TITLE EIGHT

I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1.

That a person is killed.

2.

That the deceased is killed by the accused.

3.

That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Notes:
1.

The relationship of the offender with the victim is the essential element of the felony

2.

Parents and children are not included in the term ascendants or descendants

3.

The other ascendant or descendant must be legitimate. On the other hand, the father, mother
or child may be legitimate or illegitimate

4.

The child should not be less than 3 days old. Otherwise, the offense is infanticide

5.

Relationship must be alleged

6.

A stranger who cooperates in committing parricide is liable for murder or homicide

7.

Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship

B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

Requisites:
1.

A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person

2.

He/she kills any or both of them or inflicts upon any or both of them any serious physical injury
in the act or immediately thereafter

3.

He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.

Notes:
1.

Article does not define or penalize a felony

2.

Not necessary that the parent be legitimate

3.

Article applies only when the daughter is single

4.

Surprise: means to come upon suddenly or unexpectedly

5.

Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with
another person. However, it is enough that circumstances reasonably show that the carnal act is
being committed or has been committed

6.

Sexual intercourse does not include preparatory acts

7.

Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form
parts of one continuous act

8.

The killing must be the direct by-product of the rage of the accused

9.

No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony

C. ELEMENTS OF MURDER: (248)

1.

That a person was killed.

2.

That the accused killed him.

3.

That the killing was attended by any of the following qualifying circumstances
1.

with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity

2.

in consideration of price, reward or promise

3.

by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,

derailment or assault upon a street car or locomotive, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or ruin

4.

on occasion of any of the calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public
calamity

5.

with evident premeditation

6.

with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse

4.

The killing is not parricide or infanticide.

Notes:
1.

The victim must be killed in order to consummate the offense. Otherwise, it would be
attempted or frustrated murder

2.

Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances

3.

Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only be considered as generic aggravating circumstances

4.

Treachery and premeditation are inherent in murder with the use of poison.

D. ELEMENTS OF HOMICIDE: (249)

1.

That a person was killed.

2.

That the accused killed him without any justifying circumstances.

3.

That the accused had the intention to kill, which is presumed.

4.

That the killing was not attended by any of the qualifying circumstances of murder, or by that
of parricide or infanticide.

Notes:
1.

Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide

2.

There is no crime of frustrated homicide through negligence

3.

When the wounds that caused death were inflicted by 2 different persons, even if they were
not in conspiracy, each one of them is guilty of homicide

4.

In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim

E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)

F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1.

That there be several persons.

2.

That they did not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally.

3.

That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.

4.

That someone was killed in the course of the affray.

5.

That it cannot be ascertained who actually killed the deceased.

6.

That the person or persons who inflicted serious physical injuries or who used violence can be
identified.

Notes:
1.

Tumultuous affray exists hen at least 4 persons take part in it

2.

When there are 2 identified groups of men who assaulted each other, there is no tumultuous
affray

3.

Persons liable are:

1.

person/s who inflicted serious physical injuries

2.

if it is not known who inflicted serious physical injuries on the deceased, all persons
who used violence upon the person of the victim.

G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)

1.

that there is a tumultuous affray as referred to in the preceding article.

2.

That a participant or some participants thereof suffer serious physical injuries or physical
injuries of a less serious nature only.

1.

that the person responsible therefor cannot be identified.

2.

That all those who appear to have used violence upon the person of the offended party are
known.

H.GIVING ASSISTANCE TO SUICIDE: (253)

Acts punishable:

1.

Assisting another to commit suicide, whether the suicide is consummated or not

2.

Lending his assistance to another to commit suicide to the extent of doing the killing himself.

Notes:

1.

A person who attempts to commit suicide is not criminally liable

2.

A pregnant woman who tried to commit suicide by means of poison but instead of dying, the
fetus in her womb was expelled, is not liable for abortion

3.

Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly

putting to death a person suffering from some incurable disease. In this case, the person does
not want to die. A doctor who resorts to euthanasia may be held liable for murder

4.

Penalty is mitigated if suicide is not successful.

I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)

1.

that the offender discharges a firearm against or at another person.

2.

That the offender has no intention to kill that person.

Notes:

1.

The offender must shoot at another with any firearm without intention of killing him. If the
firearm is not discharged at a person, the act is not punished under this article

2.

A discharge towards the house of the victim is not discharge of firearm. On the other hand,
firing a gun against the house of the offended party at random, not knowing in what part of the
house the people were, it is only alarm under art 155.

3.

Usually, the purpose of the offender is only to intimidate or frighten the offended party

4.

Intent to kill is negated by the fact that the distance between the victim and the offender is
200 yards

5.

