Professional Documents
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Art. 293. Who are guilty of robbery. - Any person who, intent -If accused used force and violence to take the
to gain, shall take any personal property belonging to property believing it was his property, but in reality
another , by means of violence against or intimidation of any it was not his property, can he be liable for robbery?
person, or using force upon anything, shall be guilty.
No. There being no intent to gain, he cannot be
held liable for robbery, even if the accused used
1. ROBBERY violence against or intimidation of person, or force
upon things.
- it is the taking of personal property belonging to
another, with intent to gain, by means of violence -if the accused used force and violence to take from
against, or intimidation of any person, or using force another person a property which turned out to be
upon anything. his own property, can he be liable for robbery?
2. ELEMENTS OF ROBBERY IN GENERAL [ PUTI-VF] No. He cannot be held liable for robbery. It is an
impossible crime.
a) That property be PERSONAL PROPERTY
(Bienes muebles) belonging to another;
Section One. -- Robbery with violence against or 7.) If violence employed by the offender
intimidation of persons does not cause any of the serious physical injuries
defined in Article 263, or if the offender employs
intimidation only.
ARTICLE 294
Art 294. Robbery with violence against or intimidation of -Paragraph 1-5 of Article 294 are single, special
persons -- Penalties. -- Any person guilty of robbery with the and indivisible felonies, not complex crimes as defined
use of violence against or intimidation of any person shall under Art 48 of the RPC.
suffer:
The penalties imposed do not take into account
1. The penalty of reclusion perpetua to death, when by the value of the personal property taken, but the
reason or on occasion of robbery, the crime of homicide shall
gravity of the effect or consequence of the violence or
have been committed; or when the robbery shall have been
accompanied by rape or intentional mutilation or arson. intimidation.
a) Robbery with Homicide or Robo con The following elements must be proved:
Homicidio
(1) The taking of personal property is committed
-when by reason or on occasion of a robbery with with violence or intimidation against persons;
the use of violence against or intimidation of persons,
homicide is also committed. (2) The property taken belongs to another;
-The original criminal design of the malefactor is (3) The taking is done with animo lucrandi; and
to commit robbery, with homicide perpetrated on the
(4) By reason of the robbery or on the occasion
occasion or by reason of the robbery.
thereof, homicide is committed.
TREACHERY
ELEMENTS OF ROBBERY WITH HOMICIDE
“Treachery cannot likewise serve to aggravate
(a) The taking of personal property with the the crime inasmuch as it only applies to crimes against
use of violence or intimidation against a person; persons.” (People vs Lobitania)
Killing may occur before, during or after the Although dwelling is considered as inherent in
commission of the robbery. What is essential is that crimes which can be only committed in the abode of
there was a direct link, an intimate connection the victim, such as trespass to dwelling and robbery in
between the two felonies, which is the prospect of an inhabited house, it is aggravating in robbery with
monetary gain which impelled the malefactors to place homicide because the author thereof could have
filthy lucre above the value of human life. accomplished the heinous deed of snuffing out the
victim’s life without having to violate his domicile.
-Even an innocent bystander may be a victim of -if no death supervenes, the accused will be liable
robbery with homicide for the separate crimes of robbery and frustrated
homicide
-It is not necessary that the victim of robbery is
the victim of homicide
-When several deaths and physical injuries were NO ROBBERY WITH MULTIPLE HOMICIDE
committed by reason or on occasion of robbery, the
-additional killings should be appreciated as an
crime is robbery with homicide.
additional aggravating circumstance, the reason being
that there will obtain an anomalous situation where,
from the standpoint of the gravity of the offense,
WHAT SHOULD THE INFORMATION CONTAIN robbery with one killing would be on the same as
robbery with multiple killing.
The information should charge each element of
the complex offense with the same precision as if the
two constituent offenses were the subject of separate
prosecutions. NO ROBBERY WITH HOMICIDE AND LESS SERIOUS
PHYSICAL INJURIES
ELEMENTS OF ROBBERY WITH RAPE and there she was raped by the mastermind, Suyu. Not only
she was raped by Suyu but also Cainglet while, the other two
-prosecution must prove the following elements: was outside serving as lookouts. So the said woman, Clarissa,
was raped by two persons and she was raped three times.
