TITLE 10
able to take possession of thing taken
Theft
 Committed by any person who, with intent to
gain but w/o violence against or intimidation of
persons nor force upon things, shall take
personal property of another w/o the latter’s
consent.
Art 308 Who are liable for theft
Liable
1. Those who
a. With intent to gain
b. But w/o violence against or intimidation
of persons nor force upon things
c. Take
d. Personal property
e. Of another
f. w/o latter’s consent
2. those who
a. having found lost property
b. fail to deliver the same to the local
authorities or owner
3. those who
a. after having maliciously damaged the
property of another
b. remove or make use of the fruits or
object of damage caused
4. those who
a. enter an enclosed estate or field where
b. trespass is forbidden or which belongs to
another and w/o consent of its owner
c. hunt or fish upon the same or gather
fruits, cereals or other forest or farm
products
Elements of theft:
1. there is taking of personal property
2. property belongs to another
3. taking done with intent to gain
4. taking done w/o consent of owner
5. taking be accomplished w/o use of violence
against of intimidation of persons or force upon
things
Distinguish: theft and robbery
T: offender does not use violence or intimidation or does
not enter house or building through any of the means
specified in art 299 or 302; sufficed that w/o consent
R: necessary that there be a taking against will
 “Taking”
- taking away or carrying away of personal
property of another is not required
- theft is consummated when culprits were
- not indispensable element that thief carry
away
(people vs. naval – bedsheets; consummation takes
place upon voluntary and malicious taking of
property belonging to another which is realized by
material occupation of thing where thief places it
under his control and in such a situation as he could
dispose it at once)
(people vs. dino – stolen boxes of rifle; frustrated
theft; fact determinative of consummation in theft is
the ability of offender to dispose freely of the articles
stolen even if it were more or less momentarily.;
should be applied only in theft of bulky goods; NOT
ADOPTED)
 THERE IS NO CRIME OF FRUSTRATED
THEFT
 Taking must have character of permanency
o Element of taking means the act of
depriving another of the possession and
dominion of movable thing couples with
intention of withholding it with the
character of permanency
 Offender must have intention of making himself
the owner of thing taken
 There is taking even if offender received thing
from offended party
o If juridical possession is transferred,
estafa
 Personal property
o Includes electricity and gas (valuable
article of merchandise)
o Telco and telephone business
 Selling share of partner or joint owner is not
theft
 Intent to gain
o Presumed from unlawful taking of
personal property belonging to another
o If he believes it to be his own,
presumption rebutted
o Satisfaction and pleasure derived from
act of giving to another what had been
stolen is real gain
 Actual or real gain NOT necessary
o Enough that on taking them, he was
actuated by desire or intent to gain
 Taken w/o consent
o Consent – consent freely given and not
to one which may only be inferred from
mere lack of opposition
 Taking must be accomplished w/o violence
against of intimidation of person
 o If violence was employed AFTER
taking is complete – theft
o Rule is different when violence resulted
in homicide, rape, intentional mutilation
or serious physical injuries
 Crime is robbery complexed
 Force upon things in theft
o Unless force is employed to enter a
building, theft
 Presumption as to possession of stolen property
o Person in possession of part of recently
stolen property – presumed to be thief of
all
 Applies when all goods were
lost at the same time, place,
occasion
 N/A if lost piece by piece
 Presumption does not exist
when property was stolen long
ago
 Finder of lost property
o Lost property embraces loss by stealing
o How to prove (necessary to prove)
 Time and seizure of things
 It was a lost property belonging
to another
 Accused having had opportunity
to return of deliver lost property
to its owner or local auth
refrained from doing so
o Not limited to actual finder
o Law does not require knowledge of
owner of lost property
o Intent to gain is inferred from deliberate
failure to deliver lost property to proper
person
 Hunting, fishing, or gathering fruits in enclosed
estate
o Elements
 There is an enclosed estate or
field where trespass is forbidden
or which belongs to another
 Offender enters
 Hunts or fished upon the same
or gathers fruits, cereals or other
forest or farm products in the
estate or field
 Hunting or fishing or gathering
of products is w/o consent of
owner
o Fishing should not be in fishpond within
field or estate, if so, qualified theft
o PD 534 – illegal fishing
o PD 581 – highgrading or theft of gold
oPD 401 – use of tampered water or
electrical meters to steal water or
electricity
 THEFT IS NOT A CONTINUING OFFENSE
Art 309 Penalties
Basis of penalty
1. Value of thing stolen
2. Value and also nature of property
3. Circumstances or causes that impelled culprit to
commit crime
 Offender liable for theft of whole car even if
tires only are taken away
Art 310 Qualified theft
Theft is qualified if:
1. Committed by a domestic servant
2. Committed with grave abuse of confidence
3. Property stolen is a
a. Motor vehicle
b. Mail matter
c. Large cattle
4. Property stolen consists of coconuts taken from
premises of plantation
5. Property stolen is fish taken from fishpond or
fishery
6. Property is taken on occasion of fire, earthquake,
typhoon, volcanic eruption or any other
calamity, vehicular accident or civil disturbance
 Penalty is 2 degrees higher
 Theft by domestic servant is ALWAYS qualified
o Not necessary to show that committed
with grave abuse of confidence
o Abuse of confidence must be grave
(Remember: Bishop with
Candlesticks!!!)
