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: 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 property taken does not belong to the accused except if crime is robbery with homicide 3. Taking of personal property must be unlawful; if given in trust estafa 4. s to robbery with violence or intimidation from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete 5. s to robbery with force upon things thing must be taken out of the building 6. !ntent to gain presumed from unlawful taking 7. Taking must not be under the claim of title or ownership 8. "hen there#s no intent to gain but there is violence in the taking grave coercion 9. $iolence or intimidation must be against the person of the offended party, not upon the thing 10. General rule: violence or intimidation must be present before the %taking& is complete 11. Exe!": when violence results in homicide, rape, intentional mutilation or any of the serious physical in'uries in par ( and ) of art )*+, the taking of the property is robbery complexed with any of these crimes under art ),-, even if taking is already complete when violence was used by the offender (). .se of force upon things entrance to the building by means described in arts ),, and +/) 0offender must enter1 (+. "hen both violence or intimidation and force upon things concur it is robbery with violence R#$$er% &'"( )'#lene Gra)e "(rea"* Gra)e #er'#n !ntent to gain No intent to gain None !mmediate harm !ntimidation; promises some future harm or in'ury !ntimidation 0effect1 is immediate and offended party is compelled to do something against his will 0w2n right or wrong1 R#$$er% Br'$er% 3 didn#t commit crime but is intimidated to deprive him of his property 3 has committed a crime and gives money as way to avoid arrest or prosecution 4eprived of 5hp thru force or intimidation 6iving of 5hp is in one sense voluntary Neither Transaction is voluntary and mutual 7x. defendant demands payment of 5).// with threats of arrest and prosecution, therefore,
robbery because 0a1 intent to gain and 0b1 immediate harm A. ELEMENTS OF ROBBERY +IT, -IOLEN.E AGAINST OR INTIMI/ATION OF 0ERSON: (291) cts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery, the following are committed8 1. homicide 2. robbery accompanied with rape or intentional mutilation, 95! insane, imbecile, impotent or blind 3. 95! lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in 4. $iolence2intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution 95!2deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for : ,/ days; : +/ days 5. ny kind of robbery with less serious physical in'uries or slight physical in'uries Notes: 1. special complex crimes 0specific penalties prescribed1 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. !f original design is not robbery but robbery was committed after homicide as an afterthought ) separate offenses. 9till robbery with homicide 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. 5rosecution of the crime need not be by offended party fiscal can sign the information. "hen rape and homicide co;exist, rape should be considered as aggravating only and the crime is still 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. <ualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions +, - and = of rt ),- is committed8 1. in an uninhabited place or 2. by a band or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering the passenger#s 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 ),- B. 23ALIFIE/ ROBBERY +IT, -IOLEN.E OR INTIMI/ATION (294) Notes: 1. >ust be alleged in the information 2. ?an#t be offset by generic mitigating 3. rt ),= will not apply to8 robbery w2 homicide, rape or 95! under par ( of art )*+ .. ROBBERY BY A $an5: (296) notes: 1. >ore than + armed malefactors 2. @iability for the acts of the other members of the band 3. ?onspiracy to commit robbery with homicide even if less than - armed men 4. ?onspiracy to commit robbery only but homicide was committed also on the occasion thereof all members of the band are liable for robbery with homicide 5. ?onspiracy is presumed when - or more armed persons committed robbery 6. .nless the others attempted to prevent the assault guilty of robbery by band only 1. he was a member of the band 2. he was present at the commission of a robbery by that band 3. other members of the band committed an assault 4. he did not attempt to prevent the assault /. ATTEM0TE/ OR FR3STRATE/ ROBBERY +IT, ,OMI.I/E: (297) Notes: 1. "hether robbery is attempted or frustrated, penalty is the same 2. "here offense committed is attempted or frustrated robbery with serious physical in'uries article -A is applicable E. ELEMENTS OF E8E.3TION OF /EE/S BY MEANS OF -IOLEN.E OR INTIMI/ATION: (299) 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, execute, or deliver any public instrument or document. 3. That the compulsion is by means of violence or intimidation.
