TITLE TEN

Robbery

I. CRIMES AGAINST PROPERTY

A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1.That there be personal property belonging to another.
2.That there is unlawful taking of that property.
3.That the taking must be with intent to gain, and
4.That there is violence against or intimidation of any person, or
force upon anything.
Notes:

Bribery

X didnt commit crime but is

intimidated to deprive him of his
property

X has committed 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

voluntary

Neither

Transaction is voluntary and

mutual

Ex. defendant demands payment

of P2.00 with threats of arrest and
prosecution, therefore, robbery
because (a) intent to gain and (b)
immediate harm

1.Belonging to another person from whom property was taken

need not be the owner, legal possession is sufficient
2.Name of the real owner is not essential so long as the personal

A.

ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR

property taken does not belong to the accused except if crime is

INTIMIDATION OF PERSON: (294)

robbery with homicide

Acts punished as robbery with violence against or intimidation of

3.Taking of personal property must be unlawful; if given in trust

persons

estafa
4.As to robbery with violence or intimidation from the moment
the offender gains possession of the thing even if offender has had

By reason or on occasion of the robbery, the following are

committed:

no opportunity to dispose of the same, the unlawful taking is

1.homicide

complete

2.robbery accompanied with rape or intentional mutilation, SPI

5.As to robbery with force upon things thing must be taken out of

insane, imbecile, impotent or blind

the building

3.SPI lost the use of speech, hear, smell, eye, hand, foot, arm,

6.Intent to gain presumed from unlawful taking

leg, use of any such member, incapacitated for work habitually

7.Taking must not be under the claim of title or ownership

engaged in

8.When theres no intent to gain but there is violence in the taking

4.Violence/intimidation shall have been carried to a degree clearly

grave coercion

unnecessary for the crime or when in the cause of its execution

9.Violence or intimidation must be against the person of the

SPI/deformity, or shall have lost any part of the body or the use

offended party, not upon the thing

thereof or shall have been ill or incapacitated for the performance

10. General rule: violence or intimidation must be present before

the taking is complete

of the work for > 90 days; > 30 days

5.Any kind of robbery with less serious physical injuries or slight
physical injuries

11. Except: when violence results in homicide, rape, intentional

mutilation or any of the serious physical injuries in par 1 and 2 of
art 263, the taking of the property is robbery complexed with any
of these crimes under art 294, even if taking is already complete
when violence was used by the offender

Notes:
1.special complex crimes (specific penalties prescribed)
1.robbery with homicide if original design is robbery and
homicide is committed robbery with homicide even though
homicide precedes the robbery by an appreciable time. If original

12. Use of force upon things entrance to the building by means

design is not robbery but robbery was committed after homicide as

described in arts 299 and 302 (offender must enter)

an afterthought 2 separate offenses. Still robbery with homicide

13. When both violence or intimidation and force upon things

concur it is robbery with violence
Robbery with

Grave threats

if the person killed was an innocent bystander and not the person
robbed and if death supervened by mere accident.
2.robbery with rape intent to commit robbery must precede rape.

Grave coercion

Prosecution of the crime need not be by offended party fiscal can

sign the information. When rape and homicide co-exist, rape

violence
Intent to gain

No intent to gain

None

should be considered as aggravating only and the crime is still

Immediate harm

Intimidation;
promises some
future harm or
injury

Intimidation (effect) is
immediate and offended
party is compelled to do
something against his will
(w/n right or wrong)

robbery with homicide

3.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

4.qualifying circumstances in robbery with violence or intimidation

2.That the offender compels him to sign, execute, or deliver any

of persons, if any of the offenses defined in subdivisions 3, 4 and 5

public instrument or document.

of Art 294 is committed:

3.That the compulsion is by means of violence or intimidation.