 Need not be premeditated
 Theft by housemate is NOT always qualified
 Theft by laborer is not is NOT qualified theft
 Theft by truck driver or shepherd or by one who
had access to place where stolen property is kept
is QT
 PD 133 – theft of any material, spare part,
product or article by employees and laborers is
heavily punished
 Taking money in possession by receiving teller
of bank is QT because of physical possession
 Confidence gravely abused must be that existing
between offended party and offender
 Novation theory applies only when there is
contractual relationship between accused and
complainant
 RA 10883 – theft of motor vehicle
o Carnapping is a non-bailable offense
 Property stolen is mail matter
o What makes this qualified is the fact that
the subject is mail matter, regardless of
whether offender is a postal employee or
private individual
 PD 533 – Anti-Cattle Rustling Law
o Theft of large cattle
 Cattle – includes horses, asses,
mules, sheep, goats and swine
 Large cattle – cow, carabao,
gorse, mule, ass, or other
domesticated member of bovine
family
 Animal must be taken alive
o Taking at the same time several cows is
only one crime
 Coconuts from plantation
o Within plantation, still in the tree or
deposited on the ground
o Other place, ST
o Reason: encourage and protect the
development of coconut industry as one
of the sources of national economy
 Fish
o Includes not only fish, fish but also other
aquatic animals
o Fishery – where fish are bred and caught
 PD 330 – timber smuggling from and illegal
cutting of logs in public forest and forest
reserves QT
 PD 1612 – Anti Fencing Law
o Fencing – act of any person who, with
intent to gain for himself or for another
shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or
shall buy and sell or in any other manner
deal in any article, item, object or
anything of value which he knows, or
should be known to him, to have been
derived from proceeds of crime of
robbery or theft
o Elements:
 Robbery or theft has been
committed
 Accused, who is not a principal
or accomplice in commission of
robbery or theft buys, receive,
possesses, keeps, acquires,
conceals, sells or disposes, or
buys and sells or in any manner
deals in any article, item, object
or anything of value which has
been derived from proceeds of
crime
 Accused know object been
derived from proceeds of
robbery or theft
 There is intent to gain for
himself or another
o Presumption of fencing
 Mere possession of any good,
article, item, object, or anything
of value which has been subject
of robbery or thievery
 Presentation of sales invoice or
receipt provides proof of legit
transaction (disputable)
o Clearance/ permit to sell 2ndhand
articles required
 Crimes of robbery and theft and fencing are
separate and distinct offenses
Art 311 Theft of property of National Library and
National Museum
 Has fixed penalty regardless of value
Art 312 Occupation of real property or usurpation of
real rights in property
Acts
1. Taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2. Usurping any real rights in property belonging to
another by means of violence against or
intimidation of persons
Elements
- Offender takes possession of any real
property or usurps any real rights in property
- Real property or real rights belong to
another
- Violence against or intimidation of persons
is used by offender in occupying real
property or usurping real rights in property
- There is intent to gain
 Real property or real rights must belong to
another
 There is only civil liability if there is no violence
or intimidation in taking possession of real
property
 Violence or intimidation must be used as means
in usurping
 Criminal action for usurpation is not a bar to
civil action for forcible entry
Distinguish from theft and robbery
1. T or R: there is taking or asportation; U:
occupation or usurpation
 2. T or R: personal property is taken; U: real
property or real right involved
3. Both crimes there is intent to gain
R.A 947 – punishes entering or occupying public
agricultural land including public lands granted to
private individual
Art 313 Altering boundaries or landmarks
Elements:
1. There be boundary marks or monuments of
towns, provinces, or estates or any other marks
intended to designate the boundaries of the same
2. Offender alters boundary marks
Intent to gain NOT necessary
 Mere alteration is punishable
 Offense consists in carrying out a felonious
intent to usurp realty
Meaning of “alter” – destruction of stone monument or
taking it to another place or removing a fence
Art 314 Fraudulent insolvency
Elements:
1. Offender is debtor; he has obligations due and
payable
2. He absconds with his property
3. There be prejudice to creditors
Actual prejudice, NOT intention alone, is required
 If not shown that it prejudiced creditor, art will
not apply
Being a merchant is NOT an element
 If merchant, higher penalty
Real property may be involved
Distinguish: 314 and insolvency law
I: requires that criminal act be committed after
institution of insolvency proceedings
314: no requirements and not necessary that defendant
should have been adjudged as bankrupt or insolvent
Art 315 Swindling (estafa)
Elements (in general)
1. Accused defrauded another by:
a. Abuse of confidence
b. Means of deceit
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party or 3rd
person
3 ways of committing estafa
1. With unfaithfulness or abuse of confidence
2. By means of false pretenses or fraudulent
acts
3. Through fraudulent means
 Deceit is not an essential requisite of estafa with
abuse of confidence
o Cases where money or other personal
property has been voluntarily entrusted
without wrongdoing on his part in
obtaining or receiving it
o Fraudulent conversion or
misappropriation of property received
int rust on commission, for
administration, or under any other
obligations involving the duty to make
delivery of or to return the same
 Second element (damage) is the basis of penalty
o Necessary that damage or prejudice be
capable of pecuniary estimation
 With abuse of confidence:
o By altering the substance, quantity, or
quality of anything of value which the
offender shall deliver by virtue of an
obligation to do so even though such
obligation be based on immoral or
illegal consideration
Elements of estafa with unfaithfulness:
1. Offender has an onerous obligation to
deliver something of value
2. He alters its substance, quality, or quantity
3. Damage or prejudice is caused to another
 There must be an existing obligation to deliver
something of value
 By virtue of onerous obligation
o If thing delivered had not been fully or
partially paid for when it was received
not liable
 Altering substance, quality, or quantity
o Substance
 May constitute a violation of
food, drug, and cosmetics act
(RA 7394)
o Quantity
o Quality
 When there is no agreement as
to the quality of the thing to be
delivered not estafa
 Estafa even though thing is unlawful
Elements of estafa with abuse of confidence under sub 1
par B
1. Money, goods, or other personal property be
received by offender in trust or on
 commission or for administration or under
any other obligation involving the duty to
make delivery of or to return the same
2. There be misappropriation or conversion of
such money or property by the offender or
denial on his part of such receipt
3. Such misappropriation or conversion or
denial is to the prejudice of another
4. There is a demand made by offended party
to offender (not necessary when there is
evidence of misappropriation of goods by
defendant)
 Check is included in money
o Check is normally accepted under
commercial usage as substitute for cash
 Money, goods or other personal property must
be received by offender
o When thing is received by offender
 In trust
 Or in commission
 For administration
o Offender acquires both material or
physical possession and juridical
possession of thing received
 Juridical possession
o Possession which gives to the transferee
a right over the thing which transferee
may set up even against the owner
 Presumption as to kind of possession
o Delivery has not the effect of
transferring juridical possession or title
presumed that possession of and title to
the thing delivered remain in the owner
 Failure to turn over to the bank the proceeds of
the sale of goods covered by trust receipts is
estafa
 PD 115
 Thing received must be the same thing to be
delivered
 Quasi-contracts and certain contracts of bailment
are included
 Obligation to return or deliver the thing must be
contractual w/o transferring to the accused the
ownership of thing received
o Ownership is transferred to person who
has received it, failure to return will give
rise to civil liability only
o If there is no obligation to return THE
VERY SAME THING received, only
civil liability
 No estafa if thing is received under a contract of
sale on credit
 Criminal liability for estafa is not affected by
novation of contract
o Novation must take place before
criminal liability is incurred
o Novation of contract from one of agency
to one of sale or to one of loan relieves
defendant from incipient criminal
liability under first contract
3 ways of committing estafa with abuse of confidence
1. Misappropriating thing received
2. Converting thing received
3. Denying thing was received
 Converting – act of using or disposing another’s
property as if it were one’s own
 Misappropriating – to won, to take something
for one’s own benefit
o Includes every attempt to dispose
property of another w/o right
 Conversion – presupposes that the thing has
been devoted to a purpose or use different from
that agreed upon
 Estafa by misappropriation
o No distinction between permanent and
temporary misappropriation
 Momentary use by the agent of funds belonging
to his principal does not constitute estafa.