(1) The taking of personal property is committed Suyu and Cainglet raped her by carnal knowledge. Not only
with violence or intimidation against persons; that, Cainglet also inserted two fingers to her genitals
therefore, he also committed rape by sexual assault. What
(2) The property taken belongs to another;
crimes are committed by the 4 persons? What crime/s they
(3) The taking is done with animo lucrandi; and should be criminally liable of?
(4) The robbery is accompanied by rape. Supreme Court said, they are all liable for the single
indivisible offense of Robbery with Rape. Regardless of the
fact that two persons raped the victim, regardless of the
fact that the victim was raped 3 times, regardless of the fact
ART 294(2) AND 266-A that there is two nature of rape committed against the victim
(rape by carnal knowledge and rape by sexual assault), still
For a conviction of the crime of robbery with rape the crime committed is the single indivisible offense of
to stand,it must be shown that the rape was committed robbery with rape.
by reason or on occasion of a robbery and not the other
way around. There are four conspirators but not all of them raped
the victim. Yet they are all liable for robbery with rape
Defendant was charged with robbery with rape because the two lookouts did not perform acts in order to
under Article 294(2). Therefore, he should be prevent the consummation of the said rape. So since it is a
convicted under Art 294. He cannot be convicted of a special complex crime and a single indivisible offense all the
rape. He was charged with a crime against property, other rapes are merged into a composite integrated whole
ergo he cannot be charged with crime against chastity that is robbery with rape.
(Now crime against persons). (People vs Mabag)
c) ROBBERY WITH ARSON
The offense is only the special complex crime of - It should be serious physical injuries, otherwise
robbery with rape. Cuadrilla is merely a generic it will be absorbed in the robbery.
aggravating circumstance.
-If the less serious or slight physical injuries were
committed after the robbery was consummated, that
would constitute a separate offense.
SEPARATE CRIMES OF RAPE AND ROBBERY
THREATS TO EXTORT ROBBERY THROUGH A: The crime committed is robbery with homicide because
MONEY INTIMIDATION even if it was also an offender who was killed, the killing
took place by reason of the said robbery.
As to the nature of intimidation
The victim is deprived of He parts with his money, ROBBERY WITH PHYSICAL INJURIES COMMITTED IN AN
his money, property by in a sense, voluntarily. UNINHABITED PLACE AND BY A BAND OR WITH THE
force or intimidation USE OF FIREARM ON A STREET, ROAD OR ALLEY
c) By attacking a moving train, street car, a) When at least four armed malefactors take
motor vehicle, or airship; part in the commission of a robbery, it is
deemed committed by a band.
d) By entering the passengers’ compartments
in a train, or in any manner taking the b) When any of the arms used in the
passengers by surprise in their respective commission of robbery is not licensed, the
conveyances; or penalty upon all malefactors shall be the
maximum of the corresponding penalty
e) On a street, Road, highways, or alley, and provided by law without prejudice to the
the intimidation is made with the use of criminal liability for illegal possession of
firearms, the offender shall be punished by firearms.
the maximum period or the proper penalties
prescribed in Art 294. c) Any member of a band who was present at
the commission of a robbery by the band,
shall be punished as principal of any assaults
committed by the band, unless it be shown
2. APPLIES ONLY TO PAR 3,4 AND 5 OF ARTICLE 294
that he attempted to prevent the same.
If robbery with homicide is committed by a band,
the indictable offense would still be denominated as
“robbery with homicide” but the element of band 3. WHEN BAND IS GENERIC AGGRAVATING
would be appreciated as an ordinary aggravating CIRCUMSTANCE AND WHEN IT IS A SPECIAL
circumstance. AGGRAVATING CIRCUMSTANCE
d) That he did not attempt to prevent the 2. ATTEMPTED OR FRUSTRATED ROBBERY WITH
assault. SERIOUS PHYSICAL INJURIES
A: A is guilty of robbery with use of force upon things. He is an 1. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF
insider, and he used force to break open the cabinet of B. He VIOLENCE OR INTIMIDATION
did not commit theft. Since the crime committed is robbery,
brother A is criminally liable and civilly liable. Because under a) That the offender has intent to defraud
Article 332, it is only on cases of theft, swindling, estafa, and another;
malicious mischief, wherein there’s no criminal liability but
only civil liability in case of relatives living together. b) That the offender compels him to sign,
execute, or deliver any public instrument or
document;
Q: In the same problem, what if A was in need of money, he c) That the compulsion is by means of violence
saw the expensive watch of B on top of the table and sold the or intimidation.
watch. What crime was committed?