1.in an uninhabited place or

2.by a band or
3.by attacking a moving train, street car, motor vehicle or airship,

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR

PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299)

or
4.by entering the passengers compartments in a train, or in any
manner taking the passengers thereof by surprise in the
respective conveyances, or
5.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 penalties prescribed in art 294

1.That the offender entered (a) an inhabited house, or (b) public

buildings, or (c) edifice devoted to religious worship.
2.That the entrance was effected by any of the following means:
1.Through an opening not intended for entrance or egress.
2.By breaking any wall, roof, or floor or breaking any door or
window.
3.By using false keys, picklocks or similar tools or.
4.By using any fictitious name or pretending the exercise of public

B.

QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION

authority.

(295)

5.That once inside the building, the offender took personal

Notes:

property belonging to another with intent to gain.

1.Must be alleged in the information

2.Cant be offset by generic mitigating
3.Art 295 will not apply to: robbery w/ homicide, rape or SPI under
par 1 of art 263
C.

ROBBERY BY A band: (296)

Notes:
1.Includes dependencies (stairways, hallways, etc.)
2.Inhabited house any shelter, ship or vessel constituting the
dwelling of one or more person even though temporarily absent
dependencies, courts, corals, barns, etc.

notes:

3.NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION.

1.More than 3 armed malefactors

4.Important for robbery by use of force upon things, it is necessary

2.Liability for the acts of the other members of the band

that offender enters the building or where object may be found.

3.Conspiracy to commit robbery with homicide even if less than 4

NO ENTRY, NO ROBBERY

armed men

5.Entrance is necessary mere insertion of hand is not enough

4.Conspiracy to commit robbery only but homicide was committed

(whole body); not to get out but to enter therefore, evidence to

also on the occasion thereof all members of the band are liable

such effect is necessary

for robbery with homicide

6.P v. Lamahang intent to rob being present is necessary

5.Conspiracy is presumed when 4 or more armed persons

7.Place: house or building; not car

committed robbery

8.Public building every building owned, rented or used by the

6.Unless the others attempted to prevent the assault guilty of

government (though owned by private persons) though

robbery by band only

temporarily vacant
9.Not robbery passing through open door but getting out of a

1.he was a member of the band

window

2.he was present at the commission of a robbery by that band

3.other members of the band committed an assault

10. Outside door must be broken, smashed. Theft if lock is

4.he did not attempt to prevent the assault

merely removed or door was merely pushed

D.

11. False keys genuine keys stolen from the owner or any keys

ATTEMPTED OR FRUSTRATED ROBBERY WITH

HOMICIDE: (297)
Notes:
1.Whether robbery is attempted or frustrated, penalty is the same

other than those intended by the owner for use in the lock
12. Picklocks specially made, adopted for commission of robbery

2.Where offense committed is attempted or frustrated robbery

13. Key stolen not by force, otherwise, its robbery by violence

with serious physical injuries article 48 is applicable

and intimidation against persons

14. False key used in opening house and not furniture inside,

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF

otherwise, theft (for latter to be robbery., must be broken and not

VIOLENCE OR INTIMIDATION: (298)

just opened)

1.That the offender has intent to defraud another.

15. Gen. Rule: outside door. Exception: inside door in a separate

2.A wall, roof, floor, or outside door or window was broken.

dwelling

3.The entrance was effected through the use of false keys,

picklocks or other similar tools.

16. E.g. pretending to be police to be able to enter (not pretending

4.A door, wardrobe, chest, or any sealed or closed furniture or

after entrance)

receptacle was broken or

G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION

(B) OR ART. 299

5.A closed or sealed receptacle was removed, even if the same be

broken open elsewhere.

1.That the offender is inside a dwelling house, public building, or

Notes:

edifice devoted to religious worship, regardless of the

1.Second kind of robbery with force upon things

circumstances under which he entered it

2.Uninhabited place is an uninhabited building (habitable, not

2.That the offender takes personal property belonging to another

any of the 3 places mentioned)

with intent to gain, under any of the following circumstances.

3.Ex. warehouse, freight car, store. Exception: pigsty

1.by the breaking of doors, wardrobes, chests, or any other kind of

4.Same manner as 299 except that was entered into was an

locked or sealed furniture or receptacle, or

uninhabited place or a building other than the 3 mentioned in 299.

