Beruflich Dokumente
Kultur Dokumente
289. FORMATION, MAINTENANCE, AND PROHIBITION + ASPORTATION: requires taking of personal property out
OF COMBINATION OF CAPITAL OR LABOR THROUGH of the possession of the owner, without his privity and
VIOLENCE OR THREATS consent and without animus revertendi. Present once
Elements: property is taken from the possession of the owner and
1) Offender EMPLOYS VIOLENCE OR THREATS in such taker has absolute control of the property
a degree as TO COMPEL OR FORCE LABORERS OR + INTENT TO GAIN (ANIMUS LUCRANDI): an internal act
EMPLOYEES IN free and legal exercise OF THEIR which can be established through the overt acts of the
INDUSTRY OR WORK offender.
2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT
COALITIONS, STRIKE OR LOCKOUT 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS – PENALTIES
290. DISCOVERING SECRETS THROUGH SEIZURE OF +294 DEFINES & PENALIZES as COMPOSITE CRIMES
CORRESPONDENCE OR SPECIAL COMPLEX CRIMES the ff.
Elements: - ROBBERY WITH HOMICIDE
1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN Elements:
EXERCISE OF HIS OFFICIAL FUNCTIONS 1) Taking of personal property w/ use of violence or
2) SEIZES ANOTHER’S PAPERS OR LETTERS intimidation against a person
3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH 2) Property taken belongs to another
OTHER PERSON 3) Taking is characterized by intent to gain
4) OFFENDER IS INFORMED OF the CONTENTS of 4) On the occasion of the robbery or by reason thereof,
seized papers and letters homicide was committed
- ROBBERY WITH RAPE
+ LETTER must be OF CONFIDENTIAL CHARACTER. - ROBBERY WITH INTENTIONAL MUTILATION
This crime can’t be committed if it’s an open letter or - ROBBERY WITH ARSON
postcard - ROBBERY WITH PHYSICAL INJURIES
+ IF PURPOSE OF SEIZURE is TO PREVENT - ROBBERY WITH UNNECESSARY VIOLENCE
ADDRESSEE FROM RECEIVING the Except for simple robbery under par 5 which isn’t a
CORRESPONDENCE, it’s MALICIOUS MISCHIEF. It’s composite crime
ESTAFA IF OFFENDER KNEW ADDRESSEE MUST
RECEIVE IT OTHERWISE LATTER WILL BE + HOMICIDE, RAPE, ETC. not separate crimes but
PREJUDICED CIRCUMSTANCES CHARACTERIZING THE VIOLENCE
+ PARENTS, GUARDIANS, AND PERSONS EXERCISING w/c makes the crime robbery & not theft
PARENTAL AUTHORITY OVER MINORS ARE EXEMPT + NAPOLIS DOCTRINE: If BOTH VIOLENCE OR
because it’s within their authority to check minors’ activities. INTIMIDATION UPON PERSONS {294(4 & 5) [SIMPLE
Same with HUSBAND AND WIFE to maintain fidelity ROBBERY]} AND FORCE UPON THINGS (299/302) are
provided they’re not legally separated and living apart. EMPLOYED – SPECIAL COMPLEX CRIME of robbery with
violence against or intimidation of persons and force upon
291. REVEALING SECRETS WITH ABUSE OF OFFICE things
Elements:
1) MANAGER, EMPLOYEE, OR SERVANT Robbery W/ VIOLENCE Robbery W/ FORCE UPON
2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER AGAINST OR THINGS
IN SUCH CAPACITY INTIMIDATION OF
3) REVEALS SUCH SECRETS PERSONS
Former is MORE SERIOUS than the latter
292. REVELATION OF INDUSTRIAL SECRETS Based upon GRAVITY OF Based upon VALUE OF
Elements: the VIOLENCE OR THING TAKEN
1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF INTIMIDATION committed
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT When BOTH KINDS are present, FORMER SHALL TAKE
2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH PRECEDENCE OVER THE LATTER, unless penalty for
OFFENDER HAS LEARNED robbery with force upon things is higher, in which case the
3) REVEALS SUCH SECRETS crime shall be complexed – NAPOLIS DOCTRINE
4) PREJUDICE IS CAUSED TO THE OWNER
+ 294(1) – homicide may be before or after the robbery
CRIMES AGAINST PROPERTY PROVIDED THE TAKING IS NOT MERELY AN
+ Taking of another’s property out of his possession AFTERTHOUGHT
through violence, deceit, abuse of confidence, destruction + CUANDO CON MOTIVO O CON OCCASION DEL