F. ELEMENTS OF ROBBERY IN AN IN,ABITE/ ,O3SE OR 03BLI. B3IL/ING OR E/IFI.E /E-OTE/ TO +ORS,I0: (299) 1. That the offender entered 0a1 an inhabited house, or 0b1 public buildings, or 0c1 edifice devoted to religious worship. 2. That the entrance was effected by any of the following means8 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 authority. 5. That once inside the building, the offender took personal property belonging to another with intent to gain. Notes: 1. !ncludes dependencies 0stairways, hallways, etc.1 2. !nhabited house any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent dependencies, courts, corals, barns, etc. 3. NBT !N?@.474 BC?DC4, @N49 EBC ?.@T!$T!BN. 4. !mportant for robbery by use of force upon things, it is necessary that offender enters the building or where ob'ect may be found. NB 7NTCF, NB CBBB7CF 5. 7ntrance is necessary mere insertion of hand is not enough 0whole body1; not to get out but to enter therefore, evidence to such effect is necessary 6. P v. Lamahang intent to rob being present is necessary 7. 5lace8 house or building; not car 8. 5ublic building every building owned, rented or used by the government 0though owned by private persons1 though temporarily vacant 9. Not robbery passing through open door but getting out of a window (/. Butside door must be broken, smashed. Theft if lock is merely removed or door was merely pushed ((. Ealse keys genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock (). 5icklocks specially made, adopted for commission of robbery (+. Gey stolen not by force, otherwise, it#s robbery by violence and intimidation against persons (-. Ealse key used in opening house and not furniture inside, otherwise, theft 0for latter to be robbery., must be broken and not 'ust opened1 (=. 6en. Cule8 outside door. 7xception8 inside door in a separate dwelling (*. 7.g. pretending to be police to be able to enter 0not pretending after entrance1 G. ELEMENTS OF ROBBERY +IT, FOR.E 30ON S3B/I-ISION (B) OR ART. 299 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it 2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances. 1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or 2. by taking such furniture or ob'ects away to be broken or forced open outside the place of the robbery. Notes: 1. 7ntrance 0 no matter how done1 2. Bffender may be servants or guests 3. 4estruction of keyhole of cabinet is robbery here 4. "hen sealed box is taken out for the purpose of breaking it, no need to open already consummated robbery 5. 7stafa if box is in the custody of acc 6. Theft if box found outside and forced open ,. ROBBERY IN AN 3NIN,ABITE/ 0LA.E AN/ BY A BAN/: (300) I. +,AT IS AN 3NIN,ABITE/ ,O3SE: 03BLI. B3IL/ING OR B3IL/ING /E/I.ATE/ TO RELIGIO3S +ORS,I0 AN/ T,EIR /E0EN/EN.IES: (301) Notes: 1. dependencies are all interior courts, corrals, warehouses, granaries or enclosed places8 1. contiguous to the building 2. having an interior entrance connected therewith 3. which form part of the whole ). 6arage must have + re<uirements. 7xception8 orchards2lands ;. ELEMENTS OF ROBBERY IN AN 3NIN,ABITE/ 0LA.E OR IN A 0RI-ATE B3IL/ING: (302) 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2. that any of the following circumstances was present8 3. That with intent to gain the offender took therefrom personal property belonging to another. 1. That entrance was effected through an opening not intended for entrance or egress. 2. wall, roof, floor, or outside door or window was broken. 3. The entrance was effected through the use of false keys, picklocks or other similar tools. 4. door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or 5. closed or sealed receptacle was removed, even if the same be broken open elsewhere. N#"e*: 1. 9econd kind of robbery with force upon things 2. .ninhabited place is an uninhabited building 0habitable, not any of the + places mentioned1 3. 7x. warehouse, freight car, store. 7xception8 pigsty 4. 