2.by taking such furniture or objects away to be broken or forced

Exception: does not include use of fictitious name or pretending

open outside the place of the robbery.

the exercise of public authority

Notes:
1.Entrance ( no matter how done)
2.Offender may be servants or guests
3.Destruction of keyhole of cabinet is robbery here

5.Breaking of padlock (but not door) is only theft

6.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

4.When sealed box is taken out for the purpose of breaking it, no

K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN

need to open already consummated robbery

UNINHABITED PLACE OR PRIVATE BUILDING: (303)

5.Estafa if box is in the custody of acc

L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR

6.Theft if box found outside and forced open

SIMILAR TOOLS: (304)

H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND:

1.That the offender has in his possession picklocks or similar tools.

(300)

2.That such picklocks or similar tools are specially adopted to the

I.

WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING

OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND

THEIR DEPENDENCIES: (301)

commission of robbery.
3.That the offender does not have lawful cause for such
possession.

Notes:

Note: Actual use of the same is not necessary

1.dependencies are all interior courts, corrals, warehouses,

M. ELEMENTS OF FALSE KEYS: (305)

granaries or enclosed places:

1.Picklocks, etc.

1.contiguous to the building

2.having an interior entrance connected therewith
3.which form part of the whole
Garage must have 3 requirements. Exception: orchards/lands

2.Genuine key stolen from owner.

3.Any key other than those intended by owner for use in the lock
forcibly opened by the offender
Notes:
1.Possession of false keys here not punishable
2.If key was entrusted and used to steal, not robbery (not stolen)

J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN

A PRIVATE BUILDING: (302)
1.That the offender entered an uninhabited place or a building

II. BRIGANDAGE

which was not a dwelling house, not a public building, or not an

edifice devoted to religious worship.

A. BRIGANDAGE: (306)

2.that any of the following circumstances was present:

Brigands more than three armed persons forming a band

3.That with intent to gain the offender took therefrom personal

property belonging to another.

Purpose:
a.

Robbery in highway

1.That entrance was effected through an opening not intended for

1.

entrance or egress.

1.Any other purpose to be obtained by means of force and

b. Kidnapping for extortion or ransom.

violence.

d)

personal property

Presumption of Brigandage:

e)

of another

f)

without the latters consent

1.if members of lawless band and possession of unlicensed

firearms (any of them)
2.possession of any kind of arms (not just firearm)
BRIGANDAGE

ROBBERY IN BAND

1.Those who
a)

having found lost property

fail to deliver the same to local authorities or its owner

Purposes are given

Only to commit robbery, not

necessarily in hi-way

b)

Mere formation of a band

for the above purpose

If the purpose is to commit a part

robbery

Notes:

Necessary to prove that band

actually committed robbery

1.Retention of money/property found is theft. Retention is failure to

return (intent to gain)
2.Knowledge of owner is not required, knowledge of loss is enough

B. ELEMENTS OF AIDING AND ABETTING A BAND OF

3.Finder in law is liable

4.Those who

BRIGANDS: (307)
1.That there is a band of brigands.
2.That the offender knows the band to be of brigands.
3.That the offender does any of the following acts:
1.he in any manner aids, abets or protects such band if brigands,
or
2.he gives them information of the movements of the police or
other peace officers of the government or

a)

after having maliciously damaged the property of another

b)

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
1.Those who

3.He acquires or receives the property taken by such brigands.

a)

enter an enclosed estate or a field where

Notes:

b)

trespass is forbidden or which belongs to another and, without

1.PD 532 brigandage. Seizure of any person for: (a) ransom; (b)

the consent of its owner

extortion or other unlawful purpose; (c) taking away of property by

violence or intimidation or force upon things or other unlawful

c)

means

forest or farm products

2.Committed by any person

3.On any Phil hi-way

hunts or fish upon the same or gather fruits, cereals or other

Notes:
1.Theft is consummated when offender is able to place the thing
taken under his control and in such a situation as he could disclose
of it at once (though no opportunity to dispose) i.e, the control test

III. THEFT
A. ELEMENTS OF THEFT: (308)
1.That there be taking of personal property.
2.That said property belongs to another.
3.That the taking be done with intent to gain.
4.That the taking be done without the consent of the owner.
5.That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.