A person can be held liable for discharge even if the gun was not pointed at the offended party
when it fired for as long as it was initially aimed at or against the offended party.

J. ELEMENTS OF INFANTICIDE: (255)

1.

That a child was killed.

2.

That the deceased child was less than three days (72 hours) of age.

3.

That the accused killed the said child.

Notes:
1.

When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In
either case, the proper qualification for the offense is infanticide

2.

When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating

3.

The delinquent mother who claims that she committed the offense to conceal the dishonor
must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty
because she has no honor to conceal

4.

There is no infanticide when the child was born dead, or although born alive it could not
sustain an independent life when it was killed.

K. ELEMENTS OF INTENTIONAL ABORTION: (256)

1.

That there is a pregnant woman.

2.

That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman.

3.

That as a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom.

4.

That the abortion is intended.

L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)

1.

That there is a pregnant woman.

2.

That violence is used upon such pregnant woman without intending an abortion.

3.

That the violence is intentionally exerted.

4.

That as a result of the violence that fetus dies, either in the womb or after having been
expelled therefrom.

Notes:
1.

Unintentional abortion can also be committed through negligence

1.

The accused can only be held liable if he knew that the woman was pregnant

2.

If there is no intention to cause abortion and neither was violence exerted, arts 256
and 257 does not apply.

M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)

1.

That there is a pregnant woman who has suffered an abortion.

2.

That the abortion is intended.

3.

That the abortion is caused by

1.

the pregnant woman herself

2.

any other person, with her consent, or

3.

any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:
1.

Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However,
there is no litigation for the parents of the pregnant women even if their purpose is to conceal
their daughters dishonor

2.

In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of
their daughter. This is not so for art 258

N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES:

(259)
1.

That there is a pregnant woman who has suffered an abortion.

2.

That the abortion is intended.

3.

That the offender, who must be a physician or midwife, causes or assists in causing the
abortion.

4.

That said physician or midwife takes advantage of his or her scientific knowledge or skill.

Notes:
1.

It is not necessary that the pharmacist knew that the abortive would be used to cause abortion.
What is punished is the act of dispensing an abortive without the proper prescription. It is not
necessary that the abortive be actually used

2.

If the pharmacist knew that the abortive would be used to cause abortion and abortion results,
he is liable as an accomplice

O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)

Acts punished:
1.

Killing ones adversary in a duel

2.

Inflicting upon the adversary serious physical injuries

3.

Making a combat although no physical injuries have been inflicted

Persons liable:
1.

Principals person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other cases

2.

Accomplices as seconds

Notes:
1.

Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2
or more seconds of lawful age on each side, who make the selection of arms and fix all the other
conditions of the fight

2.

If death results, the penalty is the same as that for homicide

P. CHALLENGING TO A DUEL: (261)

Acts punishable:
1.

Challenging another to a duel

2.

Inciting another to give or accept a challenge to a duel

3.

Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

Persons liable:
1.

Challenger

2.
Instigators
II. PHYSICAL INJURIES
1.

A. MUTILATION: (262)

Kinds of Mutilation
1.

Intentionally mutilating another by depriving him, totally or partially, of some essential organ
for reproduction

2.

Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the
offended party, other than the essential organ for reproduction, to deprive him of that part of
the body

Elements:
1.

There be a castration i.e. mutilation of organs necessary for generation

2.

Mutilation is caused purposely and deliberately

Notes:
1.

In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind

2.

Mayhem: refers to any other intentional mutilation

1.

B. SERIOUS PHYSICAL INJURIES: (263)

How Committed
1.

Wounding

2.

Beating

3.

Assaulting

4.

Administering injurious substances

What are serious physical injuries:

1.

Injured person becomes insane, imbecile, impotent or blind

2.

Injured person
1.

loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot,
arm or leg

2.

loses the use of any such member

3.
3.

becomes incapacitated for the work in which he had been habitually engaged

Injured person
1.

becomes deformed

2.

loses any other member of his body

3.

loses the use thereof

4.

becomes ill or incapacitated for the performance of the work in which he had been
habitually engaged in for more than 90 days
1.

Injured person becomes ill or incapacitated for labor for more than 30 days
(but not more than 90 days)

Notes:
1.

Serious physical injuries may be committed through reckless imprudence or simple imprudence

2.

There must be no intent to kill

3.

Impotent should include inability to copulate and sterility

4.

Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated

5.

Loss of power to hear must involve both ears. Otherwise, it will be considered as serious
physical injuries under par 3

6.

Loss of use of hand or incapacity of usual work in par 2 must be permanent

7.

Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other
member which is not a principal part of the body. In this respect, a front tooth is considered as a
member of the body, other than a principal member

8.