 Estafa cannot be sustained against a person who
has in good faith retained the property
committed to his care for the purpose of
necessary self-protection against his principal in
civil controversies arising between the 2 with
reference to the same
 3rd element (resulted to prejudice)
o Not necessary that offender should
obtain gain
o The one prejudiced is not necessarily the
owner of property
 Partnership – liability of partners for estafa
o Partners are NOT liable for estafa of
money or property received for the
partnership when the business
commenced and profits accrued
o Failure of partner to account for
partnership funds may give rise to a civil
obligation only, not estafa
 Exception: misappropriation by
a partner of the share of another
partner in the profits would
constitute estafa through
misappropriation
 4th element – demand
o EBM is the only estafa with element of
demand
o Demand is not required by law but it is
necessary because failure to account
upon demand is circumstantial evidence
of misappropriation
o Even if offender cannot be located or
there was agreement upon specific time
 for delivery or return of thing, demand
cannot be dispensed with
 NO ESTAFA THROUGH NEGLIGENCE
 Gravity of crime is determined on the basis of
amount not returned before institution of
criminal action
Distinguish: EWAC and theft
T: if person who misappropriated the thing if he acquired
only material or physical possession
E: juridical possession
T: offender takes thing
E: offender receives thing; does not take it w/o consent
 Test to distinguish estafa from theft
o Theft: owner expects an immediate
return of thing to him
o Estafa: owner does not expect
IMMEDIATE return of thing
o EXCEPTION: when servant received
money or other personal property with
an obligation to deliver it to a 3rd person,
theft
o Servant, domestic, or employee who
misappropriates the thing he received
from his master or employer is not
guilty of estafa
 Custody is only temporary
 Constructive possession is the
relation between the owner of
thing and the thing itself when
the owner is not in the actual
physical possession but it is still
under his control and
management, and subject to his
disposition
Distinguish: abuse of confidence and malversation
Both crimes: entrusted with funds or property;
continuing offenses
E: funds or property are always private
M: public funds
E: offender is private individual or public officer who is
NOT accountable for public funds or property
M: offender is usually a public officer is accountable for
public funds or property
E: crime is committed by misappropriating, converting,
or denying having received money, goods, or other
personal property
M: crime is committed by appropriating, taking, or
misappropriating or consenting or through abandonment
or negligence permitting any other person to take public
funds or property
 In prosecution for malversation the public
officer accountable for public funds is acquitted,
private individual allegedly in conspiracy may
be held liable for estafa
 Misappropriation of firearms received by
policeman is estafa IF NOT involved in
commission of crime
o Malversation if involved
Elements of estafa by taking undue advantage of the
signature in blank:
1. Paper with the signature of the offended
party be in blank
2. Offended party should have delivered it to
the offender
3. Above the signature of the offended party a
document is written by the offender w/o
authority to do so
4. Document so written creates a liability of, or
causes damage to, the offended party or any
3rd person
 Paper with the signature in blank must be
delivered by offended party to offender
Elements of estafa by means of deceit:
1. There must be a false pretense, fraudulent
act or fraudulent means
2. Such false pretense, fraudulent act or means
must be made or executed prior to or
simultaneously with the commission of the
fraud
3. Offended party must have relied on the false
pretense, fraudulent acts or means, that is, he
was induced to part with his money or
property because of the false pretense,
fraudulent act or means
4. Party suffered damage
 No deceit if the complainant was aware of the
fictitious nature of the pretense
Ways of committing estafa by deceit
 Using fictitious name
 Falsely pretending to possess a
o Power
o Influence
o Qualifications
o Property
o Credity
o Agency
o Business or imaginary transactions
  INDISPENSIBLE REQUIREMENT: element of
deceit, consisting in the false statement or
fraudulent representation of the accused be made
prior to or at least simultaneously with the
delivery of the thing by the complainant
o It is essential that false statement or
fraudulent representation constitutes the
very cause or the only motive which
induces the complainant to part with the
thing
o If no prior or simultaneous false
statement any subsequent act of accused
however fraudulent and suspicious it
may appear cannot serve as a basis for
prosecution for the class of estafa
 Estafa by using fictitious name
o Person uses name other than his real
name
 Creditor who deceived his debtor is liable
 Pretense must be false
o In the absence of proof criminal intent to
deceive cannot be inferred
 Facts that make the pretense false must exist
prior to or simultaneous with execution of fraud
 Offended party must be deprived of his property
by any of the false pretenses mentioned
o Offender must be able to obtain
something because of the false pretense
where w/o which offended party would
not have parted with it
Distinguish: estafa by means of deceit and theft
- What distinguishes is not the presence or
absence of fraud but whether only material
possession or both the juridical and physical
possession of thing was transferred
 Estafa through false pretense made in writing is
only a simple crime of estafa not complex crime
 Fraud in estafa by means of deceit must be
proved with clear and positive evidence
 Estafa by altering quality, fineness or weight of
anything pertaining to his art or business
o Ex: jeweler who defrauded a person who
had delivered to him a diamond and
piece of gold to be made into a ring by
changing stone with one of lower quality
 Fraudulent manipulation of scale is punished
under Consumer Act of the Philippines
 Estafa by pretending to have given bribe
o Ask money from another for the alleged
purpose of bribing a gov’t employee
when in truth he intends to use money
for his own personal use and benefit
o If he really gives, corruption of public
officer
o May also be liable for defamation
 Estafa by means of fraudulent acts
o Acts must be fraudulent – characterized
by or founded on deceit, trick or
cheating
Elements of estafa by postdating a check or issuing a
check in payment of an obligation
1. Offender postdated a check or issued a
check in payment of an obligation
2. Such postdating or issuing a check was done
when offender had no funds in bank or his
funds deposited were not sufficient to cover
the amount of check
 Check issued must be genuine and not falsified
 Check must be postdated or issued in payment of
an obligation contracted at the time of the
issuance and delivery of check
o Check should not be postdated or issued
in payment of pre-existing obligation
o Must be that accused must have
obtained goods because of the check
 When check is issued in substitution of
promissory note, payment of pre-existing
obligation
 When accused did not have to assure the payee
that checks would be sufficiently funded on
maturity no estafa
o Issuance of check should be the means
to obtain money or property from payee
 Accused must be able to obtain something from
offended party by means of check he issues and
delivers
o EXCEPTION: check issued in NOT in
payment of an obligation
 When postdated checks are issued and intended
by the parties only as PN not estafa
 When check is issued by guarantor there is no
estafa
 When offender had no funds in the bank or his
funds were not sufficient to cover the amount of
check – sufficient to make him liable for estafa
 RA 4885 – not knowing about the insufficient
funds is not a defense
 Prima facie evidence of deceit
o Failure of drawer of check to deposit
amount necessary to cover his check
within 3 days from receipt of notice
from bank and/or payee has been
dishonored for lack or insufficiency of
funds
o If able to deposit but dishonored, not
liable
 Good faith is a defense
 Person who uses the check may also be liable
  Payee or person receiving check must be
defrauded (damaged)
 PD 818 – increased penalty for estafa committed
by means of bouncing checks
Batas Pambansa Blg 22
Acts:
1. By making or drawing and issuing any
check to apply on account or for value,
knowing at the time of issue that he does not
have sufficient funds in or credit with the
drawee bank for the payment of check in full
upon its presentment, which check is
subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would
have been dishonored for the same reason
had not the drawer, w/o any valid reason
ordered bank to stop payment
2. Having sufficient funds in or credit with the