2.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
3.Servant using car without permission deemed qualified theft
though use was temporary
4.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
5.Theft: if after custody (only material possession) of object was

Persons liable:

given to the accused, it is actually taken by him (no intent to

1.Those who

return) e.g. felonious conversion. But it is estafa if juridical

a)

with intent to gain

b)

but without violence against or intimidation of persons not

force upon things

possession is transferred e.g., by contract of bailment

6.Includes electricity and gas
1.inspector misreads meter to earn
2.one using a jumper
7.Selling share of co-partner is not theft

c)

take

8.Salary must be delivered first to employee; prior to this, taking

of Php is theft

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL

9.If offender claims property as his own (in good faith) not theft

LIBRARY AND NATIONAL MUSEUM: (311)

(though later found 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)

IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY: (312)

12. Allege lack of consent in info is important

1.That the offender takes possession of any real property or usurps

any real rights in property.
2.That the real property or real rights belong to another.

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS,

3.That violence against or intimidation of persons is used by the

ETC. IN ENCLOSED ESTATE

offender in occupying real property or usurpation real rights in

(PAR. NO.3, ART. 308)

property.

1.That there is an enclosed estate or a field where trespass is

4.That there is intent to gain.

forbidden or which belongs to another;

2.That the offender enters the same.
3.That the offender hunts or fishes upon the same or gathers
fruits, cereals or other forest or farm products, and
4.That the hunting or fishing or gathering of products is without
the consent of the owner.

B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS:

(313)
1.That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate
the boundaries of the same.
2.That the offender alters said boundary marks.

Note: Fish not in fishpond, otherwise, qualified

C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)

V. CULPABLE INSOLVENCY

1.Committed by domestic servant, or

A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable

2.With grave abuse of confidence, or

insolvency)

3.Property stolen is:

1.That the offender is a debtor; that is, he was obligations due and

1.motor vehicle

payable.

2.mail matter

2.That he absconds with his property.

3.large cattle

3.That there be prejudice to his creditors.

4.coconut from plantation

5.fish from fishpond or fishery, or
6.On occasion of calamities and civil disturbance.

VI. SWINDLING AND OTHER DECEITS

Notes:

A.

1.grave abuse high degree of confidence e.g. guests

1.That the accused defrauded another (a.) by abuse of confidence,

2.no confidence, not qualified theft

or (b) or means of deceit and

3.theft material possession estafa juridical possession

2.That damage or prejudice capable of pecuniary estimation is

4.qualified: if done by one who has access to place where stolen

caused to the offended party or third person

property is kept e.g., guards, tellers

5.novation theory applies only if theres a relation
6.industrial partner is not liable for QT (estafa)
7.when accused considered the deed of sale as sham (modus) and
he had intent to gain, his absconding is QT
8.see carnapping law: RA 6539

ELEMENTS OF ESTAFA IN GENERAL: (315)

B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)

1.That the offender has an onerous obligation to deliver something
of value.
2.That he alters its substance, quantity, or quality.
3.That damage or prejudice is caused to another.

9.motor vehicle in kabit system sold to another-theft. Motor

C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE

vehicle not used as PU in kabit system but under K of lease-estafa

UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315

10.10. mail matter private mail to be QT, Not postmaster Art.

1.That money, goods, or other personal property be received by

226

the offender in trust, or on commission, or for administration, or

11. theft of large cattle

under any other obligation involving the duty to make delivery of

or to return, the same.

2.That there be misappropriation or conversion of such money or

misappropriated estafa!

property by the offender, or dental on his part of such receipt.