Deformity: means physical ugliness, permanent and definite abnormality. Not curable by
natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually
covered by a dress, it would not be conspicuous and visible

9.

The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth
which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of
the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one
of his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of
the body
14. If the injury would require medical attendance for more than 30 days, the illness of the offended
party may be considered as lasting more than 30 days. The fact that there was medical attendance for
that period of time shows that the injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work:
includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or
incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will
only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less effectively
than before
19. Serious physical injuries is qualified when the crime is committed against the same persons
enumerated in the article on parricide or when it is attended by any of the circumstances defining the
crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is
not qualified serious physical injuries

1.

C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)

1.

That the offender inflicted upon another person any serious physical injury

2.

That it was done knowingly administering to him any injurious substances or beverages
or by taking advantage of his weakness of mind of credulity

3.

He had no intent to kill

Notes:
1.

It is frustrated murder when there is intent to kill

2.

Administering means introducing into the body the substance, thus throwing of the acid in the
face is not contemplated.

1.

D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)

1.

That the offended party is incapacitated for labor for 10 days or more (but not more
than 30 days), or needs medical attendance for the same period of time

2.

That the physical injuries must not be those described in the preceding articles

Notes:
1.

Circumstances qualifying the offense:

1.

when there is manifest intent to insult or offend the injured person

2.

when there are circumstances adding ignominy to the offense

3.

when the victim is either the offenders parents, ascendants, guardians, curators or
teachers

4.

when the victim is a person of rank or person in authority, provided the crime is not
direct assault

5.

It falls under this article even if there was no incapacity but the medical treatment was
for 13 days

1.

E. SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:

1.

That which incapacitated the offended party for labor from 1-9 days or required medical
attendance during the same period

2.

That which did not prevent the offended party from engaging in his habitual work or which did
not require medical attendance (ex. Black-eye)

3.

Ill-treatment of another by deed without causing any injury (ex. slapping but without causing
dishonor)

1.

F.

RAPE (ART 355)

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Personsincorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1.

By a man who have carnal knowledge of a woman under any of the following circumstances:
1.

through force, threat or intimidation

2.

when the offended party is deprived of reason or otherwise unconscious

3.

by means of fraudulent machination or grave abuse of authority

4.

when the offended party is under 12 years of age or is demented, even though none of
the circumstances mentioned above be present

5.

By any person who, under any of the circumstances mentioned in par 1 hereof, shall
commit an ac of sexual assault by inserting
1.

his penis into another persons mouth or anal orifice, or

2.

any instrument or object, into the genital or anal orifice of another person

Rape committed under par 1 is punishable by:

1.

reclusion perpetua

2.

reclusion perpetuato DEATH when

1.

victim became insane by reason or on the occasion of rape

2.

b.

the rape is attempted and a homicide is committed by reason or on the occasion

thereof
3.

DEATH when
1.

homicide is committed

2.

victim under 18 years and offender is:

3.

1.

parent

2.

ascendant

3.

step-parent

4.

guardian

5.

relative by consanguinity or affinity with the 3rd civil degree or

6.

common law spouse of parent of victim

c.

under the custody of the police or military authorities or any law enforcement or

penal institution
4.

committed in full view of the spouse, parent or any of the children or other relatives
within the 3rd degree of consanguinity

5.

victim is a religious engaged in legitimate religious vocation or calling and is

personally known to be such by the offender before or at the time of the commission of
the crime

6.

a child below 7 years old

7.

g.

offender knows he is afflicted with HIV or AIDS or any other sexually transmissible

disease and the virus is transmitted to the victim

8.

h.

offender; member of the AFP, or para-military units thereof, or the PNP, or any

law enforcement agency or penal institution, when the offender took advantage of his
position to facilitate the commission of the crime
9.

victim suffered permanent physical mutilation or disability

10.

j.

the offender knew of the pregnancy of the offended party at the time of the

commission of the crime; and

11.

k.

when the offender knew of the mental disability, emotional disorder and/or

physical handicap or the offended party at the time of the commission of the crime
Rape committed under par 2 is punishable by:
1.

1.

prision mayor

2.

2.

prision mayor to reclusion temporal

1.

use of deadly weapon or

2.

by two or more persons

3.

reclusion temporal when the victim has become insane

4.

reclusion temporal to reclusion pepetua rape is attempted and homicide is committed

5.

reclusion perpetua homicide is committed by reason or on occasion of rape

6.

reclusion temporal committed with any of the 10 aggravating circumstances mentioned above

Notes:
1.

The underscored words are the amendments provided by RA 8353

2.