9ame manner as ),, except that was entered into was an uninhabited place or a building other than the + mentioned in ),,. 7xception8 does not include use of fictitious name or pretending the exercise of public authority 5. Breaking of padlock 0but not door1 is only theft 6. Ealse 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 <. ROBBERY OF .EREALS: FR3ITS OR FIRE +OO/ IN AN 3NIN,ABITE/ 0LA.E OR 0RI-ATE B3IL/ING: (303) L. ELEMENTS OF ILLEGAL 0OSSESSION OF 0I.<LO.<S OR SIMILAR TOOLS: (301) 1. That the offender has in his possession picklocks or similar tools. 2. That such picklocks or similar tools are specially adopted to the commission of robbery. 3. That the offender does not have lawful cause for such possession. Note: ctual use of the same is not necessary M. ELEMENTS OF FALSE <EYS: (304) 1. 5icklocks, etc. 2. 6enuine key stolen from owner. 3. ny key other than those intended by owner for use in the lock forcibly opened by the offender Notes: 1. 5ossession of false keys here not punishable 2. !f key was entrusted and used to steal, not robbery 0not stolen1 !!. BC!6N467 A. BRIGAN/AGE: (306) Brigands more than three armed persons forming a band 0ur!#*e: a. R#$$er% 'n ('=(&a% 1. b. Gidnapping for extortion or ransom. 1. ny other purpose to be obtained by means of force and violence. 0re*u>!"'#n #? Br'=an5a=e: 1. if members of lawless band and possession of unlicensed firearms 0any of them1 2. possession of any kind of arms 0not 'ust firearm1 BRIGAN/AGE ROBBERY IN BAN/ 5urposes are given Bnly to commit robbery, not necessarily in hi;way >ere formation of a band for the above purpose !f the purpose is to commit a part robbery
Necessary to prove that band actually committed robbery B. ELEMENTS OF AI/ING AN/ ABETTING A BAN/ OF BRIGAN/S: (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 acts8 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 3. De ac<uires or receives the property taken by such brigands. Notes: 1. 54 =+) brigandage. 9eiHure of any person for8 0a1 ransom; 0b1 extortion or other unlawful purpose; 0c1 taking away of property by violence or intimidation or force upon things or other unlawful means 2. ?ommitted by any person 3. Bn any 5hil hi;way !!!. TD7ET A. ELEMENTS OF T,EFT: (309) 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. 0er*#n* l'a$le: 1. Those who a1 with intent to gain b1 but without violence against or intimidation of persons not force upon things c1 take d1 personal property e1 of another f1 without the latter#s consent 1. Those who a1 having found lost property b1 fail to deliver the same to local authorities or its owner N#"e*: 1. Cetention of money2property found is theft. Cetention is failure to return 0intent to gain1 2. Gnowledge of owner is not re<uired, knowledge of loss is enough 3. Einder in law is liable 4. Those who a1 after having maliciously damaged the property of another b1 remove or make use of the fruits or ob'ect of the damage caused by them N#"e: Gilling of cattle of another which destroyed his property and getting meat for himself 1. Those who a1 enter an enclosed estate or a field where b1 trespass is forbidden or which belongs to another and, without the consent of its owner c1 hunts or fish upon the same or gather fruits, cereals or other forest or farm products N#"e*: 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 0though no opportunity to dispose1 i.e, the control test 2. P v. Dino applies only in theft of bulky goods 0meaning there has to be capacity to dispose of the things1. Btherwise, P v. Espiritu full possession is enough 3. 9ervant using car without permission deemed <ualified theft though use was temporary 4. Ceyes says8 there must be some character of permanency in depriving owner of the use of the ob'ect and making himself the owner, therefore must exclude %'oyride& 5. Theft8 if after custody 0only material possession1 of ob'ect was given to the accused, it is actually taken by him 0no intent to return1 e.g. felonious conversion. But it is estafa if 'uridical possession is transferred e.g., by contract of bailment 6. !ncludes electricity and gas 1. inspector misreads meter to earn 2. one using a 'umper 7. 