10.Failure to account after the DEMAND is circumstantial evidence

3.that such misappropriation or conversion or dental is to the

of misappropriation

prejudice of another and

11.DEMAND is not a condition precedent to existence of estafa

4.That there is a demand made by the offended party to the

when misappropriation may be established by other proof

offender.

12.In theft, upon delivery of the thing to the offender, the owner

D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE

UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3
WAYS OF COMMITTING:

expects an immediate return of the ting to him otherwise, Estafa

1.By misappropriating the thing received.

2.By converting the thing received.

13.Servant, domestic or employee who misappropriates a thing he

received from his master is NOT guilty of estafa but of qualified
theft

3.By denying that the thing was received.

Estafa with Abuse of

Confidence

Notes:
1.Unfaithful or Abuse of Confidence
a. by altering the substance

Malversation

Offenders are entrusted with funds offenders are entrusted with

or property and are continuing
funds or property and are
offenses
continuing offenses
Funds: always private

Funds: public funds or

property

commerce

Offender: private individual, or

public officer not accountable

Offender: public officer

accountable for public funds

c. thing delivered has not been fully or partially paid for not

Committed by misappropriating,
converting, denying having
received money

Committed by appropriating,
taking,

b. existing obligation to deliver even if it is not a subject of lawful

estafa

misappropriating

3.no agreement as to quality No estafa if delivery is

unsatisfactory

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF

THE SIGNATURE IN BLANK: (315)
1.That the paper with the signature of the offended party be in

1.By misappropriating and converting

blank.

1.thing is received by offender under transactions transferring

2.That the offended party should have delivered it to offender.

juridical possession, not ownership

3.That above the signature of the offended party a document is

2.under PD 115 (Trust Receipts Law) failure to turn over to the

written by the offender without authority to do so.

bank the proceeds of the sale of the goods covered by TR Estafa

4.That the document so written creates a liability of, or causes

3.same thing received must be returned otherwise estafa; sale on

damage to, the offended party or any third person.

credit by agency when it was to be sold for cash estafa

4.Estafa not affected by Novation of Contract because it is a
public offense
5.Novation must take place before criminal liability was incurred or
perhaps prior to the filing of the criminal information in court by
state prosecutors

6.Misappropriating to take something for ones own benefit

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 participate.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1.that there must be a false pretense, fraudulent means must be
made or executed prior to or
2.That such false pretense, fraudulent act or fraudulent means

g. Converting act of using or disposing of anothers property as if

must be made or executed prior to or simultaneously with the

it was ones own; thing has been devoted for a purpose or use

commission of the fraud.

different from that agreed upon

3.That the offended party must have relied on the false pretense,

1.There must be prejudice to another not necessary that offender

fraudulent act, or fraudulent means, that is, he was induced to

should obtain gain

part with his money or property because of the false pretense,

2.When in the prosecution for malversation the public officer is

fraudulent act, or fraudulent means.

acquitted, the private individual allegedly in conspiracy with him

4.That as a result thereof, the offended party suffered damage.

may be held liable for estafa

Notes:

9.Partners No estafa of money or property received for the

1.False pretenses or fraudulent acts executed prior to or

partnership when the business is commercial and profits accrued.

simultaneously with delivery of the thing by the complainant

BUT if property is received for specific purpose and is

2.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)
1.That the offender postdated a check, or issued a check in
payment of an obligation.
2.That such postdatig or issuing a check was done when the

ANY DOCUMENTS: (315)

1.That the offender induced the offended party to sign a
document.
2.That deceit be employed to make him sign the document.
3.That the offended party personally signed the document.
4.That prejudice be caused.

offender had no funds in the bank or his funds deposited therein

Note: If offended party willingly signed the document and there

were not sufficient to cover the amount of the check.

was deceit as to the character or contents of the document

Notes:

falsification; but where the accused made representation to

1.good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)

mislead the complainants as to the character of the documents

2.dishonor from lack of funds to prima facie evidence of deceit or

estafa

failure to make good within three days after notice of.