Dividing age in rape:

1.

less than 7 yrs old, mandatory death

2.

less than 12 yrs old, statutory rape

3.

less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death
TITLE NINE
I.

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

A. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)

1.
1.

Offender is a private individual

2.

He kidnaps or detains another, or in any other manner deprives the latter of his liberty

3.

The act of detention or kidnapping must be illegal

4.

That in the commission of the offense, any of the following circumstances are present
(becomes serious)
1.

that the he kidnapping/detention lasts for more than 3 days

2.

that it is committed simulating public authority

3.

that any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made, or

4.

that the person kidnapped or detained is a minor (except if parent is the

offender), female or a public officer

Note: When death penalty is imposed:

1.

if kidnapping is committed for the purpose of extorting ransom either from the victim or from
any other person even if none of the aforementioned are present in the commission of the
offense (even if none of the circumstances are present)

2.

when the victim is killed or dies as a consequence of the detention or is raped or is subjected
to torture or dehumanizing acts

B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)

1.
1.

Offender is a private person

2.

He kidnaps or detains another or in any other maner deprives him pof his liberty /
furnished place for the perpetuation of the crime

3.

That the act of detention or kidnapping must be illegal

4.

That the crime is committed without the attendant of any of the circumstances
enumerated in Art 267

Note: Privileged mitigating circumstances:

If the offender:
1.

voluntarily releases the person so kidnapped or detained within 3 days from the
commencement of the detention

2.

without having attained the purpose intended and

3.

before the institution of criminal proceedings against him

C. ELEMENTS OF UNLAWFUL ARREST: (269)

1.

That the offender arrests or detains another person

2.

That the purpose of the offender is to deliver him to the proper authorities
1.

That the arrest or detention is not authorized by law or there is no reasonable ground
therefor

Notes:
1.

Offender is any person, so either a public officer or private individual

2.

Refers to warrantless arrests

3.

In art 125, the detention is for some legal ground while here, the detention is not authorized
by law

4.

In art 125, the crime pertains to failure to deliver the person to the proper judicial authority
within the prescribed period while here, the arrest is not authorized by law

D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)

1.
1.

That the offender is entrusted with the custody of a minor person (whether over or
under 7 but less than 18 yrs old)

2.

That he deliberately fails to restore the said minor to his parents

E.

ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)

1.
1.

That the minor (whether over or under 7) is living in the home of his parents or
guardians or the person entrusted with his custody

2.

That the offender induces a minor to abandon such home

Notes:
1.

Inducement must be actual, committed with criminal intent and determined by a will to cause
damage

2.

Minor should not leave his home of his own free will

3.

Mitigating if by father or mother

F. ELEMENTS OF SLAVERY: (272)

1.

That the offender purchases. Sells, kidnaps or detains a human being.

2.

That the purpose of the offender is to enslave such human being.

Note: Qualifying circumstance if the purpose of the offender is to assign the offended party to some
immoral traffic (prostitution), the penalty is higher
G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
1.

That the offender retains a minor in his service.

2.

That it is against the will of the minor.

3.

That it is under the pretext of reimbursing himself of a debt incurred by an ascendant,

guardian or person entrusted with the custody of such minor.

H. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)

1.

That the offender compels a debtor to work for him, either as household servant or farm
laborer.

2.

That it is against the debtors will.

3.

That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

A. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM: (275)
Acts punishable:
1.

By failing to render assistance to any person whom the offender finds in an inhabited place
wounded or in danger of dying, when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious offense

Elements:
1.

That place is not inhabited.

2.

The accused found there a person wounded or in danger of dying.

3.

The accused can render assistance without detriment to himself.

1.

The accused fails to render assistance.

1.

By failing to help or render assistance to another whom the offender has accidentally wounded
or injured

2.

By failing to deliver a child, under 7 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place.

B. ELEMENTS OF ABANDONING A MINOR: (276)

1.

That the offender has the custody of a child.

2.

That the child is under seven years of age.

3.

That he abandons such child.

4.

That he has no intent to kill the child when the latter is abandoned.

Notes:
1.

Conscious, deliberate, permanent, unless punishable by a more serious offense

2.

Qualifying circumstances:
1.

when the death of the minor resulted from such abandonment

2.

if the life of the minor was in danger because of the abandonment

C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY;

INDIFFERENCE OF PARENTS: (277)
Acts punished:
1.

By delivering a minor to a public institution or other persons w/o consent of the one who
entrusted such minor to the care of the offender or, in the absence of that one, without the
consent of the proper authorities

Elements:
1.

That the offender has charged of the rearing or education of a minor.

2.

That he delivers said minor to a public institution or other persons.

3.