+ Must allege in info that it belonged to a specific person ROBO RESULTARE HOMICIDIO (WHEN HAVING THE
MOTIVE [to take] OR DURING THE OCCASION) – intent
293. WHO ARE GUILTY OF ROBBERY of the actor must supply the DIRECT connection between
Elements: the homicide and the robbery to constitute the complex
1) PERSONAL PROPERTY BELONGING TO ANOTHER offense; happened during the robbery and there’s a logical
2) UNLAWFUL TAKING of that property connection (doesn’t need to be a necessary means or
3) Taking must be WITH INTENT TO GAIN consequence)
303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD PD 532 – ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
IN AN UNINHABITED PLACE OR PRIVATE BUILDING LAW OF 1974
+ In cases in 299 and 302 (robbery in an inhabited place or + HIGHWAY ROBBERY or BRIGANDAGE: seizure of any
public building or edifice devoted to worship AND robbery person for ransom, extortion or other unlawful purposes, or
in an uninhabited place or in a private building), when the taking away of the property of another, by means of
robbery consists in the taking of cereals, fruits, or firewood, violence against or intimidation of persons or force upon
+ NO FRUSTRATED THEFT
+ In absence of proof that accused were organized for
committing robbery indiscriminately and of evidence to 309. PENALTIES
show previous attempts at similar robberies by accused
indicating indiscriminate commission thereof – liable for PD 704, as amended RA 8550 – ILLEGAL FISHING
special complex crime of robbery with homicide + PRIMA FACIE PRESUMPTION that ILLEGAL FISHING
HAS BEEN COMMITTED WHERE
PD 533 – ANTI-CATTLE RUSTLING LAW OF 1974 - EXPLOSIVES, noxious or POISONOUS
+ CATTLE RUSTLING: taking away by any means, SUBSTANCES OR EQUIPMENT/DEVICE FOR
methods, or schemes, without the consent of the ELECTRIC FISHING FOUND IN a FISHING
owner/raiser, of any of the LARGE CATTLE whether or not BOAT OR IN FISHERMAN’S POSSESSION
for profit or gain, or whether committed w/ or w/o violence - FISH CAUGHT OR KILLED w/ use of explosives,
against or intimidation of person or force upon things. poisonous substances, or by electricity are
Includes KILLING OF LARGE CATTLE, OR TAKING ITS FOUND in a fishing boat
MEAT OR HIDE W/O CONSENT OF OWNER/RAISER. + Doesn’t require use of motorized banca or boat
+ GOAT NOT INCLUDED because although it’s a member
of the bovine family, it’s not large 310. QUALIFIED THEFT
+ HOMICIDE IS ABSORBED IN CATTLE RUSTLING Theft is qualified if:
because it’s not a malum prohibitum 1) Committed by a DOMESTIC SERVANT
+ MALA IN SE. NOT A SPECIAL LAW. Penalty for its 2) Committed W/ GRAVE ABUSE OF CONFIDENCE
violation in terms of classification & duration of penalties 3) PROP STOLEN is a MOTOR VEHICLE, MAIL MATTER,
prescribed in RPC, indicating lawmakers’ intent to amend or LARGE CATTLE
the Code 4) PROP STOLEN consists of COCONUTS TAKEN FROM
+ INTENT TO GAIN may be INFERRED FROM the premises of a PLANTATION
DELIBERATE FAILURE TO DELIVER LOST PROP TO 5) PROP STOLEN is FISH TAKEN FROM A FISHPOND
PROPER PERSON, finder knowing the prop doesn’t OR FISHERY
belong to him 6) PROP TAKEN ON OCCASION OF fire, earthquake,
typhoon, volcanic eruption, or any other CALAMITY,
308. WHO ARE LIABLE FOR THEFT VEHICULAR ACCIDENT, OR CIVIL DISTURBANCE
Persons liable:
1) Those W/ INTENT TO GAIN, BUT W/O VIOLENCE + What makes it qualified theft: circumstances
AGAINST OR INTIMIDATION OF PERSONS NOR FORCE - Personal to offender
UPON THINGS, TAKE PERSONAL PROP OF ANOTHER - Pertaining to object taken
W/O LATTER’S CONSENT - At the time of taking
2) Those who HAVING FOUND LOST PROP, FAILS TO
DELIVER THE SAME TO LOCAL AUTHORITIES OR TO 311. THEFT OF THE PROPERTY OF THE NATIONAL
ITS OWNER LIBRARY AND NATIONAL MUSEUM
3) Those who, after having MALICIOUSLY DAMAGED the
PROPERTY OF ANOTHER, REMOVE OR MAKE USE OF PD 705 – FORESTRY CODE
FRUITS OR OBJECTS OF DAMAGE CAUSED BY THEM 2 DISTINCT & SEPARATE OFFENSES under Sec. 68