ARTICLE 297
Section Two: Robbery With the Use of Force Upon
ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED Things
UNDER CERTAIN CIRCUMSTANCES
Or if—
4. ELEMENTS (SUBDIVISION B)
(b) The robbery be committed under any of the
following circumstances: a) The offender is inside a dwelling house,
public building or edifice devoted to
1. By the breaking of doors, wardrobes, chests, or any religious worship, regardless of the
other kind of locked or sealed furniture or receptacle.
circumstances under which he entered it;
2. By taking such furniture or objects away to be broken and
or forced upon outside the place of the robbery.
b) The offender takes personal property
When the offenders do not carry arms, and the value of belonging to another with intent to gain
the property taken exceeds Fifty thousand pesos (₱50,000), under any of the following circumstances:
the penalty next lower in degree shall be imposed.
i. By the breaking of internal doors,
The same rule shall be applied when the offenders are
wardrobes, chests, or any other kind of
armed, but the value of the property taken does not exceed
Fifty thousand pesos (₱50,000).
sealed furniture of receptacle; or
When said offenders do not carry arms and the value of ii. By taking such furniture or objects
the property taken does not exceed Fifty thousand pesos away to be broken open outside the
(₱50,000), they shall suffer the penalty prescribed in the two place of the robbery.
(2) next preceding paragraphs, in its minimum period.
i. An inhabited house;
6. WHEN THE OFFENDER IS A FAMILY MEMBER OR
ii. A public building; or
SERVANT WHO BROKE A RECEPTACLE INSIDE TO TAKE
iii. An edifice devoted to religious worship; PROPERTY OF HIS HOUSEMATE, WHAT CRIME IS
COMMITTED?
b) The entrance was effected by any of the
following means: The crime is ROBBERY WITH FORCE UPON THINGS,
not qualified theft because what qualifies the taking is
i. Through an opening not intended for the force upon things. Robbery is committed not only
entrance or egress; by strangers but also by household members. If he did
not break anything, then the crime is QUALIFIED THEFT,
ii. By breaking any wall, roof, floor, door, since the abuse of confidence is the essential element.
or window;
Both robbery and qualified theft can be
iii. By using false keys, picklocks or similar committed by family members or servant.
tools;
ARTICLE 300
2. ACCUSED SHOULD ENTER THE BUILDING (casa
habitada o lugar no habitado o edificio) ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
If the culprit did not enter the building, there Article 300. Robbery in an uninhabited place and by a band. --
would be no robbery with force upon things, only theft. The robbery mentioned in the next preceding article, if
committed in an uninhabited place and by a band, shall be
The wall broken must be an outside wall, not a punished by the maximum period of the penalty provided
therefor.
wall between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering. 1. UNINHABITED PLACE
The whole body of the culprit must be inside One where there are no houses at all, a place at a
the house or building to constitute entering. considerable distance from the town, or where the
houses are scattered at a great distance from each correccional in its medium and maximum periods provided
other. that any of the following circumstances is present:
All interior courts, corrals, warehouses, granaries, When the value of the property taken does not exceed
barns, coach-houses, stables, or other departments, or Fifty thousand pesos (₱50,000), the penalty next lower in
inclosed places contiguous to the building or edifice, having degree shall be imposed.
an interior entrance connected therewith and which form part
In the cases specified in Articles 294, 295, 297, 299, 300,
of the while, shall be deemed dependencies of an inhabited
and 302 of this Code, when the property taken is mail matter
house, public building, or building dedicated to religious
or large cattle, the offender shall suffer the penalties next
worship.
higher in degree than those provided in said articles.”
Orchards and other lands used for cultivation or
production are not included in the terms of the next 1. ELEMENTS (E-ORUB-RT)
preceding paragraph, even if closed, contiguous to the
building, and having direct connection therewith. a) That the offender ENTERED an uninhabited
place, or a building which was not a dwelling
The term “public building” includes every building house, not a public building, or not an
owned by the Government or belonging to a private person edifice devoted to religious worship;
but used or rented by the Government, although temporarily
unoccupied by the same. b) That any of the following circumstances was
present:
1. INHABITED HOUSE
i. The entrance was effected through an
It means any shelter, ship, or vessel constituting
OPENING not intended for entrance or
the dwelling of one or more persons, even though the
egress;
inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed. ii. A wall, roof, floor, or outside door or
window was BROKEN;
3. PUBLIC BUILDING
2. ART 299 vs 302
-includes every building owned by the
Government or belonging to a private person, used or ART 299 ART 302
rented by the Government, although temporarily
The use of fictitious name Use of fictitious name or
unoccupied.