drawee bank when he makes or draws and
issues a check by failing 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 date appearing for
which reason it is dishonored by drawee
bank
Sec 1 – check w/o sufficient funds
Elements of sec 1 par 1
1. Person makes or draws and issues any check
2. Check is made or drawn and issued to apply
on account or for value
3. Person who makes or draws and issued the
check knows at the time of issue that he does
not have sufficient funds in or credit with
drawee bank for the payment of such check
in full upon presentment
4. Check is subsequently dishonored by drawee
bank for insufficiency of funds or credit or
would have been dishonored for the same
reason had not the drawer w/o any valid
reason ordered the bank to stop payment
Elements of sec 1 par 2
1. Person has sufficient funds in or credit with
the drawee bank when he makes or draw and
issues check
2. Fails to keep sufficient funds or to maintain
a credit to cover the full amount of check if
presented within a period of 90 days from
date appearing
3. Check is dishonored by drawee bank
 Gravamen of BP 22 is issuance of check
o Malum prohibitum
 Check may be drawn and issued to apply on
account or for value
o BP 22 does not make distinction as to
whether the bad check is issued in
payment of an obligation or to merely
guarantee an obligation
o 22 punishes the making or drawing and
issuing of any check that is subsequently
dishonored even in payment of pre-
existing obligation and in payment of
obligation contracted at the time of
issuance of check
 BP 22 requires that the person who made or
drew and issued the check knew at the time of
issue that he did not have sufficient funds or
credit with drawee bank for payment of check in
full
 If the check is drawn by corporation, company
or entity person liable is the person who actually
signed the check in behalf of such drawer
 Lack of written notice of dishonor is insufficient
for conviction
 No disputable presumption of knowledge of
insufficiency of funds when there is no receipt of
notice of dishonor
 Where there is insufficient proof that notice of
dishonor was received the presumption of
knowledge of insufficiency of funds cannot arise
 Notice of dishonor to corporation is not notice to
officer who issued the check
o Responsibility under BP 22 is personal
o Personal knowledge of dishonor is
necessary
Sec 2 – evidence of knowledge of insufficient funds
 BP 22 requires that person who makes or draws
and issues a check must have knowledge at the
time of issue that he does not have sufficient
funds
 Prima facie evidence: making, drawing, and
issuance of a check, payment of which is refused
by drawee because of insufficient funds in or
credit with bank
o EXCEPTIONS:
 Check is presented after 90 days
from date of check
 Maker or drawer pays holder the
amount due or makes
arrangements for payment in
full by the drawee of such check
within 5 banking days after
receiving notice that such check
has not been paid by drawee
  Element of knowledge of insufficiency of funds
or credit is not present when drawer
o Pays the holder of the check the amount
due within 5 banking days after
receiving notice that such check has not
been paid by drawee
o Makes arrangements for payment in full
by drawee of such check within 5
banking days after notice of non
payment
 Prima facie does not arise where notice of
nonpayment is not sent to the maker or drawer
of check
Sec 3 – duty of drawee; rules of evidence
 Sec 3 requires the drawee who refuses to pay
check to holder to cause to be written, printed or
stamped in plain language or attached the reason
for his dishonor or refusal to pay
 If no sufficient funds drawer bank shall
explicitly state the notice of dishonor or refusal
 Introduction in evidence of any unpaid and
dishonored check shall be prima facie evidence
of
o Making or issuance of check
o Due presentment to drawee for payment
and dishonor
o Fact that the same was properly
dishonored for the reason written,
stamped, or attached by drawee on such
dishonored check
Sec 4 credit construed
 Credit – an arrangement or understanding with
bank for the payment of such check
Sec 5 Liability under the RPC
 Bouncing check may be punished under RPC
and BP 22
 No double jeopardy if each statute requires proof
of an additional facts which the other does not
 An acquittal or conviction under either statute
does not exempt defendant from prosecution or
conviction under the other
 Art 315: act constituting offense is postdating or
issuing a check in payment of an obligation
when offender had no funds in the bank or his
funds deposited were not sufficient to cover
amount of check; mere insufficiency of funds
makes one liable; deceit is an element; there
must be damage
 BP 22: deceit is not required; damage is not an
element
 Estafa by issuing bad check is a continuing
crime
 Estafa by obtaining food or accommodation at a
hotel
o 3 ways
 Obtaining food, refreshment or
accommodation at a hotel, inn,
restaurant, boarding house,
lodging house or apartment
house w/o paying with intent to
defraud the proprietor or
manager
 Obtaining credit at any of said
establishments by use of any
false premise
 Abandoning or surreptitiously
removing any part of his
baggage from any of said
establishments after obtaining
credit, food, refreshment or
accommodation w/o paying
Elements of estafa by inducing another to sign any
document
1. Offender induced offended party to sign
document
2. Deceit be employed to make him sign
document
3. Offended party personally signed document
4. Prejudice be caused
 There must be inducement
o If offended party is willing and ready
from the beginning to sign document
and there is deceit as to character crime
is falsification
 Deceit must be employed
o No conviction if no evidence to show
that defendant made statements tending
to mislead the complainant as to
character of document executed
Elements of estafa by removing, concealing or
destroying documents
1. There be a court record, office files,
documents or any other papers
2. Offender removed, concealed or destroyed
any of them
3. Offender had intent to defraud another
 If no intent to defraud act of destroying court
record will be malicious mischief
Distinguish: infidelity in custody of documents and
315
 226 and 315: similar in that the manner of
committing the offenses is the same
226: p.o who is officially entrusted with document
315: private individual or p.o not officially entrusted
226: defraud not required
315: intent to defraud required
 Elements of deceit and abuse of confidence may
co-exist
 If there is no deceit, no abuse of confidence no
estafa even if there is damage there is only civil
liability
Damage or prejudice capable of pecuniary estimation
 Element of damage may consist in:
o Offended party being deprived of his
money or property
o Disturbance in property rights
o Temporary prejudice
 Payment made subsequent to commission of
estafa does not extinguish criminal liability or
reduce penalty
o Amount actually misappropriated is
basis of penalty
o Not one of the means of extinguishing
criminal liability (art 89)
 Crimbe not obliterated by acceptance of PN
 Accused cannot be convicted of estafa with
abuse of confidence under an information
alleging estafa by means of deceit
 Complex crime of theft and estafa
Art 316 Other forms of swindling
Par 1 – conveying, selling, encumbering or mortgaging
real property pretending to be owner
Elements:
1. Thing be immovable
2. Offender who is not an owner should
represent that he is the owner
3. Offender should have executed an act of
ownership
4. Act be made to the prejudice of owner or 3rd
person
 Thing disposed must be real property
o If chattel – 315 under others
 Buildings are real property whether they are
erected by owner or usufructuary or lessee
 There must be existing real property
o If non-existent 315
 Deceit consisting in false pretense as to
ownership of real property must be employed by
offender
o 316 penalizes a person who pretends to
be the owner and not one who claims to
be the owner
 Even if deceit is practices against the 2ns
purchaser and damage is incurred by 1st
purchaser there is violation
 Mere intent to damage is not sufficient there
must be actual damage
 Art 316 par 1 and 315 par 2 compared:
o Art 315: covers both personal and real
property
o 316: covers specific situation where
offender exercised or executes some act
of dominion or ownership over the
property to the damage and prejudice of
real owner
o 315: ^ circumstance need not be present
Par 2 – disposing of real property as free from
encumbrance, although such encumbrance be not
recorded
Elements:
1. Thing disposed be real property
2. Offender knew that real property was
encumbered whether the encumbrance is
recorded or not
3. There must be express representation by
offender that real property is free from
encumbrance
4. Act of disposing real property be made to
the damage of another
 The act constituting the offense is disposing of
real property falsely representing that it is free