9elling share of co;partner is not theft 8. 9alary must be delivered first to employee; prior to this, taking of 5hp is theft 9. !f offender claims property as his own 0in good faith1 not theft 0though later found to be untrue. !f in bad faith theft1 (/. 6ain is not 'ust 5hp satisfaction, use, pleasure desired, any benefit 0e.g. 'oyride1 ((. ctual gain is not necessary 0intent to gain necessary1 (). llege lack of consent in info is important B. ELEMENTS OF ,3NTING: FIS,ING OR GAT,ERING FR3ITS: ET.. IN EN.LOSE/ ESTATE (0AR. NO.3: ART. 309) 1. That there is an enclosed estate or a field where trespass is 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. Note8 Eish not in fishpond, otherwise, <ualified ..0ENALTIES FOR 23ALIFIE/ T,EFT@ (309) /. ELEMENTS OF 23ALIFIE/ T,EFT: (310) 1. ?ommitted by domestic servant, or 2. "ith grave abuse of confidence, or 3. 5roperty stolen is8 1. motor vehicle 2. mail matter 3. large cattle 4. coconut from plantation 5. fish from fishpond or fishery, or 6. Bn occasion of calamities and civil disturbance. Notes: 1. %grave abuse& high degree of confidence e.g. guests 2. no confidence, not <ualified theft 3. theft material possession# estafa 'uridical possession 4. <ualified8 if done by one who has access to place where stolen property is kept e.g., guards, tellers 5. novation theory applies only if there#s a relation 6. industrial partner is not liable for IT 0estafa1 7. when accused considered the deed of sale as sham 0modus1 and he had intent to gain, his absconding is IT 8. see carnapping law8 C *=+, 9. motor vehicle in kabit system sold to another;theft. >otor vehicle not used as 5. in kabit system but under G of lease; estafa 10. (/. mail matter private mail to be IT, Not postmaster rt. ))* ((. theft of large cattle E. ELEMENTS OF T,EFT OF 0RO0ERTY OF T,E NATIONAL LIBRARY AN/ NATIONAL M3SE3M: (311)
!$. .9.C5T!BN A. ELEMENTS OF O..30ATION OF REAL 0RO0ERTY OR 3S3R0ATION OF REAL RIG,TS IN 0RO0ERTY: (312) 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. 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. 4. That there is intent to gain. B. ELEMENTS OF ALTERING BO3N/ARIES OR LAN/MAR<S: (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.
-. .3L0ABLE INSOL-EN.Y A. ELEMENTS OF FRA3/3LENT INSOL-EN.Y: (311) 0culpable insolvency1 1. That the offender is a debtor; that is, he was obligations due and payable. 2. That he absconds with his property. 3. That there be pre'udice to his creditors.
$!. 9"!N4@!N6 N4 BTD7C 47?7!T9 A. ELEMENTS OF ESTAFA IN GENERAL: (314) 1. That the accused defrauded another 0a.1 by abuse of confidence, or 0b1 or means of deceit and 2. That damage or pre'udice capable of pecuniary estimation is caused to the offended party or third person B. ELEMENTS OF ESTAFA +IT, 3NFAIT,F3LNESS: (314) 1. That the offender has an onerous obligation to deliver something of value. 2. That he alters its substance, <uantity, or <uality. 3. That damage or pre'udice is caused to another. .. ELEMENTS OF ESTAFA +IT, AB3SE OF .ONFI/EN.E 3N/ER S3B/I-ISION NO.1 0AR. (B): OF ART.314 1. That money, goods, or other personal property be received by the 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. That there be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt. 3. that such misappropriation or conversion or dental is to the pre'udice of another and 4. That there is a demand made by the offended party to the offender. /. 2 N/ ELEMENT OF ESTAFA +IT, AB3SE OF .ONFI/EN.E 3N/ER 0ARAGRA0, (B): S3B/I-ISION N0.1: ART. 314 A 3 +AYS OF .OMMITTING: 1. By misappropriating the thing received. 2. By converting the thing received. 