or simulation of public simulation of public
authority can be used only authority cannot be used
in Art 299 which refers to in Art 302 which involves
ARTICLE 302 inhabited buildings uninhabited or other
places
ROBBERY IN AN UNINHABITED PLACE OR
The receptacle must be The receptacle must be
IN A PRIVATE BUILDING
locked or sealed closed.
Art. 302. Robbery in an uninhabited place or in a private
building.— Any robbery committed in an uninhabited place or
in a building other than those mentioned in the first paragraph
***If the receptacle was merely closed but was opened
of Article 299, if the value of the property taken exceeds Fifty
thousand pesos (₱50,000), shall be punished by prisión
without breaking the same, the crime is theft.
2. MASTER KEY
ARTICLE 303 A master key is a picklock and its possesion is
punishable
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING 3. LOST OR MISPLACED KEY
Article 303. Robbery of cereals, fruits, or firewood in an A lost or misplaced key found by another and
uninhabited place or private building. -- In the cases
not returned to its rightful owner is considered as a
enumerated in Articles 299 and 302, when the robbery
consists in the taking of cereals, fruits, or firewood, the
genuine key stolen from the owner.
culprit shall suffer the penalty next lower in degree than that
prescribed in said articles.
BAR QUESTIONS
1. CEREALS
ARTICLE 304
A: The offenders committed only one robbery in the
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
eyes of the law because when they entered the
Art 304. Possession of picklocks or similar tools-- Any person compound, they were impelled only by a single
who shall, without lawful cause, have in his possession indivisible criminal resolution to commit a robbery as
picklocks or similar tools specially adopted to the commission they were not aware that there were five families
of the crime of robbery, shall be punished by arresto mayor in inside said compound, considering that the same was
its maximum period to prision correccional in its minimum enclosed by a six-foot high hollow block fence. The
period.
series of robbery committed in the same compound
The same penalty shall be imposed upon any person who at about the same time constitutes one continued
shall make such tools. If the offender be a locksmith he shall crime, motivated by one criminal impulse.
suffer the penalty of prision correccional in its medium and
maximum periods.
c) That the offender does not have LAWFUL (A) What is the criminal liability of A, if any?
cause for such possession Explain.
(B) Is A exempted from criminal liability under
Article 332 of the Revised Penal Code for
being a brother of B? Explain. (2000 Bar)
2. NATURE OF THE ACT OF POSSESSION PICKLOCKS
Those who abet Those who profit from the 7. WHAT IS THE LIABILITY OF ABETTORS OF
brigandage are loot are liable under Art BRIGANDAGE?
accomplices under Sec 4. 307 or fencing.
In Highway Robbery under PD 532, those who
2. BRIGANDAGE participate in the loot commit the crime of abetting
brigandage, and considered as Accomplices under Sec 4
It is a crime committed by more than three armed of PD 532.
persons who form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping In Robbery in a Highway under Art 294, they are
persons for the purpose of extortion, or to obtain principals liable as fence under Anti-fencing law or
ransom, or for any other purpose to be attained by under Art 307 -- aiding and abetting brigandage.
means of force and violence.
3. ELEMENTS
8. DOES THE SITUS DETERMINE WHETHER THE CRIME
a) There must be at least FOUR armed persons; IS HIGHWAY ROBBERY?
b) They formed a BAND of robbers; and It is not because the taking or robbery was
perpetrated on a national highway that PD 532 would
c) The PURPOSE is any of the following: be the statute violated. It takes more than the SITUS of
the robbery to bring it within the ambit of PD 532.
i. To commit robbery in a highway;
A finding of brigandage or highway robbery
ii. To kidnap persons for the purpose of
involves not just the locus of the crime or the fact that
extortion or to obtain ransom; or
more than three persons perpetrated it. It is essential
iii. To attain by means of force and to prove that the outlaws were purposely organized not
violence any other purpose. just for one act of robbery but for several
indiscriminate commissions thereof.