That the one who entrusted such child to the offender has not consented to such act, or if the
one who entrusted such child to the offender is absent; the proper authorities have not
consented to it.

4.

By neglecting his (offenders) children by not giving them education which their station in life
requires and financial condition permits

Elements:
1.

That the offender is a parent.

2.

That he neglects his children by not giving them education.

3.

That his station in life requires such education and his financial condition permits it.

D. ELEMENTS OF EXPLOITATION OF MINORS: (278)

Acts punished:
1.

By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical
strength or contortion, the offender being any person

2.

By employing children under 16 who are not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling

3.

By employing any descendant under 12 in dangerous exhibitions enumerated in the next

preceding paragraph, the offender being engaged in any of said callings

4.

By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the care of such child

5.

By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany
any habitual vagrant or beggar, the offender being any person

Note: Qualifying Circumstance if the delivery of the child to any person following any of the callings
of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of
beggar is made in consideration of any price, compensation or promise, the penalty is higher.
E. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

F. ELEMENTS OF TRESPASS TO DWELLING: (280)

1.

That the offender is a private person.

2.

That he enters the dwelling of another.

3.

That such entrance is against the latters will.

Notes:
1.

Qualifying circumstance: if the offense is committed by means of violence or intimidation, the

penalty is higher

2.

There must be an opposition to the entry of the accused

3.

Implied prohibition is present considering the situation late at night and everyones asleep or
entrance was made through the window

4.

Prohibition is not necessary when violence or intimidation is employed by the offender

5.

When there is no overt act of the crime intended to be committed, this is the crime

6.

May be committed even by the owner (as against the actual occupant)

7.

Not applicable to:

1.

entrance is for the purpose of preventing harm to himself, the occupants or a third person

2.

purpose is to render some service to humanity or justice

3.

place is a caf, tavern etc while open

8. Medina case: when the accused entered the dwelling through the window, he had no intent to kill
any person inside, but the intention to kill came to his mind when he was being arrested by the
occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated
homicide
G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1.

That the offender enters the closed premises or the fenced estate of another.

2.

That the entrance is made while either of them is uninhabited.

3.

That the prohibition to enter be manifest.

4.

That the trespasser has not secured the permission of the owner or the caretaker thereof.

H. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)

Acts punishable:

1.

By threatening another with the infliction upon his person, honor or property that of his family
of any wrong amounting to a crime and demanding money or imposing any other condition, even
though not unlawful and the offender (Note: threat is with condition)

Elements:
1.

That the offender threatens another person with the infliction upon the latters person, honor
or property, or upon that of the latters family, of any wrong.

2.

That such wrong amounts to a crime.

3.

That there is a demand for money or that any other condition is imposed, even though not
unlawful.

4.

That the offender attains his purpose.

5.

By making such threat without the offender attaining his purpose

6.

By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition (Note:
threat is without condition)

Elements:
1.

That the offender threatens another person with the infliction upon the latters person, honor
or property, or upon that of the latters family, of any wrong.

2.

That such wrong amounts to a crime.

3.

That the threat is not subject to a condition

Notes:
1.

Aggravating circumstances: if made in writing or thru a middleman

2.

Frustrated if not received by the person being threatened

3.

Art 284 bond from good behavior may be imposed (only in these offenses)

I. ELEMENTS OF LIGHT THREATS: (283)

1.

That the offender makes a threat to commit a wrong.

2.

That the wrong does not constitute a crime.

3.

That there is a demand for money or that other condition is imposed, even though not unlawful

4.

That the offender has attained his purpose or, that he has not attained his purpose

Art 284 bond from good behavior may be imposed Notes:

1.

(only in these offenses)

2.

The wrong does not amount to a crime

J. BOND FOR GOOD BEHAVIOR: (284)

K. ELEMENTS OF OTHER LIGHT THREATS: (285)
1.

Person shall threaten another with a weapon, or draw weapon in a quarrel unless in selfdefense.

2.

In the heat of anger, person orally threatens another with some harm constituting a crime,
without persisting in the idea involved in the threat. Subsequent acts did not persist.

3.

Person orally threatens another with harm not constituting a felony.

L. ELEMENTS OF GRAVE COERCIONS: (286)

1.

That a person prevented another from doing something OR not to do something against his will,
be it right or wrong;

2.

That the prevention or compulsion be effected by violence, of force as would produce

intimidation and control the will.

3.

That the person that restrained the will and liberty by another had not the authority of law or
the right to do so, or, in other words, that the restraint shall not be made under authority of law
or in the exercise of any lawful right.

M. ELEMENTS OF LIGHT COERCIONS: (287)

1.

That the offender must be a creditor.

