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 misappropriating, converting, denying having

received money

Committed by appropriating, taking,

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:

TITLE ELEVEN

1.

stepfather/mother (ascendants by affinity)

2.

adopted children (descendants)

3.

concubine/paramour (spouse)

4.

common law spouse (propert is part of their earnings)

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:

3.

1.

Keeping a mistress in the conjugal dwelling.

2.

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

3.

Cohabiting with her in any other place.

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
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1.

That the offender commits any act of lasciviousness or lewdness.

2.

That it is done under any of the following circumstances:

3.

1.

by using force or intimidation, or

2.

when the offended party is deprived of reason or otherwise unconscious, or

3.

when the offended party is under 12 years of age.

That the offended party is another person of either sex.

D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:
1.

Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and

2.

Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction)

Elements:
1.

That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.)

2.

That she must be over 12 and under 18 years of age.

3.

That the offender has sexual intercourse with her.

4.

That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person
in public authority, priest; servant)

Persons liable:
1.

2.

Those who abuse their authority:

1.

persons in public authority

2.

guardian

3.

teacher

4.

person who, in any capacity, is entrusted with the education or custody of the woman seduced

Those who abused the confidence reposed in them:

3.

1.

priest

2.

house servant

3.

domestic

Those who abused their relationship:

1.

brother who seduced his sister

2.

ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)

1.

That the offended party is over 12 and under 18 years of age.

2.

That she must be of good reputation, single or widow.

3.

That the offender has sexual intercourse with her.

4.

That it is committed by means of deceit.

Note: common form is unconditional promise to marry

F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)
1.

that the offender commits acts of lasciviousness or lewdness.

2.

That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister
or descendant regardless of her reputation or age.

3.

that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another
H. ELEMENTS OF WHITE SLAVE TRADE: (341)
Acts penalized
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the servicxe of women for the purpose of prostitution
I. ELEMENTS OF FORCIBLE ABDUCTION: (342)
1.

That the person abducted is any woman, regardless of her age, civil status, or reputation.

2.

That the abduction is against her will.

3.

That the abduction is with lewd designs.

Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible
abduction.
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
1.

That the offended party must be a virgin.

2.

That she must be over 12 and under 18 years of age.

3.

That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender.

4.

That the taking away of the offended party must be with lewd designs.

K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344)
1.

Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse

2.

Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:

1.

offended party

2.

by her parents

3.

grandparents

4.

guardians in the order in which they are named above

Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the
accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.
L. Civil liability of persons guilty of rape, seduction or abduction (345)
1.

To idemnify the offended women

2.

To acknowledge the offspring, unless the law should prevent him from doing so

3.

In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR
CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD:
(347)
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status
Requisites:
1.

The child must be legitimate

2.

The offender conceals or abandons such child

3.

The offender has the intent to cause the child to lose its civil status

Elements of Simulation of Birth:

1.

Child is baptized or registered in the Registry of birth as hers

2.

Child loses its real status and acquiires a new one

3.

Actors purpose was to cause the loss of any trace as to the childs true filiation

B. USURPATION OF CIVIL STATUS: (348)

Notes:
1.

Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person

2.

There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto

3.

Committed by asuming the filiation, or the parental or conjugal rights of another

4.

Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs.

C. ELEMENTS OF BIGAMY: (349)

1.

That the offender has been legally married.

2.

That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead
according to the civil code.

3.

That he contracts a second or subsequent marriage.

4.

That the second or subsequent marriage has all the essential requisites for validity.

Notes:
1.

The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party

2.

A simulated marriage is not marriage at all and can be used as a defense for bigamy

3.

There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage

4.

Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence

5.

A judicial declaration of the nullity of a marriage void ab initio is now required

6.

One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses

7.

One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice.

D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)

1.

That the offender contracted marriage.

2.

That he knew at the time that

1.

the requirement of the law were not complied with, or

2.

The marriage was in disregard of a legal impediment.

Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
Acts punished:
1.

A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death

2.

A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.

F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)

Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities
TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1.

That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances.

2.

That the imputation must be made publicly.

3.

That it must be malicious.

4.

That the imputation must be directed at a natural or juridical person, or one who is dead.

5.

That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.

Notes:
1.

Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances
tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead

2.

Kinds of malice: (a) malice in law; (b) malice in fact

3.

Malice is presumed to exist in injurious publications

4.

Publication is the communication of the defamatory matter to some third person/s

5.

Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of
the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff.

6.

There are as many crimes as there are persons defamed.

7.

To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by
3rd persons.

Criterion to determine whether statements are defamatory

1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are
sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule(US v OConnel)
2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.(P v Encarnacion)
Libel

Perjury

-false accusation need not be made under oath

-false accusation is made under oath

Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. Plaintiffs are associations of sugarcane planters.
HELD: Dismissed. To maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed at a group of persons are not actionable unless
the statements are all-embracing or sufficiently specific for victim to be identifiable. An action for libel allegedly directed against a group of sugar planters cannot
be done by resort to filing a class suit as each victim has his specific reputation to protect. In this case, each of the plaintiffs has a separate and distinct
reputation in the community.
A. REQUIREMENT OF PUBLICITY: (354)
Kinds of privileged communication
1.

Absolutely privileged not actionable even if the actor has acted in bad faith

2.