4) Those who ENTER AN ENCLOSED ESTATE OR A 1) CUTTING, GATHERING, COLLECTING, AND
FIELD WHERE TRESPASS IS FORBIDDEN OR W/C REMOVING TIMBER OR OTHER FOREST PRODUCT
BELONGS TO ANOTHER AND, W/O IT’S OWNER’S FROM ANY FORESTLAND, OR TIMBER FROM
CONSENT, HUNT OR FISH upon the same OR GATHER ALIENABLE OR DISPOSABLE PUBLIC LAND, OR
fruits, cereals, or other forest or farm products PRIVATE LAND, OR W/O ANY AUTHORITY
2) POSSESSION OF TIMBER OR OTHER FOREST
Elements: PRODUCTS W/O LEGAL DOCUMENTS REQ’D under
1) TAKING OF PERSONAL PROP existing forest laws regulations
2) Property taken BELONGS TO ANOTHER
3) DONE W/ INTENT TO GAIN + The law makes NO DISTINCTION between raw or
4) W/O OWNER’S CONSENT processed timber
Elements of ESTAFA BY INDUCING ANOTHER TO SIGN + Made MERE ACT OF ISSUING A BUM CHECK MALUM
ANY DOCUMENTS PROHIBITUM
1) Offender INDUCED OFFENDED PARTY TO SIGN A +GRAVAMEN of offense: ISSUANCE OF WORTHLESS
DOC CHECK
2) DECEIT employed to make him sign the document + PRESUMPTION that issuer knew at the time of issue that
3) OFFENDED PARTY PERSONALLY SIGNED THE DOC he didn’t have sufficient funds for payment of the check in
4) PREJUDICE CAUSED full upon its presentment under the ff conditions:
1) Presentment w/in 90 days from date of check
Elements of ESTAFA BY RESORTING TO SOME 2) Dishonor of the check and failure of the maker to make
FRAUDULENT PRACTICE TO INSURE SUCCESS IN arrangements for payment in full w/in 5 banking days after
GAMBLING notice thereof
1) Offender PARTICIPATES IN A GAMBLING GAME + ABSENCE OF NOTICE OF DISHONOR necessarily
2) RESORTS TO SOME FRAUDULENT PRACTICE TO deprives an accused the opportunity to preclude a criminal
INSURE SUCCESS at the gambling game prosecution
+ 2 ways of violating BP 22
Elements of ESTAFA BY REMOVING, CONCEALING, OR 1) Making or drawing and issuing a check to apply on
DESTROYING DOCUMENTS account or for value knowing at the time of issue that the
1) COURT RECORD, OFFICE FILES, DOCS, OR ANY check isn’t sufficiently funded
OTHER PAPERS 2) Having sufficient funds in or credit with drawee bank but
2) Offender REMOVED, CONCEALED OR DESTROYED failing to keep sufficient funds or to maintain credit to cover
ANY OF THEM full amount of the check when presented to drawee bank
3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER w/in 90 days
+ 180 DAYS (6 MOS) – PAYEE’S FAILURE TO DEPOSIT
PD 115 – TRUST RECEIPTS LAW OR ENCASH CHECK within this period WILL MAKE
+ TRUST RECEIPT TRANSACTION: any transaction by CHECK STALE OR VALUELESS, hence NO CRIMINAL
and between entruster and entrustee, whereby the ACTION CAN ARISE THEREFROM
entruster who owns or holds absolute title or security + Violation of BP 22 in the nature of a CONTINUING
interest over certain specified goods, releases same to CRIME – VENUE IS DETERMINED BY THE PLACE
possession of entrustee upon latter’s execution and WHERE THE ELEMENTS of making, issuing, or drawing of
delivery to entruster of a ‘trust receipt’ the check and delivery thereof ARE COMMITTED
338. SIMPLE SEDUCTION + Acts of lasciviousness are overt acts manifesting lewd
Elements: designs
1) OFFENDED PARTY is OVER 12 AND UNDER 18 YRS + No lewd design = serious illegal detention
OLD + For FORCIBLE ABDUCTION WITH RAPE, 4TH
2) OF GOOD REPUTATION, SINGLE OR WIDOW ELEMENT = abducted woman is raped under any of the
3) OFFENDER HAD SEXUAL INTERCOURSE WITH HER circumstances in 335 (offender had carnal knowledge of a
4) It’s COMMITTED BY MEANS OF DECEIT woman & such is accomplished by using force or
intimidation)
+Deceit consisting of PROMISE OF MARRIAGE to a minor + Use of deadly weapon, being a qualifying circumstance,
SIMPLE SEDUCTION QUALIFIED SEDUCTION must be alleged in the information
Woman is SINGLE OR Woman is a VIRGIN + Only when the rape is consummated can the complex
WIDOW OF GOOD crime of forcible abduction with rape be committed.