2.

That he seizes anything belonging to his debtor.

3.

That the seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation;

4.

That the purpose of the offender is to apply the same to the payment of the debt.

N. ELEMENTS OF OTHER SIMILAR COERCIONS: (288)

ELEMENTS OF NO. 1
1.

That the offender is any person, agent or officer of any association or corporation.

2.

That he or such firm or corporation has employed laborers or employees.

3.

That he forces or compels, directly or indirectly, or knowingly permits to be forced or

compelled, any of his or its laborers or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.

ELEMENTS OF NO. 2
1.

That the offender pays the wages due a laborer or employee employed by him by means of
tokens or objects.

2.

That those tokens or objects are other than the legal tender currency to the Philippines.

3.

That such employee or laborer does not expressly request that he be paid by means of tokens
or objects.

O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR

LABOR THROUGH VIOLENCE OR THREATS: (289)
1.

That the offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work

2.

That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employees.

III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)
1.

That the offender is a private individual or even a public officer not in the exercise of his
official function,

2.

That he seizes the papers or letters of another.

3.

That the purpose is to discover the secrets of such another person.

4.

That offender is informed of the contents or the papers or letters seized.

Notes:

1.

Not applicable to parents with respect to minor children

2.

Contents need not be secret but purpose prevails

3.

Circumstances qualifying the offense: when the offender reveals contents of such papers or
letters of another to a 3rd person, the penalty is higher

B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)

1.

That the offender is a manager, employee or servant.

2.

That he learns the secrets of his principal or master in such capacity.

3.

That he reveals such secrets.

C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)

1.

That the offender is a person in charge, employee or workman of a manufacturing or industrial

establishment.

2.

That the manufacturing or industrial establishment has a secret of the industry which the
offender has learned.

3.

That the offender reveals such secrets.

4.

That the prejudice is caused to the owner.

TITLE TEN
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:
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.

As 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.

As to robbery with force upon things thing must be taken out of the building

6.

Intent to gain presumed from unlawful taking

7.

Taking must not be under the claim of title or ownership

8.

When theres no intent to gain but there is violence in the taking grave coercion

9.

Violence 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. 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
12. Use of force upon things entrance to the building by means described in arts 299 and 302
(offender must enter)
13. When both violence or intimidation and force upon things concur it is robbery with violence
Robbery with
violence

Grave threats

Grave coercion

Intent to gain

No intent to gain

None

Immediate
harm

Intimidation; promises
some future harm or
injury

Intimidation (effect) is immediate and

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

Robbery

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
A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)
Acts punished as robbery with violence against or intimidation of persons
By reason or on occasion of the robbery, the following are committed:
1.

homicide

2.

robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or
blind

3.

SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in

4.

Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or
when in the cause of its execution SPI/deformity, 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 > 90 days;
> 30 days
5.

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

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 design is not robbery but robbery was committed after homicide as an
afterthought 2 separate offenses. Still 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. Prosecution of the
crime need not be by offended party fiscal can sign the information. When rape and
homicide co-exist, rape should be considered as aggravating only and the 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.

qualifying circumstances in robbery with violence or intimidation of persons, if any of

the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
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 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

B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)

Notes:
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.

More than 3 armed malefactors

2.

Liability for the acts of the other members of the band

3.

Conspiracy to commit robbery with homicide even if less than 4 armed men

4.

Conspiracy 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.

Conspiracy is presumed when 4 or more armed persons committed robbery

6.

Unless 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

D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)

Notes:
1.

Whether robbery is attempted or frustrated, penalty is the same

2.

Where offense committed is attempted or frustrated robbery with serious physical injuries
article 48 is applicable

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298)

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 INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO

WORSHIP: (299)
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 authority.

5.

That once inside the building, the offender took personal property belonging to another
with intent to gain.

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.

3.

NOT INCLUDED ORCHARD, LANDS FOR CULTIVATION.

4.

Important for robbery by use of force upon things, it is necessary that offender enters the
building or where object may be found. NO ENTRY, NO ROBBERY

5.

Entrance is necessary mere insertion of hand is not enough (whole body); not to get out but
to enter therefore, evidence to such effect is necessary

6.

P v. Lamahang intent to rob being present is necessary

7.

Place: house or building; not car

8.

Public building every building owned, rented or used by the government (though owned by
private persons) though temporarily vacant

9.

Not robbery passing through open door but getting out of a window

10. Outside door must be broken, smashed. Theft if lock is merely removed or door was merely
pushed
11. False keys genuine keys stolen from the owner or any keys other than those intended by the
owner for use in the lock
12. Picklocks specially made, adopted for commission of robbery
13. Key stolen not by force, otherwise, its robbery by violence and intimidation against persons
14. False key used in opening house and not furniture inside, otherwise, theft (for latter to be
robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (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 objects away to be broken or forced open outside the place
of the robbery.