Qualifiedly privileged those which although containing defamatory imputations could not be actionable unless made with malice or bad faith

General Rule:
Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown
Exception:
1.

private communication in performance of legal, moral or social duty

Requisites:
1.

that the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld

2.

that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter

3.

that the statements in the communication are made in good faith without malice in fact

4.

fair and true report, made in good faith, without any comments and remarks

Requisites:
1.

that the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of
confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer

2.

that it is made in good faith

3.

that it is made without any comments or remarks

Santos v CA
HELD: No malice, he simply furnished the readers with the info that a complaint has been filed against the brokerage firm and reproduced the pleading verbatim
with no embellishments.

B. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)

Note: Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or
cinematographic exhibitions or any similar means

C. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of accusation and exposure
-possible in light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357)
1.

That the offender is a reporter, editor or manager of a newspaper, daily or magazine.

2.

That he publishes facts connected with the private life of another.

3.

That such facts are offensive to the honor, virtue and reputation of said person.

Note:
Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts
have been mentioned.

Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez. He caused to publish
the second letter. HELD: Letter is not privileged communication. To be classified as such it must be free from malice. Granting that the letter was privileged
communication, written out of a duty of an officer towards the members, such character was lost when it was published.

E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)

1.

action of a serious and insulting nature (Grave slander)

2.

light insult or defamation not serious in nature (simple slander)

Factors that determine gravity of the offense:

a) expressions used
b) personal relations of the accused and the offended party
c) circumstances surrounding the case
Notes:
Words uttered in the heat of anger constitute light oral defamation (P v Doronilla)
If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant, oral defamation
is committed (P v Salleque)

F. ELEMENTS OF SLANDER BY DEED: (359)

1.

That the offender performs any act not included in any other crime against honor.

2.

That such act is performed in the presence of other person or persons.

3.

That such act casts dishonor, discredit or contempt upon the offended party.

Notes:
a. Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, etc.
b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put her to dishonor, contempt and ridicule. (P v Costa)

P v Motita
Accused held a mirror between the legs of complainant to reflect her private parts. The crowd laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification.

b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt.

c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360)

1) Who are liable
a. person who publishes, exhibits or causes the publication or exhibition of any

defamation in writing or similar means(par.1)

b. author or editor of a book or pamphlet

c. editor or business manager of a daily newspaper magazine or serial publication(par.2)
d. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its
publication (US v Ortiz)
2) Venue of criminal and civil action for damages in cases of written defamation:
a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of the commission of the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
RTC of Manila OR
city/province where the article is printed and 1st published
b. Otherwise
RTC of the city/province where he held office at the time of offense OR
where the article is 1st published
4) Where one of the offended parties is a private individual:
RTC of province/city where he actually resides at the time of the crime
where article was printed or 1st published

Note: Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction,
abduction, and acts of lasciviousness)

Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the same written matter is communicated, such communication is considered a
distinct and separate publication of libel.

PROOF OF THE TRUTH (361)

Admissible when:
a. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer
b. the offended party is a government employee, even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his
official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above)
b. it was published with good motives and for a justifiable end (for situation 1 only)

Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon
which a definite finding may be made by the court (US v Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor.
*This article is a limitation to the defense of privileged communication.

ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363)

1.

That the offender performs an act.

2.

That by such act he directly incriminates or imputes to an innocent person the commission of a crime.

3.

That such act does not constitute perjury.

Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and is false)
b. planting evidence
Note: article is limited to planting evidence and the like

INTRIGUING AGAINST HONOR (364)

How committed:
-by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person
Notes:
a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot.
b. Committed by saying to others an unattributable thing, if said to the person himself it is slander.

RA4200 The Anti-WireTapping Act

Acts punished:
1) any person, not authorized by all the parties to any private communication or spoken word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as
a dictaphone or dictagraph or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:
a) knowingly possesses any tape record, wire record, disc record, or any other such record or copies thereof of any communication or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or partial, to any other person
Notes:
a. Peace officer is exempt if acts done under lawful order of the court. You can only use the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation.
c. Gaanan v IAC

An extension phone is not one of those prohibited under RA 4200. There must be either a physical interruption through the wiretap or the deliberate installation
of a device or arrangement in order to overhear, intercept or record the spoken words. The extension phone was not installed for such purpose.

ELEMENTS OF RECKLESS IMPRUDENCE: (365)

1.

That the offender does or fails to do an act.

2.

That the doing of or the failure to do that act is voluntary.

3.

That it be without malice.

4.

That material damage results.

5.

That there is inexcusable lack of precaution on the part of the offender, taking into consideration
1.

his employment or occupation

2.

degree of intelligence, physical condition, and

3.

other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE: (365)

1.

That there is lack of precaution on the part of the offender.

2.

That the damage impending to be caused in not immediate or the danger is not clearly manifest.

Notes:
1) Art.64 on mitigating and aggravating circumstances not applicable.
2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree.
3) Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance.
4) Contributory negligencenot a defense, only mitigating

Last clear chance doctrine

The contributory negligence of the injured party will no t defeat the action if it be shown that the accused might, by the exercise of reasonable care and
prudence, have avoided the consequences of the negligence of the injured party
Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not
guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest
choice.

P v Cano
Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused.

P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack that caused brain damage. HELD: Guilty of simple
negligence resulting to homicide. Carillo was the anesthesiologist, he and his co-accused failed to monitor and provide close patient care, to inform the parents
of the childs true condition, to prove that they exercised necessary and appropriate degree of care and diligence to prevent the condition.

Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries through reckless imprudence constitutes double jeopardy to the charge of the
crime of damage to property through reckless imprudence.