3.No funds in the bank or his funds are not sufficient
4.If check was issued in payment of pre-existing debt no estafa
5.Offender must be able to obtain something from the offended
party by means of the check he issues and delivers
6.If postdating a check issued as mere guarantee/promissory note
no estafa.

L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR

DESTROYING DOCUMENTS: (315)
1.That there be court records, office files, documents or any other
papers.
2.That the offender removed, concealed or destroyed any of them.

H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST

3.That the offender had intent to defraud another.

PARAGRAPH OF SECTION 1: BP 22

Note: No intent to defraud destroying or removal = malicious

1.That a person makes or draws and issues any check.

2.That the check is made or drawn and issued to apply on account
or for value.
3.That the person who makes or draws and issues the check
knows at the time of issue that he does not have sufficient funds in

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

or credit with the drawee bank for the payment of such check in

THE FF.:

full upon its presentment.

1.The offender party being deprived of his money or property, as a

result of the defraudation.

1.That the 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 drawee, without any
valid reason, ordered the bank to stop payment.

2.Disturbance in property right or

3.Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING,
SELLING, ENCUMBERING, OR MORTGAGING ANY REAL

Note: Failure to make good within 5 banking days prima facie

PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME:

evidence of knowledge of lack and insufficiency

(316)

I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND

1.That the thing be immovable, such as a parcel of land or a

PARAGRAPH OF SECTION 1: BP 22
1.That a person has sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check.
2.That he fails to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within

building.
2.That the offender who is not the owner of said property
represented that he is the owner thereof.
3.That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real property).
4.That the act be made to the prejudice of the owner or a third

a period of 90 days from the date appearing thereon.

1.That the check is dishonored by the drawee bank.

person.
ESTAFA

Note: Failure to make good within 5 banking days prima facie

evididence of knowledge of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS,
RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN

INFIDELITY IN THE CUSTODY OF

DOCUMENTS

Private individual was

Public officer entrusted

entrusted
Intent to defraud

No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF

REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH

VII. CHATTEL MORTGAGE

SUCH ENCUMBRANCE BE NOT RECORDED: (316)

A. ELEMENTS OF SELLING OR PLEDGING PERSONAL

1.that the thing disposed of be real property.

PROPERTY ALREADY PLEDGED: (319)

2.That the offender knew that the real property was encumbered,

1.That personal property is already pledged under the terms of the

whether the encumbrance is recorded or not.

chattel mortgage law.

3.That there must be express representation by the offender that

2.That the offender, who is the mortgagee of such property, sells

the real property is free from encumbrance.

or pledges the same or any part thereof.

4.That the act of disposing of the real property be made to the

3.That there is no consent of the mortgagee written on the back of

damage of another.

the mortgage and noted on the record thereof in the office of the

P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY

register of deeds.

TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL

B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED

POSSESSOR: (316)

PERSONAL PROPERTY: (319)

1.That the offender is the owner of personal property.

1.that personal property is mortgaged under the chattel mortage

2.That said personal property is in the lawful possession of

law.

another.

2.That the offender knows that such property is so mortaged.

3.That the offender wrongfully takes it from its lawful possessor.

3.That he removes such mortgaged personal to any province or

4.That prejudice is thereby caused to the possessor or third

city other than the one in which it was located at the time of the

person.

execution of the mortgage.

4.that the removal is permanent.
5.That there is no written consent of the mortgagee or his

Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING,

MORTGAGING OR ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER GUARANTEED
THE FULFILLMENT OF HIS OBLIGATION AS SURETY: (316)
1.That the offender is a surety in a bond given in a criminal or civil

executors, administration 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 Art 320)

action.

A.

2.That he guaranteed the fulfillment of such obligation with his

1.That an uninhabited hut, storehouse, barn, shed or any other

ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES

real property or properties.

property is burned

3.That he sells, mortgages, or, in any other manner encumbers

2.That the value of the property burned does not exceed 25 pesos

said real property.