REPUTATION + ONLY ONE of several rapes is complexed with forcible
May be committed by ANY Offender is a PERSON IN abduction. OTHER RAPES ARE CHARGED
PERSON PUBLIC AUTHORITY, SEPARATELY as one count each
priest, house servant … or
any person entrusted with 343. CONSENTED ABDUCTION
the education or custody of Elements:
the woman 1) Offended party is a VIRGIN
Victim OVER 12 BUT When the offender is the 2) OVER 12 AND UNDER 18 years of age
UNDER 18 years old brother or an ascendant, 3) Offender TAKES HER AWAY WITH HER CONSENT,
VIC’S AGE AND MORAL AFTER SOLICITATION OR CAJOLERY
REPUTATION IS NOT 4) TAKING AWAY is WITH LEWD DESIGNS
MATERIAL
+ GRAVAMEN of the offense – ALARM & DISTURBANCE
339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT TO THE PARENTS & FAMILY OF THE VIC AND THE
OF THE OFFENDED PARTY INFRINGEMENT OF THEIR RIGHTS
Elements: + Victim consent because of cajolery – short of deceit
1) OFFENDER COMMITS ACTS OF LASCIVIOUSNESS + There’s a taking away from the family – take out of
or lewdness family’s control
2) ACTS are COMMITTED UPON A WOMAN who’s a
VIRGIN OR SINGLE OR WIDOW OF GOOD 344. PROSECUTION OF THE CRIMES OF ADULTERY,
REPUTATION, UNDER 18 BUT OVER 12 years of age, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND
OR A SISTER OR DESCENDANT, regardless of her ACTS OF LASCIVIOUSNESS
reputation or age + ADULTERY & CONCUBINAGE must be prosecuted
3) OFFENDER ACCOMPLISHES the ACTS BY ABUSE UPON COMPLAINT SIGNED BY THE OFFENDED
OF AUTHORITY, CONFIDENCE, RELATIONSHIP, OR SPOUSE
DECEIT + SEDUCTION, ABDUCTION, OR ACTS OF
LASCIVIOUSNESS must be prosecuted UPON
+ Acts of lasciviousness in 339 are committed under COMPLAINT SIGNED BY
circumstances of seduction and the victim must be a - OFFENDED PARTY
female - Her PARENTS, GRANDPARENTS, OR
GUARDIANS, in the order they’re herein named
340. CORRUPTION OF MINORS
Elements: + Pardon by the offended party doesn’t extinguish criminal
1) Offender PROMOTES OR FACILITATES THE liability. To be effective, it must be given prior to the
PROSTITUTION OR CORRUPTION OF PERSONS institution of the criminal case
UNDER AGE
2) PURPOSE is TO SATISFY THE LUST OF ANOTHER 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
341. WHITE SLAVE TRADE 1) Persons guilty of RAPE, SEDUCTION, OR ABDUCTION
Punished acts: sentenced to
1) ENGAGING IN the business of PROSTITUTION - INDEMNIFY offended woman
2) PROFITING BY PROSTITUTION - ACKNOWLEDGE OFFSPRING, unless the law should
3) ENLISTING the SERVICES OF WOMEN FOR the prevent him from doing so
purpose of PROSTITUTION - SUPPORT THE OFFSPRING, in any case
2) ADULTERER & CONCUBINE may also be sentenced,
+ Check PAGE 6 FOR RA 7610 NOTES IN THE SAME PROCEEDING OR A SEPARATE CIVIL
361. PROOF OF THE TRUTH + Any intrigue which has for its principal purpose to blemish
Proof of the truth is admissible in any of the ff.: the honor or reputation of a person. The author is unknown
1) When the ACT OR OMISSION IMPUTED and the offender utters only what he heard others say
CONSTITUTES A CRIME regardless of whether the + Must prove existence of a scheme