Notes:
1.

Entrance ( no matter how done)

2.

Offender may be servants or guests

3.

Destruction of keyhole of cabinet is robbery here

4.

When sealed box is taken out for the purpose of breaking it, no need to open already
consummated robbery

5.

Estafa if box is in the custody of acc

6.

Theft if box found outside and forced open

H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)

I.

WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS

WORSHIP AND THEIR DEPENDENCIES: (301)

Notes:
1.

dependencies are all interior courts, corrals, warehouses, granaries or enclosed places:

1.

contiguous to the building

2.

having an interior entrance connected therewith

3.

which form part of the whole

2. Garage must have 3 requirements. Exception: orchards/lands

J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302)
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 present:

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.

A 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.

A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or

5.

A closed or sealed receptacle was removed, even if the same be broken open elsewhere.

Notes:
1.

Second kind of robbery with force upon things

2.

Uninhabited place is an uninhabited building (habitable, not any of the 3 places mentioned)

3.

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

4.

Same manner as 299 except that was entered into was an uninhabited place or a building other
than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending
the exercise of public authority

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

K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING:

(303)
L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304)
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: Actual use of the same is not necessary

M. ELEMENTS OF FALSE KEYS: (305)
1.

Picklocks, etc.

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)

II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands more than three armed persons forming a band
Purpose:
a. Robbery in highway
1.

b. Kidnapping for extortion or ransom.

1.

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

Presumption of Brigandage:
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

Purposes are given

Only to commit robbery, not necessarily in hi-way

Mere formation of a band for

the above purpose

If the purpose is to commit a part robbery

Necessary to prove that band actually committed robbery

B. ELEMENTS OF AIDING AND ABETTING A BAND OF 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

3.

He acquires or receives the property taken by such brigands.

Notes:
1.

PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful
purpose; (c) taking away of property by violence or intimidation or force upon things or other
unlawful means

2.

Committed by any person

3.

On any Phil hi-way

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.

Persons liable:
1.

Those who

a)

with intent to gain

b)

but without violence against or intimidation of persons not force upon things

c)

take

d)

personal property

e)

of another

f)

without the latters consent

1.

Those who

a)

having found lost property

b)

fail to deliver the same to local authorities or its owner

Notes:
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

3.

Finder in law is liable

4.

Those who

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

a)

enter an enclosed estate or a field where

b)

trespass is forbidden or which belongs to another and, without the consent of its owner

c)

hunts or fish upon the same or gather fruits, cereals or other forest or farm products

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

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 given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
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

8.

Salary must be delivered first to employee; prior to this, taking of Php is theft

9.

If offender claims property as his own (in good faith) not theft (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)
12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE

(PAR. NO.3, ART. 308)
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.

Note: Fish not in fishpond, otherwise, qualified

C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)
1.

Committed by domestic servant, or

2.

With grave abuse of confidence, or

3.

Property stolen is:

1.

motor vehicle

2.

mail matter

3.

large cattle

4.

coconut from plantation

5.

fish from fishpond or fishery, or

6.

On occasion of calamities and civil disturbance.

Notes:
1.

grave abuse high degree of confidence e.g. guests

2.

no confidence, not qualified theft

3.

theft material possession estafa juridical possession

4.

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

9.

motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit
system but under K of lease-estafa

10. 10. mail matter private mail to be QT, Not postmaster Art. 226
11. theft of large cattle
E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311)

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

V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
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 prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1.

That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and

2.

That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person

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.

C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B),
OF ART.315
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 prejudice of another and

4.

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

D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION N0.1,
ART. 315 = 3 WAYS OF COMMITTING:
1.

By misappropriating the thing received.

2.

By converting the thing received.

3.

By denying that the thing was received.

Notes:
1.

Unfaithful or Abuse of Confidence

a. by altering the substance

b. existing obligation to deliver even if it is not a subject of lawful commerce
c. thing delivered has not been fully or partially paid for not estafa
3.

no agreement as to quality No estafa if delivery is unsatisfactory

1.

By misappropriating and converting

1.

thing is received by offender under transactions transferring juridical possession, not ownership

2.

under PD 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale of
the goods covered by TR Estafa

3.

same thing received must be returned otherwise estafa; sale on 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

g. Converting act of using or disposing of anothers property as if it was ones own; thing has been
devoted for a purpose or use different from that agreed upon
1.

There must be prejudice to another not necessary that offender should obtain gain

2.