3. By denying that the thing was received. Notes: 1. .nfaithful or buse of ?onfidence a. by altering the substance b. existing obligation to deliver even if it is not a sub'ect of lawful commerce c. thing delivered has not been fully or partially paid for not estafa 3. no agreement as to <uality No estafa if delivery is unsatisfactory 1. By misappropriating and converting 1. thing is received by offender under transactions transferring 'uridical possession, not ownership 2. under 54 ((= 0Trust Ceceipts @aw1 failure to turn over to the bank the proceeds of the sale of the goods covered by TC 7stafa 3. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash estafa 4. 7stafa not affected by Novation of ?ontract 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 one#s own benefit g. Converting act of using or disposing of another#s property as if it was one#s own; thing has been devoted for a purpose or use different from that agreed upon 1. There must be pre'udice to another not necessary that offender should obtain gain 2. "hen in the prosecution for malversation the public officer is ac<uitted, the private individual allegedly in conspiracy with him may be held liable for estafa 9. 5artners No estafa of money or property received for the partnership when the business is commercial and profits accrued. B.T if property is received for specific purpose and is misappropriated estafaJ 10. Eailure to account after the 47>N4 is circumstantial evidence of misappropriation 11. 47>N4 is not a condition precedent to existence of estafa when misappropriation may be established by other proof 12. !n theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him otherwise, 7stafa 13. 9ervant, domestic or employee who misappropriates a thing he received from his master is NBT guilty of estafa but of <ualified theft E*"a?a &'"( A$u*e #? .#n?'5ene Mal)er*a"'#n Bffenders are entrusted with funds or property and are continuing offenses offenders are entrusted with funds or property and are continuing offenses Eunds8 always private Eunds8 public funds or property Bffender8 private individual, or public officer not accountable Bffender8 public officer accountable for public funds ?ommitted by misappropriating, converting, denying having received money ?ommitted by appropriating, taking, misappropriating E. ELEMENTS OF ESTAFA BY TA<ING 3N/3E A/-ANTAGE OF T,E SIGNAT3RE IN BLAN<: (314) 1. That the paper with the signature of the offended party be in blank. 2. That the offended party should have delivered it to offender. 3. That above the signature of the offended party a document is written by the offender without authority to do so. 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person. Note: !f the paper with signature in blank was stolen Ealsification 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 /E.EIT: (314) 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 must be made or executed prior to or simultaneously with the commission of the fraud. 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. 4. That as a result thereof, the offended party suffered damage. Notes: 1. Ealse pretenses or fraudulent acts executed prior to or simultaneously with delivery of the thing by the complainant 2. There must be evidence that the pretense of the accused that he possesses power2influence is false. G. ELEMENTS OF ESTAFA BY 0OST/ATING A .,E.< OR ISS3ING A .,E.< IN 0AYMENT OF AN OBLIGATION: (314) 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 offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Notes: 1. good faith is a defense. 0PP. VS. VILLAPANDO, =* 5D!@.+(1 2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. 3. No funds in the bank or his funds are not sufficient 4. !f check was issued in payment of pre; existing debt no estafa 5. Bffender must be able to obtain something from the offended party by means of the check he issues and delivers 6. !f postdating a check issued as mere guarantee2promissory note no estafa. ,. ELEMENTS OF OFFENSE /EFINE/ IN T,E FIRST 0ARAGRA0, OF SE.TION 1: B0 22 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 or credit with the drawee bank for the payment of such check in full upon its presentment. 