from encumbrance
o Includes encumbering or mortgaging
 Encumbrance – includes every right or interest
in the land which exists in favor of 3rd person
 Offended party must have been deceived. He
would not have granted the loan had he known
that property was already encumbered
 When loan had already been granted when
defendant offered property as security for
payment of loan art 316 is not applicable
 Encumbrance must be legally constituted
o Attachment does not constitute
encumbrance until registered
 Usurious loan with equitable mortgage is not an
encumbrance on property
 Offender must know that real property is
encumbered
  3rd element required misrepresentation, fraud or
deceit
o Fraud cannot be implied
o Vendor must have made the express
representations to 2nd buyer that property
was free from encumbrance
 When 3rd element is not established, no crime
o Fraud contemplated must be the result of
some overt acts
o Silence as to encumbrance does not
involve a crime
 There must be damage caused
o Not necessary that act be made to the
prejudice of owner of land
Par 3 – wrongfully taking by the owner his personal
property from lawful possessor
Elements
1. Offender is owner of personal property
2. Said personal property is in lawful
possession of another
3. Offender wrongfully takes it from lawful
possessor
4. Prejudice is caused to possessor or 3rd
person
 Offender must be the owner of personal property
o If 3rd person, theft
 Personal property must be in lawful possession
of another
 Offender must wrongfully take personal
property from lawful possessor
o w/o consent
o when deceit is employed
 if taking with violence, robbery or grave
coercion
par 4 – executing fictitious contract to prejudice of
another
 ex: simulates a conveyance to another
par 5 – accepting any compensation for services not
rendered or labor not performed
 crime consists in accepting any compensation
 this kind of estafa requires fraud as element
 what constituted estafa is malicious failure to
return the compensation wrongfully received
par 6 – selling, mortgaging or encumbering real property
or properties with which offender guaranteed fulfillment
of obligation as surety
elements
1. offender is a surety in a bond given in
criminal or civil action
2. he guaranteed fulfillment of such obligation
with his real property or properties he sells,
mortgages or in any other manner
encumbers said real property
3. such sale, mortgage or encumbrance is
a. w/o authority from court
b. made before cancellation of bond
c. before being relieved from
obligation contracted by him
 there must be damage caused
Syndicated estafa – PD 1689
 syndicate consisting of 5 or more persons
formed with intention of carrying out the
unlawful or illegal act, transaction, enterprise or
scheme and defraudation results in
misappropriation of money contributed by
stockholders or members of rural banks,
cooperative etc
Elements:
1. estafa or other forms of swindling is
committed
2. estafa is committed by syndicate of 5 or
more persons
3. defraudation results in misappropriation of
mo money contributed by stockholders or
members of rural banks, cooperative etc
 coverage
o commercial banks
o committed through association which
operate on funds solicited from general
public
o number of accused are 5 or more
o number is less than 5 but defining
element of crime is present
o does not apply regardless of number of
accused when
 entity soliciting funds from gen
pub is the victim and not the
means through which estafa is
committed
 offenders are not owners or
employees who used association
to perpetrate crime
 syndicated estafa through Ponzi scheme
o Ponzi – type of investment frau that
involves the payment of purported
returns to existing investors from funds
contributed by new investors
 Organizers solicit new investors
by promising to invest funds in
 opportunities claimed to
generate high returns with little
or no risk
 Perpetrators focus on attracting
new money to make promised
payments to earlier-stage
investors to create false
appearance that investors are
profiting from legitimate
business
 Con-man collects money from
2nd or 3rd round of investors and
absconds
Art 317 Swindling a minor
Elements:
1. Offender takes advantage of the
inexperience or emotions or feelings of
minor
2. He induces such minor to
a. Assume an obligation
b. Give, release
c. Execute a transfer of property right
3. Consideration is
a. Some loan of money
b. Credit
c. Other personal property
4. Transaction is to the detriment of such minor
 Actual proof of deceit is not essential as it is
sufficient that offender takes advantage
 Real property not included
o RP cannot be made to disappear and
minor cannot convey real property w/o
judicial authority
 Age of minor – below 18
Art 318 other deceits
Other deciets are:
1. Defrauding or damaging another by any other
deceit not mentioned in preceding art
2. Interpreting dreams, making forecasts, telling
fortunes or by taking advantage of the credulity
of public in any other similar manner for profit
or gain
 Scope
o Damage is required
 Estafa by hiring and using public vehicle w/o
money to pay the fare
 Deceits include false pretenses and fraudulent
acts
Art 319 Removal, sale or pledge or mortgaged
property
 Object of art 319
o Give necessary sanction to provision of
statue in interest of public so in all cases
where loans are made and secured under
terms of statute, mortgage debtors maye
be deterred from violation of provisions
and mortgage creditors be protected
against loss or inconvenience resulting
from wrongful removal or sale of
mortgaged property
 Purpose
o Protection of mortgagee who should be
able to have a read access to and easy
reach of property subject to mortgage
 Acts
o Knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city
other than the one in which it was
located at the time of execution of
mortgage w/o written consent of
mortgagee or his executors,
administrators or assigns
o Selling or pledging personal property
already pledged or any part under terms
of Chattel Mortgage Law w/o consent of
mortgagee written on the back of
mortgage and noted on record in office
of register of deeds of province where
property is located
 Chattel mortgage must he valid and subsisting
Elements of knowingly removing mortgaged personal
property
1. Personal property is mortgaged under
Chattel Mortgage Law
2. Offender knows that such property is
mortgaged
3. He removes such mortgaged personal
property to any province or city other then
the one in which it is located at the time of
execution of mortgage
4. Removal is permanent
5. No written consent of mortgagee or
executors, admins, or assigns to such
removal
 Liability of person other than mortgagor
o 3rd person is liable
o Offender is any person
 No felonious intent when transfer of personal
property is due to change of residence
 Removal must be coupled with intent to defraud
  Filing civil action for collection not for
foreclosure of chattel mortgage relives the
accused of criminal responsibility
Elements of selling or pledging personal property
already pledged
1. Personal property is already pledged under
terms of Chattel Mortgage Law
2. Offender who is mortgagor or property sells
or pledges the same or any part
3. There is no consent of mortgagee written on
the back of mortgage and noted on the
record in office of register of deeds
 House may be subject of chattel mortgage by
agreement of parties
 2nd chattel mortgage is included
 Damage is not necessary
 Chattel mortgage may give rise to estafa by
means of deceit
Distinguish: 316 and 319
Both: there is selling of mortgaged property
316: real property
319: personal property
316: sufficient that real property mortgaged be sold as
free even though vendor may have obtained consent of
mortgagee in writing
319: committed by mere failure to obtain the consent of
mortgagee in writing even if offender should inform the
purchaser thing sold is mortgaged
316: protect purchaser
319: protect mortgagee
Art 320 Destructive Arson
 Destructive arson
o Contemplates malicious burning of
structures both public and private,
hotels, buildings, edifices, trains,
vessels, aircraft, factories and other
military, government or commercial
establishments by any person or group
of persons
o Reason: discourage and deter
commission of dastardly crime, prevent
destruction of properties and protect
lives of innocent people
Distinguish: destructive arson and simple arson
DA: malicious burning of structures both public and
private, hotels, buildings, edifices, trains, vessels,
aircraft, factories and other military, government or
commercial establishments by any person or group of
persons
SA: covers houses, dwellings, gov’t buildings, farms,
mills, plantations, railways, bus stations, airports,
wharves and other industrial establishments
*nature of DA is distinguished from SA by degree of
perversity or viciousness of criminal offender
DA: acts are heinous crimes
SA: lesser degree of perversity and viciousness;
contemplates crimes with less significant social, econ,