3.That the burning was done at a time or under circumstances

4.That such sale, mortage or encumbrance is (a) without express

which clearly exclude all danger of the fire spreading

authority from the court, or (b) made before the cancellation of his

B.

bond, or (c) before being relieved from the obligation contracted

1.That the offender causes destruction of the property

by him.

2.That the destruction was done by means of:

ELEMENTS OF CRIME INVOLVING DESTRUCTION

1.explosion
R. ELEMENTS OF SWINDLING A MINOR: (317)

2.discharge of electric current

1.That the offender takes advantage of the inexperience or

3.inundation

emotions or feelings of a minor.

4.sinking or stranding of a vessel

2.That he induces such minor (a) ro assume an obligation, or (b) to

5.damaging the engine of the vessel

give release, or (c) to execute a transfer of any property right.

6.taking up rails from the railway track

3.That the consideration is (a) some loan of money (b) credit or (c)

7.destroying telegraph wires and posts or those of any other

other personal property.

system

4.That the transaction is to the detriment of such minor.

8.other similar effective means of destruction

S. ELEMENTS OF OTHER DECEITS: (318)

C.

1.not mentioned above;

TO COMMIT ARSON

2.interpretation of dreams, forecast, future-telling for profit or gain.

1.That the offender set fire to or destroyed his own property

ELEMENTS OF BURNING ONES PROPERTY AS A MEANS

2.That the purpose of the offender in doing so was to commit

railways (example: for transmission of electric power/light)

arson or to cause a great destruction

4.people killed as a result:

3.That the property belonging to another was burned or destroyed

5.circumstance qualifying the offense if the damage shall result in

D.

ELEMENTS OF ARSON

1.That the property burned is the exclusive property of the

any derailment of cars, collision or other accident a higher

penalty shall be imposed

offender

1.murder if derailment is means of intent to kill

2.That (a) the purpose of the offender is burning it is to defraud or

2.none art 48

cause damage to another or (b) prejudice is actually caused, or (c)

the thing burned is a building in an inhabited place
IX. MALICIOUS MISCHIEF

E. ELEMENTS OF DESTROYING OR DAMAGING STATUES,

PUBLIC MONUMENTS OR PAINTINGS: (331)
F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY: (332)

A. ELEMENTS OF MALICIOUS MISCHIEF: (326)

1.That the offender deliberately caused damage to the property of
another.
2.That such act does not constitute arson or other crimes involving
destruction.
3.That the act damaging anothers property be committed merely
for the sake of damaging it.
Notes:
1.Malicious mischief willful damaging of anothers property for
the sake of causing damage due to hate, revenge or other evil
motive
2.No negligence

Persons exempt from criminal liability:

1.Spouse, ascendants and descendants or relatives by affinity in
the same line
2.The widowed spouse with respect to the property w/c belonged
to the deceased spouse before the same passed into the
possession of another
3.Brothers and sisters and brothers-in-law and sisters-in-law, if
living together
Offenses involved in the exemption:
1.Theft
2.Swindling
3.Malicious mischief

3.Example. Killing the cow as revenge

Notes:

4.If no malice only civil liability

1.Exemption is based on family relations

5.Damage is also diminution in value

2.Parties to the crime not related to the offended party still

6.But after damaging the thing, he used it = theft

remains criminally liable

7.Damage is not incident of a crime (breaking windows in robbery)

3.Persons exempt include:

B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)

1.Obstruct performance of public functions.
2.Using poisonous or corrosive substances.
3.Spreading infection or contagious among cattle.
4.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)
1.Not included in 328
1.scattering human excrement
2.killing of cow as an act of revenge
D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF
COMMUNICATION: (330)
Notes:
1.done by damaging railways, telegraph, telephone lines, electric
wires, traction cables, signal system of railways
2.removing rails from tracks is destruction (art 324)
3.not applicable when telegraph/phone lines dont pertain to

1.stepfather/mother (ascendants by affinity)

2.adopted children (descendants)
3.concubine/paramour (spouse)
4.common law spouse (propert is part of their earnings)