1. That the check is subse<uently 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. Note8 Eailure to make good within = banking days prima facie evidence of knowledge of lack and insufficiency I. ELEMENTS OF T,E OFFENSE /EFINE/ IN T,E SE.ON/ 0ARAGRA0, OF SE.TION 1: B0 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 a period of ,/ days from the date appearing thereon. 1. That the check is dishonored by the drawee bank. Note: Eailure to make good within = banking days prima facie evididence of knowledge of lack and insufficiency ;. BY OBTAINING FOO/ OR .RE/IT AT ,OTELS: INNS: RESTA3RANTS ET.. <. ELEMENTS OF ESTAFA BY IN/3.ING ANOT,ER TO SIGN ANY /O.3MENTS: (314) 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 pre'udice be caused. Note: !f offended party willingly signed the document and there was deceit as to the character or contents of the document falsification; but where the accused made representation to mislead the complainants as to the character of the documents estafa L. ELEMENTS OF ESTAFA BY REMO-ING: .ON.EALING OR /ESTROYING /O.3MENTS: (314) 1. That there be court records, office files, documents or any other papers. 2. That the offender removed, concealed or destroyed any of them. 3. That the offender had intent to defraud another. Note8 No intent to defraud destroying or removal K malicious mischief M. /AMAGE OR 0RE;3/I.E .A0ABLE OF 0E.3NIARY ESTIMATION: (314) 0second element of any form of estafa1 T,E ELEMENTS OF /AMAGE OR 0RE;3/I.E MAY .ONSIST OF T,E FF.: 1. The offender party being deprived of his money or property, as a result of the defraudation. 2. 4isturbance in property right or 3. Temporary pre'udice. N. ELEMENTS OF S+IN/LING (0AR.1) BY .ON-EYING: SELLING: EN.3MBERING: OR MORTGAGING ANY REAL 0RO0ERTY: 0RETEN/ING TO BE T,E O+NER OF T,E SAME: (316) 1. That the thing be immovable, such as a parcel of land or a 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 0selling, leasing, encumbering or mortgaging the real property1. 4. That the act be made to the pre'udice of the owner or a third person. ESTAFA INFI/ELITY IN T,E .3STO/Y OF /O.3MENTS 5rivate individual was entrusted 5ublic officer entrusted !ntent to defraud No intent to defraud O. ELEMENTS OF S+IN/LING (0AR. 2) BY /IS0OSING OF REAL 0RO0ERTY AS FREE FROM EN.3MBRAN.E: ALT,O3G, S3., EN.3MBRAN.E BE NOT RE.OR/E/: (316) 1. that the thing disposed of be real property. 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance. 4. That the act of disposing of the real property be made to the damage of another. 0. ELEMENTS OF S+IN/LING (0AR.3) BY +RONGF3LLY TA<ING BY T,E O+NER ,IS 0ERSONAL FROM ITS LA+F3L 0OSSESSOR: (316) 1. That the offender is the owner of personal property. 2. That said personal property is in the lawful possession of another. 3. That the offender wrongfully takes it from its lawful possessor. 4. That pre'udice is thereby caused to the possessor or third person. 2. ELEMENTS OF S+IN/LING (0AR. 6) BY SELLING: MORTGAGING OR EN.3MBERING REAL 0RO0ERTY OR 0RO0ERTIES +IT, +,I., T,E OFFEN/ER G3ARANTEE/ T,E F3LFILLMENT OF ,IS OBLIGATION AS S3RETY: (316) 1. That the offender is a surety in a bond given in a criminal or civil action. 2. That he guaranteed the fulfillment of such obligation with his real property or properties. 3. That he sells, mortgages, or, in any other manner encumbers said real property. 4. That such sale, mortage or encumbrance is 0a1 without express authority from the court, or 0b1 made before the cancellation of his bond, or 0c1 before being relieved from the obligation contracted by him. R. ELEMENTS OF S+IN/LING A MINOR: (317) 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor. 2. That he induces such minor 0a1 ro assume an obligation, or 0b1 to give release, or 0c1 to execute a transfer of any property right. 3. That the consideration is 0a1 some loan of money 0b1 credit or 0c1 other personal property. 4. That the transaction is to the detriment of such minor. S. ELEMENTS OF OT,ER /E.EITS: (319) 1. not mentioned above; 2. interpretation of dreams, forecast, future; telling for profit or gain.