political and national security implications
Art 321 Other forms of arson
Art 322 cases of arson not included in preceding arts
Art 323 Arson of property of small value
Art 324 crimes involving destruction
Elements:
1. Offender causes destructions
2. Destruction caused by any:
a. Explosion
b. Discharge of electric current
c. Inundation, sinking or stranding of
vessel or intentional damaging of
engine of said vessel
d. Taking up rails from railway track
e. Maliciously changing railway
signals for safety of moving trains
f. Destroying telegraph wires and
telegraph posts or those of any other
system
g. Using any other agency or means of
destructions as effective as above
enumerated
 Crimes involving destruction as terrorism
Art 325 Burning of one’s own property as means to
commit arson
Art 326 Setting fire to property exclusively owned by
offender
Art 326-A Cases where death resulted as consequence
of arson
Art 326-B Prima facie evidence of arson
PD 1613
 Arson – malicious destruction of property by fire
 Kinds of arson
o Simple arson
o Destructive arson
o Other cases of arson
 PD 1613 is governing law for simple arson
o Malicious burning of public and private
structures regardless of size not included
in Art 320
o covers houses, dwellings, gov’t
buildings, farms, mills, plantations,
railways, bus stations, airports, wharves
and other industrial establishments
 Attempted, frustrated and consummated arson
o Consummated: any charring of the wood
of a building where fiber of wood is
destroyed is sufficient; not necessary
that it be ablazed; mere fact that
building is scorched or discolored by is
is not sufficient; setting fire to contents
of building even if no part of building
was burned is consummated
o In attempted it is not necessary that
there be a fire
 If property burned is inhabited, it is not required
that house be occupied by one or more persons
and offender knew it when house burned
Distinguish: arson and homicide/ murder
- Ascertain main objective of malefactor
a. If main objective is burning but
death results by reason of arson –
arson; resulting homicide is
absorbed
b. If main objective is to kill particular
person who may be in building or
edifice when fire is resorted to as
means to accomplish – murder
c. If main objective is kill particular
person but fire is resorted to as
means to cover up killing –
homicide/murder AND arson
 No complex crime of arson with homicide
 Prima facie evidence of arson
o 7 circumstances enumerated in sec 6
 Arson under PD 1613 as terrorism
Art 327 Who are liable for malicious mischief
Elements
1. Offender deliberately caused damage to
property of another
2. Such act does not constitute arson or other
crimes involving destruction
3. Act of damaging another’s property be
committed merely for sake of damaging it
a. Presupposes offender acted due to
hate, revenge, or evil motive
 Deliberately cause to property any damage
o Offender should act under this impulse
of a specific desire to inflict injury to
another
o Malicious mischief CANNOT be
committed through negligence
o Includes damage caused because of
mere pleasure of destroying
 If no malice, only civil liability
 Damage – not only loss but also diminution of
what is a man’s own
 Theft when there is intent to gain
 Damaging property must not result from crime
 Person charged with malicious mischief can be
found guilty of damage to property through
reckless imprudence
o RI is simply a way of committing crime
 Cases of malicious mischief as regards the
means employed and nature of damaged
properties
o Special cases of malicious mischief
o Damage and obstruction to means of
communications
o Destroying or damaging statues, public
monuments or paintings
Art 328 Special cases of malicious mischief
Special cases are:
1. Causing damage to obstruct the performance
of public functions
2. Using any poisonous or corrosive substance
3. Spreading any infection or contagion among
cattle
4. Causing damage to property of National
Museum or National Library or to any
archive or registry, waterworks, road,
promenade, or any other thing used in
common by public
 Called qualified malicious mischief
 Distinguish no 1. From sedition
o No presence of public and tumultuous
element
o Similar in commission
Art 329 Other mischiefs
  Other mischiefs should not be included in art
328 and is punished according to value of
damage caused
Art 330 Damage and obstruction to means of
communication
 Art 332 applies only to simple crimes of theft,
swindling and malicious mischief AND NOT
WHERE ANY OF SAID CRIMES IS
COMPLEXED WITH ANOTHER CRIME

 Qualifying circumstance
o Damage shall result in derailment of
cars, collision or other accident
 Derailment, collision should not have been
purposely sought by offender
 It should not be removing rails from railway
track to cause destruction
o Object in 330 is merely to cause damage
where in 324 is to cause destruction
 N/A when telegraph or telephone lines do not
pertain to railways

Art 331 Destroying or damaging statues, public

monuments or paintings

Art 332 Persons exempt from criminal liability

Crimes involves in exemption:

1. Theft
2. Estafa
3. Malicious mischief

Persons exempted:

1. Spouses, ascendants and descendants by

affinity in same line
2. Widowed spouse with respect to property
which belonged to deceased spouse before
same is passed into possession of another
3. Brothers and sisters and brothers-in-law and
sisters-in-law if living together
 There is only civil liability
o Crimes committed or caused mutually
 Reason for exemption
o Law recognizes presumed co-ownership
of property between offender and
offended party
 Does not apply to stranger who participates in
commission of crime
 Stepfather, adopted father, natural children,
concubine, paramour included
 Applies to common law spouses
 Widowed spouse who commits theft, estafa or
malicious mischief with respect to property of
deceased requirements:
o Property belongs to deceased spouse
o Not passed into possession of 3rd person
TITLE 11
Art 333 Who are guilty of adultery
Elements of adultery
1. Woman is married
2. She has sexual intercourse with a man not
her husband
3. As regards the man with whom she has
sexual intercourse, he must know her to be
married
 The woman must be married
o Legitimacy of marriage relation between
husband and wife is one of the
circumstances which must necessarily
attend the crime of adultery
o Presumption of being married must be
admitted as a fact
o Offended party must be legally married
to offender at time of criminal case
o Not necessary that there be valid
marriage
o Reason for punishing adultery even if
marriage is subsequently declared void
 Offense to vows taken and
attack on family exists
 Carnal knowledge may be proved by
circumstantial evidence
o Direct proof not necessary to sustain
conviction
 EACH sexual intercourse constitutes a crime of
adultery
o Not a continuing offense
 Essence of adultery
o Violation of marital vow
 Gist of crime
o Danger of spurious heirs into the family
where rights of real heirs may be
impaired and a man may be charged
with maintenance of family not his own
 Abandonment w/o justification is not exempting
but only mitigating circumstance
o Penalty next lower in degree
 Sheer necessity – mitigating liability of married
woman
 Both defendants are entitled to mitigating
circumstance
 Man must have knowledge of married status of
woman
o Married man not liable for adultery
because he did not know that woman
was married may be held liable for
concubinage
 Effect of acquittal of one of the defendants
o Does not operate as a cause for acquittal
of other
 May not be joint criminal intent
although there is joint physical
act
 One insane other sane, sane
criminally liable
 Man may not know woman is
married, man is innocent
 Death of woman during
pendency of trial cannot defeat
conviction of man
 Even if man left country woman
can be tried and convicted
 Effect of pardon
o Pardon must come before institution of
criminal prosecution
o Both offenders must be pardoned by
offended party
 Act of intercourse is implied pardon
 Effect of consent
o Complaint dismissed/ bars complaint
 There is no accomplice in adultery
Art 334 Concubinage
3 ways
1. Keeping mistress in conjugal dwelling
2. Having sexual intercourse under scandalous
circumstances with a woman who is not his
wife
3. Cohabiting with her in any other place
Elements
1. Man must be married
2. Committed any of the ff:
a. Keeping mistress in conjugal
dwelling
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife
c. Cohabiting with her in any other
place
3. Woman must know him to be married
 Concubinage is violation of marital vow
 Married man is not liable for concubinage for
mere sexual relations with woman not his wife
 Concubinage by keeping a mistress in conjugal
dwelling
o When mistress lived in dwelling of
spouses for about 2 months no positive
proof of actual intercourse is necessary
o Scandalous circumstances are not
necessary to make a husband guilty of
 concubinage by keeping a mistress in
conjugal dwelling.