When in the prosecution for malversation the public officer is acquitted, the private individual
allegedly in conspiracy with him may be held liable for estafa

9.

Partners No estafa of money or property received for the partnership when the business is
commercial and profits accrued. BUT if property is received for specific purpose and is
misappropriated estafa!

10. Failure to account after the DEMAND is circumstantial evidence of misappropriation

11. DEMAND is not a condition precedent to existence of estafa when misappropriation may be
established by other proof
12. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of
the ting to him otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT
guilty of estafa but of qualified theft
Estafa with Abuse of Confidence

Malversation

Offenders are entrusted with funds or

property and are continuing offenses

offenders are entrusted with funds or

property and are continuing offenses

Funds: always private

Funds: public funds or property

Offender: private individual, or public officer

not accountable

Offender: public officer accountable for

public funds
Committed by appropriating, taking,

Committed by misappropriating, converting,

denying having received money

misappropriating

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 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: 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 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.

False 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 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 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. (PP. VS. VILLAPANDO, 56 PHIL.31)

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.

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.

H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 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 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.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and
insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND 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

a period of 90 days from the date appearing thereon.

1.

That the check is dishonored by the drawee bank.

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 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.

Note: If offended party willingly signed the document and there was deceit as to the character or
contents of the document falsification; but where the accused made representation to mislead the
complainants as to the character of the documents 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.

3.

That the offender had intent to defraud another.

Note: No intent to defraud destroying or removal = malicious mischief

M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form
of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1.

The offender party being deprived of his money or property, as a result of the defraudation.

2.

Disturbance in property right or

3.

Temporary prejudice.

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

REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE 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 (selling, leasing, encumbering or
mortgaging the real property).

4.

That the act be made to the prejudice of the owner or a third person.
ESTAFA

INFIDELITY IN THE CUSTODY OF DOCUMENTS

Private individual was entrusted

Public officer entrusted

Intent to defraud

No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM

ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (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.

P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM
ITS LAWFUL POSSESSOR: (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 prejudice is thereby caused to the possessor or third person.

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 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 (a) without express authority from the court, or (b)
made before the cancellation of his bond, or (c) before being relieved from the obligation
contracted by him.

R. ELEMENTS OF SWINDLING 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 (a) ro assume an obligation, or (b) to give release, or (c) to execute
a transfer of any property right.

3.

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

4.

That the transaction is to the detriment of such minor.

S. ELEMENTS OF OTHER DECEITS: (318)

1.

not mentioned above;

2.

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

VII. CHATTEL MORTGAGE

A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (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 KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (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.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art 320)
A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES
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 25 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 CRIME INVOLVING DESTRUCTION

1.

That the offender causes destruction of the property

2.

That the destruction was done by means of:

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

C. ELEMENTS OF BURNING ONES PROPERTY AS A MEANS TO COMMIT 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

D. ELEMENTS OF ARSON
1.

That the property burned is the exclusive property of the offender

2.

That (a) the purpose of the offender is burning it is to defraud or cause damage to another or
(b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place

IX. MALICIOUS MISCHIEF

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

3.

Example. Killing the cow as revenge

4.

If no malice only civil liability

5.

Damage is also diminution in value

6.

But after damaging the thing, he used it = theft

7.

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

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

4.

people killed as a result:

5.

circumstance qualifying 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 48

E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS: (331)

F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332)
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

Notes:
1.

Exemption is based on family relations

2.

Parties to the crime not related to the offended party still remains criminally liable

3.

Persons exempt include:

1.

stepfather/mother (ascendants by affinity)

2.

adopted children (descendants)

3.

concubine/paramour (spouse)

4.

common law spouse (property is part of their earnings)

TITLE ELEVEN
CRIMES AGAINST CHASTITY

A. ELEMENTS OF ADULTERY: (333)

1.

That the woman is married (even if marriage subsequently declared void)

2.

That she has sexual intercourse with a man not her husband.

3.

That as regards the man with whom she has sexual intercourses, he must know her to be
married.

Notes:
1.

mitigated if wife was abandoned without justification by the offended spouse (man is not
entitled to this mitigating circumstance)

2.

attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

1.

That the man must be married.

2.

That he committed any of the following acts:

1.

Keeping a mistress in the conjugal dwelling.

2.

Having sexual intercourse under scandalous circumstances with a woman who is not his
wife.

3.
3.

Cohabiting with her in any other place.

That as regards the woman she must know him to be married.

Note: Scandal consists in any reprehensible word/deed that offends public conscience, redounds to
the detriment of the feelings of honest persons and gives occasions to the neighbors spiritual damage
and ruin.
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