$!!. ?DTT7@ >BCT667 A. ELEMENTS OF SELLING OR 0LE/GING 0ERSONAL 0RO0ERTY ALREA/Y 0LE/GE/: (319) 1. That personal property is already pledged under the terms of the chattel mortgage law. 2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. 3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. B. ELEMENTS OF <NO+INGLY REMO-ING MORTGAGE/ 0ERSONAL 0RO0ERTY: (319) 1. that personal property is mortgaged under the chattel mortage law. 2. That the offender knows that such property is so mortaged. 3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. 4. that the removal is permanent. 5. That there is no written consent of the mortgagee or his executors, administration or assigns to such removal. $!!!. C9BN N4 BTD7C ?C!>79 !N$B@$!N6 479TC.?T!BN9 0Note8 54 (*(+ expressly repealed or amended rts +)/;+)*, but 54 (L-- revived rt +)/1 A. ELEMENTS OF ARSONS OF 0RO0ERTY OF SMALL -AL3ES 1. That an uninhabited hut, storehouse, barn, shed or any other property is burned 2. That the value of the property burned does not exceed )= pesos 3. That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading B. ELEMENTS OF .RIME IN-OL-ING /ESTR3.TION 1. That the offender causes destruction of the property 2. That the destruction was done by means of8 1. explosion 2. discharge of electric current 3. inundation 4. sinking or stranding of a vessel 5. damaging the engine of the vessel 6. taking up rails from the railway track 7. destroying telegraph wires and posts or those of any other system 8. other similar effective means of destruction .. ELEMENTS OF B3RNING ONEBS 0RO0ERTY AS A MEANS TO .OMMIT ARSON 1. That the offender set fire to or destroyed his own property 2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction 3. That the property belonging to another was burned or destroyed /. ELEMENTS OF ARSON 1. That the property burned is the exclusive property of the offender 2. That 0a1 the purpose of the offender is burning it is to defraud or cause damage to another or 0b1 pre'udice is actually caused, or 0c1 the thing burned is a building in an inhabited place
!3. >@!?!B.9 >!9?D!7E A. ELEMENTS OF MALI.IO3S MIS.,IEF: (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 another#s property be committed merely for the sake of damaging it. Notes: 1. >alicious mischief willful damaging of another#s property for the sake of causing damage due to hate, revenge or other evil motive 2. No negligence 3. 7xample. Gilling the cow as revenge 4. !f no malice only civil liability 5. 4amage is also diminution in value 6. But after damaging the thing, he used it K theft 7. 4amage is not incident of a crime 0breaking windows in robbery1 B. S0E.IAL .ASES OF MALI.IO3S MIS.,IEF: (329) 1. Bbstruct performance of public functions. 2. .sing poisonous or corrosive substances. 3. 9preading infection or contagious among cattle. 4. 4amage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public. Note8 Iualified malicious mischief no uprising or sedition 0M(1 .. ELEMENTS OF OT,ER MIS.,IEF: (329) 1. Not included in +)A 1. scattering human excrement 2. killing of cow as an act of revenge /. ELEMENTS OF /AMAGE AN/ OBSTI-ATION TO MEANS OF .OMM3NI.ATION: (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 0art +)-1 3. not applicable when telegraph2phone lines don#t pertain to railways 0example8 for transmission of electric power2light1 4. people killed as a result8 5. circumstance <ualifying the offense if the damage shall result in any derailment of cars, collision or other accident a higher penalty shall be imposed 1. murder if derailment is means of intent to kill 2. none art -A E. ELEMENTS OF /ESTROYING OR /AMAGING STAT3ES: 03BLI. MON3MENTS OR 0AINTINGS: (331) F. ELEMENTS OF E8EM0TION FROM .RIMINAL LIABILITY IN .RIMES AGAINST 0RO0ERTY: (332) 0er*#n* exe>!" ?r#> r'>'nal l'a$'l'"%: 1. 9pouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w2c 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 O??en*e* 'n)#l)e5 'n "(e exe>!"'#n: 1. Theft 2. 9windling 3. >alicious mischief N#"e*: 1. 7xemption is based on family relations 2. 5arties to the crime not related to the offended party still remains criminally liable 3. 5ersons exempt include8 1. stepfather2mother 0ascendants by affinity1 2. adopted children 0descendants1 3. concubine2paramour 0spouse1 4. common law spouse 0propert is part of their earnings1