufficiently specific for victim to be identifiable. An action for libel allegedly directed against a group of sugar planters cannot be done by resort to filing a class suit as each victim has his specific reputa tion to protect. In this case, each of the plaintiffs has a separate and distinc t reputation in the community. A. REQUIREMENT OF PUBLICITY: (354)

Kinds of privileged communication Absolutely privileged not actionable even if the actor has acted in bad faith Qualifiedly privileged those which although containing defamatory imputations co uld not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown Exception: private communication in performance of legal, moral or social duty Requisites: that the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld that the communication is addressed to an officer or a board, or superior, havin g some interest or duty on the matter that the statements in the communication are made in good faith without malice i n fact fair and true report, made in good faith, without any comments and remarks Requisites: that the publication of a report of an official proceeding is a fair and true re port of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proc eedings, or of any other act performed by a public officer that it is made in good faith that it is made without any comments or remarks Santos v CA HELD: No malice, he simply furnished the readers with the info that a complaint has been filed against the brokerage firm and reproduced the pleading verbatim w ith no embellishments.

B.

LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)

Note: Enumerates the means by which libel may be committed: writing, printing, l ithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means C. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A CO MPENSATION: (356) Note: Clearly, just a case of blackmail-any unlawful extortion of money by threa

ts of accusation and exposure -possible in light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFIC IAL PROCEEDINGS: (357) That the offender is a reporter, editor or manager of a newspaper, daily or maga zine. That he publishes facts connected with the private life of another. That such facts are offensive to the honor, virtue and reputation of said person . Note: Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.

Lacsa v IAC Lacsa found that Marquez was not to be president. He wrote to the cond letter. HELD: Letter is not uch it must be free from malice. cation, written out of a duty of was lost when it was published. a proprietary member of PCA thus not qualified BOD and to Marquez. He caused to publish the se privileged communication. To be classified as s Granting that the letter was privileged communi an officer towards the members, such character

E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358) action of a serious and insulting nature (Grave slander) light insult or defamation not serious in nature (simple slander) Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Notes: Words uttered in the heat of anger constitute light oral defamation (P v Doronil la) If the utterances were made publicly and were heard by many people and the accus ed at the same time levelled his finger at the complainant, oral defamation is c ommitted (P v Salleque)

F. ELEMENTS OF SLANDER BY DEED: (359) That the offender performs any act not included in any other crime against honor .

That such act is performed in the presence of other person or persons. That such act casts dishonor, discredit or contempt upon the offended party. Notes: a. Seriousness depends on the social standing of offended party, the circumstanc es surrounding the act, the occasion, etc. b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put her to dishonor, contempt and ridicule. (P v Costa)

P v Motita Accused held a mirror between the legs of complainant to reflect her private par ts. The crowd laughed. Guilty of slander by deed. Distinctions: a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates wit hout justification. b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt. c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provid ed in Art335 of RPC on rape i. use of force or intimidation ii.deprivation of reason or rendering the offended unconscious offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360) 1) Who are liable a. person who publishes, exhibits or causes the publication or exhibition of an y defamation in writing or similar means(par.1) b. author or editor of a book or pamphlet

c. editor or business manager of a daily newspaper magazine or serial publicatio n(par.2) d. owner of the printing plant which publishes a libelous article with his conse nt and all other persons who in any way participate in or have connection with i ts publication (US v Ortiz) 2) Venue of criminal and civil action for damages in cases of written defamation : a. where the libelous article is printed and 1st published OR b. where any of the offended parties actually resides at the time of the commiss ion of the offense

3) Where one of the offended parties is a public officer: a. if his office is in the City of Manila - RTC of Manila OR - city/province where the article is printed and 1st published b. Otherwise - RTC of the city/province where he held office at the time of offense OR - where the article is 1st published 4) Where one of the offended parties is a private individual: - RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published

Note: Offended party must file complaint for defamation imputing a crime which c annot be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abdu ction, and acts of lasciviousness)

Soriano v IAC The Philippines follows the multiple publication rule which means that every tim e the same written matter is communicated, such communication is considered a di stinct and separate publication of libel.

PROOF OF THE TRUTH (361) Admissible when: a. the act or omission imputed constitutes a crime regardless of whether the off ended party is a private individual or a public officer b. the offended party is a government employee, even if the act or omission impu ted does not constitute a crime provided it is related to the discharge of his o fficial duties Requisites for Acquittal: a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. it was published with good motives and for a justifiable end (for situation 1 only) Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may be made by the court (US v Sotto)

LIBELOUS REMARKS (362) Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor. *This article is a limitation to the defense of privileged communication.

ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) That the offender performs an act. That by such act he directly incriminates or imputes to an innocent person the c ommission of a crime. That such act does not constitute perjury. Two Kinds: a. making a statement which is i. defamatory or ii. perjurious (if made under oath and is false) b. planting evidence Note: article is limited to planting evidence and the like

INTRIGUING AGAINST HONOR (364) How committed: -by any person who shall make any intrigue which has for its principal purpose t o blemish the honor or reputation of another person Notes: a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. b. Committed by saying to others an unattributable thing, if said to the person himself it is slander.