offended party is a private individual or a public officer
2) When the OFFENDED PARTY IS A GOV’T EMPLOYEE, RA 4200 – ANTI-WIRETAPPING LAW
even if the ACT OR OMISSION doesn’t constitute a crime, + Penalizes acts of SECRETLY OVERHEARING,
provided, it’s RELATED TO THE DISCHARGE OF HIS INTERCEPTING OR RECORDING PRIVATE
OFFICIAL DUTIES COMMUNICATIONS by means of devices enumerated
therein. Mere allegation that an individual made a secret
+ GEN. RULE: Evidence proving the imputation is recording of a private communication by means of a tape
objectionable because such is inadmissible. 361 provides recorder would suffice to constitute an offense
the exceptions + ANY RECORDING is INADMISSIBLE unless it’s W/
+ The question is whether from the fact that the statements CONSENT OF BOTH PARTIES OR THROUGH COURT
were defamatory, malice can be presumed so that it was ORDER
incumbent upon petitioner to overcome such presumption + Makes it ILLEGAL FOR ANY PERSON, NOT
+ RULE OF ACTUAL MALICE: Even if the defamatory AUTHORIZED BY ALL THE PARTIES to any private
statement is false, no liability can attach if it relates to communication to secretly record such communication…
official conduct, unless the public official concerned proves The law makes NO DISTINCTION AS TO WHETHER the
that the statement was made with actual malice – that is, PARTY SOUGHT TO BE PENALIZED BE A PARTY
with knowledge that it was false or with reckless disregard OTHER THAN or different from THOSE INVOLVED IN
of whether it was false or not PRIVATE COMMUNICATION
+ There must be EITHER a PHYSICAL INTERRUPTION
+ When person is a PUBLIC FIGURE, anything that is in through a WIRETAP or the DELIBERATE INSTALLATION
connection with why he’s in the spotlight is fair game. of a device or arrangement for that purpose. Interception by
Imputation regarding something purely private is actionable an extension phone not considered under “any other device
+ For PUBLIC OFFICIALS, it’s not actionable if it’s in or arrangement”
connection with what they do in office – performance of + Framers of the law more concerned with penalizing the
duty or fitness to hold public office act of recording than the act of merely listening to a
telephone conversation
+ ONLY THE OFFENDED PARTY CAN FILE
+ Rules on VENUE CRIMINAL NEGLIGENCE
1) PRIVATE individual
- WHERE HE RESIDES at the time the offense was 365. IMPRUDENCE AND NEGLIGENCE
committed Punished acts:
- PLACE OF FIRST PUBLICATION 1) Committing through RECKLESS IMPRUDENCE ANY
2) PUBLIC OFFICIAL ACT WHICH, had it been intentional, WOULD
- Where he HOLDS OFFICE CONSTITUTE A GRAVE OR LESS GRAVE FELONY OR
- PLACE OF FIRST PUBLICATION LIGHT FELONY
2) Committing through SIMPLE IMPRUDENCE OR
362. LIBELOUS REMARKS NEGLIGENCE AN ACT WHICH WOULD otherwise
+ Libelous remarks or comments CONNECTED ON CONSTITUTE A GRAVE OR LESS SERIOUS FELONY
MATTERS PRIVILEGED, IF MADE WITH MALICE IN 3) CAUSING DAMAGE TO the PROPERTY OF ANOTHER
FACT, DON’T EXEMPT the author or editor. THROUGH RECKLESS IMPRUDENCE OR SIMPLE
IMPRUDENCE OR NEGLIGENCE
363. INCRIMINATING INNOCENT PERSONS