 Who is a mistress?
o Taken by accused into conjugal
dwelling as concubine
 What is conjugal dwelling?
o Home of husband and wife even if wife
happens to be temporarily absent on any
account
 Concubinage by having sex under scandalous
circumstances
o Mistress is kept elsewhere (outside of
conjugal dwelling)
o Scandal consists in any reprehensible
word or deed that offends public
conscience, redounds to the detriment of
feelings of honest persons and gives
occasion to neighbors’ spiritual damage
or ruin
o Scandal produced occurs not only when
 He and his mistress live in the
same room of a house
 They appear together in public
 Perform acts in sight of
community which give rise to
criticism and general protest
among neighbors
o “under scandalous circumstances” act of
sexual intercourse proved by
circumstantial evidence
o People in vicinity are best witnesses to
prove scandalous circumstances
o When spies are employed there is no
evidence of scandalous circumstances
 Concubinage by cohabiting with a woman in any
other place
o Mere cohabitation is sufficient
o Proof of scandalous circumstances not
necessary
o Cohabit – dwell together in manner of
husband and wife for some period of
time
 Not single act of adultery;
cohabiting in a state of adultery
 Adultery is more severely punished than
concubinage
o Reason: adultery makes possible the
introduction of another man’s blood into
the family so offended husband may
have another man’s son bearing his
name and receiving support from him
Art 335 When and how rape is committed
Art 336 Acts of lasciviousness
Elements:
1. Offender commits any act of lasciviousness
of lewdness
2. Act of lasciviousness is committed against a
person of either sex
3. It is done under any of ff:
a. Using force or intimidation
b. Offended party is deprived of reason
or otherwise unconscious
c. By means of fraudulent machination
or grave abuse of authority
d. When offended party is under 12 yrs
or demented
 Lewd
o Obscene, lustful, indecent, lecherous
o Signifies form of immorality which has
relation to moral impurity
o Carried in wanton manner
 Compelling a girl to dance naked before a group
of men is an act of lasciviousness even if
dominant motive is revenge for her failure to pay
a debt
 Motive of lascivious acts is not important
because essence of lewdness is in the very act
itself
 Embracing, kissing, and holding girl’s breast is
act of lasciviousness
o In some cases, touching breast is
considered unjust vexation only
o Presence or absence of lewd designs is
inferred from nature of acts themselves
and environmental circumstances
 Kissing and embracing a woman against her will
are acts of lasciviousness when prompted by lust
or lewd designs
 Lover’s embraces and kisses are not acts of
lasciviousness
 Placing a man’s private parts over a girl’s genital
organ is an act of lasciviousness
 Act of lasciviousness must be committed under
any of the circumstances mentioned in definition
of crime of rape
o Using force or intimidation
o Offended party is deprived of reason or
unconscious
o By means of fraudulent machination or
grave abuse of authority
o Under 12 or demented
 Moral compulsion amounting to intimidation is
sufficient
o Annuls or subdues free exercise of will
o Not necessary that intimidation or
physical force be irresistible
Distinguish: abuses against chastity and offenses against
chastity
246: committed by p.o and mere immoral or indecent
proposal made earnestly and persistently is sufficient
336: private individual and it is necessary that some
actual act of lasciviousness should have been executed
Distinguish: attempted rape
Manner: the same; force or intimidation is employed by
means of fraudulent machination or grave abuse of
authority etc etc
Gender: either sex
A: acts performed clearly indicate that his purpose was
to lie with offended woman
A: lascivious acts are preparatory acts
L: finals objective sought
 Not attempted rape when there is no intent to
have sex
 Desistance in commission of attempted rape may
constitute acts of lasciviousness
o Actual damage was already done to a
lawful right
 NO ATTEMPTED OR FRUSTRATED CRIME
OF ACTS OF LASCIVIOUSNESS
 Acts of lasciviousness punished under RA 7610
when performed on child below 18 exploited in
prostitution or subjected to sexual abuse
o Sexual abuse under sec 5 b elements:
 Accused commits an act of
sexual intercourse or lascivious
conduct
 Act is performed with child
exploited in prostitution or
subjected to other sexual abuse
 Child is below 18
o Lascivious conduct
 Includes intentional touching
either directly or through
clothing of genitalia and inner
thigh with intent to arouse or
gratify sexual desire of any
person
Seduction – enticing a woman to unlawful sexual
intercourse by promise of marriage or other means of
persuasion w/o use of force
2 kinds:
1. Qualified seduction
2. Simple seduction
Art 337 Qualified seduction
Two classes of QS:
1. Seduction of a virgin over 12 and under 18 by
certain persons such as person in auth, priest,
teacher etc
2. Seduction of a sister by her brother or
descendant by her ascendant regardless of her
age or reputation
Elements of QS of a virgin
1. Offended party is a virgin which is
presumed if unmarried and of good
reputation
2. Must be over 12 and under 18
3. Offender has sexual intercourse with her
4. There is abuse of auth, confidence or
relationship on part of offender
 Offended party must be a virgin etc etc
o It is the accused who must prove
otherwise and proof must be convincing
 Offended party need not be physically virgin
 Offenders
o Abused auth
 Person in public auth
 Guardian
 Teacher
 Person entrusted with educ or
custody of woman seduced
o Abused confidence reposed to them
 Priest
 House servant
 Domestic
o Abused relationship
 Brother who seduced sister
 Ascendant who seduced
descendant
 Deceit is not an element of QS
o Replaced by abuse of confidence
 The fact that girl gave consent to sex is no
defense
o Not an element
 Sufficient that offender is teacher in the same
school
 Domestic – person usually living under same
roof pertaining to same house
o Includes all persons residing with the
family and who are members of same
household regardless of fact that their
residence may only be temporary or that
they may be paying their lodging
 o Domestic is distinct from house servant
 Intimacy and confidence
existing among various
members of household,
opportunities for committing
seduction are more frequent
Distinguish from rape
R: if any of the circumstances in crime of rape is present
 QS by seducing sister or descendant
o Penalty next higher in degree
o Virginity is not required
o May be over 18
o Relationship must be by consanguinity
o Relationship need not be legitimate
 Accused charged with rape cannot be convicted
of QS under same information
Art 338 Simple seduction
Elements:
1. Offended party is over 12 and under 18
2. She must be of good reputation, single or
widow
3. Offender has sexual intercourse with her
4. Committed by means of deceit
 Virginity not required
 There must be sexual intercourse
 Deceit generally takes form of unfulfilled
promise of marriage
o Promise need not immediately precede
carnal act
o Woman must yield because of promise
 Deceit consisting in unfulfilled promise of
material things
 Promise of marriage of a married man is not
deceit
 Promise of marriage AFTER SEX is not deceit
 No continuing offense of seduction
 Purpose of law
o Punish seducer who by means of a
promise of marriage, destroys chastity of
an unmarried female of previous chaste
character and who draws her aside from
path of virtue and rectitude and then
fails and refuses to fulfill his promise
Art 339 Acts of lasciviousness with consent
Elements:
1. Offender commits acts of lasciviousness or
lewdness
2. Acts are committed upon a woman who is
virgin or single or widow of good reputation
under 18 but over 12 or sister or descendant
regardless of her reputation or age
3. Offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit
 Male cannot be offended party
 It is necessary that the crime is committed under
circumstances which would make it QS or SS
had there been sexual intercourse
 Woman may have consented but consent is
obtained by abuse of authority, confidence or
relationship by means of deceit
Distinguish: 336 and 339
Both: treats acts of lasciviousness
336: acts are committed under circumstances which had
there been carnal knowledge, would amount to rape
339: AOL are committed under circumstances which,
had there been carnal knowledge would amount to QS or
SS
 Penalty when victim is under 12
o One degree higher
Art 340 Corruption of minors
 Habituality or abuse of authority or confidence
is not necessary
 Not necessary that unchaste acts shall have been
done
o What law punishes is act of a pimp who
facilitates corruption of and NOT
performance of unchaste acts upon
minor
o Mere proposal will consummate offense
 Age of victim
o Age of majority
 Reputation
o Must be of good reputation
 Penalty when under 12
o One degree higher
 Child prostitution under RA 7610
 Attempt to commit child prostitution under RA
7610
Art 341 White slave trade
Acts:
1. Engaging in business of prostitution
2. Profiting by prostitution
 3. Enlisting services of woman for purpose of
prostitution
 One of the acts is sufficient to constitute offense
 Habituality not a necessary element
o Sufficient that accused committed any
of acts
 Offender need not be the owner of house
 Maintainer or manager of house of ill-repute
need not be present at time of raid
 Under any pretext
o Engages the services of a woman for
another job but in reality, it is for
prostitution
 Penalty under 12
o One degree higher
Abduction – taking away of a woman from her house or
place where she may be for the purpose of carrying her
to another place with intent to marry or corrupt
2 kinds:
1. Forcible abduction
2. Consented abduction
Art 342 Forcible abduction
Elements:
1. Person abducted is any woman, regardless of
age, civil, status or reputation
2. Abduction is against her will
3. Abduction is with lewd designs
 Woman abducted may be married
o Virginity is not an essential element
 Crimes against chastity where age and
reputation of victim is immaterial
o Rape
o Acts of lasciviousness (336 and 339)
o Qualified seduction of sister or
descendant
o Forcible abduction
 Taking away of woman must be against her will
 Taking away may be accomplished by means of
deceit first and then by means of violence and
intimidation
 If victim is under 12 crime is forcible abduction
even if she voluntarily goes with abductor
 Sex is not necessary in FA
o Intent to seduce is sufficient
 Lewd designs may be shown by conduct of
accused
 Lewd designs present in hurried ceremony of
marriage by force
 Intention to marry does not constitute unchaste
designs when both defendant and woman have
required age for consenting to marry
 When there are several defendants, it is enough
that one of them had lewd designs
o Same was known to other who
cooperated on commission of felony
 Nature of crime
o Violative of individual liberty of
abducted, her honor and reputation and
of public order
 FA and grave coercion
o Both crimes there is violence or
intimidation used to compel victim to do
something against will
o GC: no lewd design; provided that there
is no deprivation of liberty for an
appreciable length of time
 FA and corruption of minors
o If purpose is lending woman to illicit
intercourse with others – COA
 When there is deprivation of liberty and no lewd
designs, it is kidnapping and serious illegal
detention
 There can only be one complex crime of FA
with rape
o FA was only necessary for 1st rape
o Subsequent acts of rape should be
considered independently of forcible
abduction
o EX: one complex crime of FA with rape
and 3 separate acts of rape
 Attempt to rape is absorbed by abduction
 FA only when resistance of woman was no
tenacious
o Rape may absorb FA is main objective
was to rape
 Attempted forcible abduction
 Conviction of AOL is not bat to conviction of
FA
Art 343 Consented abduction
Elements:
1. Offended party must be a virgin
2. She must be over 12 and under 18
3. Taking away must be with consent after
solicitation or cajolery from offender
4. Taking away must be with lewd deisgns
 Virginity
o Not to be understood as to exclude idea
of abduction of virtuous woman of good
reputation
 If under 12 FA
  Taking away need not be with some character of
permanence
 Offended party need not be taken from her house
o Sufficient that he was instrumental in
her escape
 Consent may be due to honeyed promises of
marriage
 Taking away must be with lewd designs
 Purpose of law
o Prescribe punishment for the disgrace to
her family and alarm caused by
disappearance of one who is her age
 Complex crime of consented abduction with
rape
Art 344 Prosecution of crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness
1. Adultery and concubinage must be
prosecuted upon complaint signed by
offended spouse
2. Seduction, abduction, rape or AOL
a. Offended party
b. Parents
c. Grandparents
d. Guardians
 Underlying principle why crimes against
chastity cannot be prosecuted de oficio
o Woman and family may prefer to suffer
outrage in silence rather than go through
scandal of public trial
 Rape may be prosecuted de oficio
o RA 8353 Anti rape law
 Prosecution of adultery and concubinage
o Offended spouse
o Must include both offender it they are
both alive and even if one of them is not
guilty
 Crime of prostitution may be prosecuted de
oficio
 Guardian is on legally appointed by court
 Complaint must be filed in court not with fiscal
 When complexed with another crime complaint
need not be signed by offended woman
 Pardon in crimes against chastity
o Bar to prosecution for adultery and
concubinage
o Pardon in adultery and concubinage
must come before institution of criminal
action and both offenders must be
pardoned
o Express pardon of offender by offended
party or other persons named in law is
bar to prosecution for seduction,
abduction, rape or aol
o Pardon in seduction must also come
before institution of criminal complaint
o Parent of offended party cannot validly
pardon offenders
 Agreement to live separately as evidence of
consent
o Consent bars institution of criminal
complaint
 Condonation is not pardon in concubinage or
adultery
o Condonation is forgiveness based on
presumption and belief that guilty party
has repented; subsequent acts showing
no repentance is not bar to prosecution
 Delay in filing of complaint if satisfactorily
explain does not indicate pardon
 PARDON MUST BE EXPRESS in seduction,
abduction, rape or aol
 Pardon by offended party who is a minor must
have concurrence of parents
o EXCEPTION: if no parents
 Marriage in seduction, aol rape extinguishes
criminal action or remits penalty already
imposed
o Marriage must be entered in good faith
o Actual marriage not desire to marry
extinguishes criminal liability
o Marriage of parties guilty of adultery or
concubinage not included
Art 345 Civil liability of persons guilty of crimes
against chastity
Civil liability (rape, seduction, abduction)
1. Indemnify offended woman
2. Acknowledge offspring unless law should
prevent him from doing so
3. Support offspring
 Adulterer and concubine
o Indemnify damages caused to offended
spouse
o Only indemnity is possible because only
children born of parents who could
marry may be acknowledged and
supported
 No civil liability for AOL
 Moral damages in crimes against chastity
o May be recovered by victim and parents
 Civil liability of offenders in multiple rape
o All accused must support offspring
o Each is directly responsible
 Civil liability in rape of married
o Only indemnity
Art 346 Liability of ascendants, guardians, teachers
or other persons entrusted with custody of victim

Persons who cooperate as accomplices but punished as

principals

1. Ascendants
2. Guardians
3. Curators
4. Teachers
5. Any other person who cooperates as
accomplice with abuse of authority or
confidential relationship