4. PRESUMPTION OF LAW
ARTICLE 307
-Those who carry an unlicensed firearm are
presumed to be highway robbers and brigands. AIDING AND ABETTING A BAND OF BRIGANDS
5. BRIGANDAGE VS ROBBERY IN BAND Art 307. Aiding and abetting a band of brigands. --Any person
knowingly and in any manner aiding, abetting, or protecting a
BRIGANDAGE ROBBERY IN BAND band of brigands as described in the next preceding article, or
giving them information of the movements of the police or
As to purpose other peace officers of the Government or of the forces of the
United States Army, when the latter are acting in aid of the
The purpose is to: The purpose is to commit Government, or acquiring or receiving the property taken by
robbery, but not such brigands, shall be punished by prision correccional in its
(1) Commit robbery in medium period to prision mayor in its minimum period.
necessarily in highways
highways;
It shall be presumed that the person performing any of
(2) To kidnap persons for the acts provided in this article has performed them
knowingly, unless the contrary is proven.
ransom; or
1. ELEMENTS
(3) Any other purpose
attained by force and a) That there is a BAND of brigands;
violence
b) That the OFFENDER does any of the
As to agreement following acts:
Agreement is to commit Agreement is to commit a i. That he aids, abets, or protects such
several robberies particular robbery band of brigands;
As to act punished ii. That he gives them information on the
movements of the police or other
Mere formation for any of Actual commission of peace officers of the government; or
the above purposes is robbery is necessary, as
punished mere conspiracy to iii. That he acquires or receives property
commit robbery is not taken by such brigands; and
punishable
c) That the offender KNOWS the band to be of
brigands.
taking and aspiration of the entire van and its ANS. Highway Robbery under PPD 532 differs from
contents. ordinary Robbery committed on a highway in these
respects:
Art 308. Who are liable for theft. -- Theft is committed by any 5. TAKING WAS FOR “TEMPORARY” OR “JOYRIDE”
person who, with intent to gain but without violence,against,
or intimidation of persons nor force upon things, shall take He is guilty of theft because by taking possession
personal property of another without the latter’ consent. of the personal property belonging to another and
using it, his intent to gain is evident since he derives
Theft is likewise committed by: therefrom utility, satisfaction, enjoyment and
1. Any person whom having found lost property, shall pleasures.
fail to deliver the same to the local authorities or to its
owner;
2. Any person who, after having maliciously damaged 6. CAN THEFT BE COMMITTED BY A CO-OWNER OF
the property of another, shall remove or make use of the THE PROPERTY?
fruits or objects of the damage caused by him; and
No. Theft cannot be committed between
3. Any person who shall enter an eclosed estate or a co-owners when no division yet is made because they
field where trespass is forbidden or which belongs to another are co-owners as to each part of the property, and
and without the consent of its owner, shall hunt or fish upon theft cannot be committed by the owner over his own
the same or shall gather fruits, cereals, or other forest or
property.
farm products.
1. THEFT
7. FINDER OF HIDDEN TREASURE
-Committed by any person who, with intent to
gain but without violence or intimidation of persons In case of hidden treasure, the government or the
nor force upon thing, shall take the personal property property owner has 1/2 share. If the finder keeps the
of another without the latter’s consent. whole thing, he is guilty of theft as to the 1/2.
ARTICLE 309 and brought to the office of the store manager. The
detective and the manager searched her and found
PENALTIES her wearing the third swimsuit under her blouse and
pants. Was the theft consummated, frustrated, or
Art. 309. Penalties.— Any person guilty of theft shall be attempted? Explain. (2000 Bar)
punished by:
A: The theft was consummated because the taking or
1. The penalty of prisión mayor in its minimum and
asportation was complete. The asportation is
medium periods, if the value of the thing stolen is more than
One million two hundred thousand pesos (₱1,200,000) but complete when the offender acquired the exclusive
does not exceed Two million two hundred thousand pesos control of the personal property being taken. In this
(₱2,200,000); but if the value of the thing stolen exceeds the case, when Sunshine wore the swimsuit under her
latter amount, the penalty shall be the maximum period of blouse and pants and was on her way out of the store,
the one prescribed in this paragraph, and one (1) year for with evident intent to gain, the taking constitutes
each additional One million pesos (₱1,000,000), but the total theft and being complete, it is consummated. It is not
of the penalty which may be imposed shall not exceed twenty necessary that the offender is in a position to dispose
(20) years. In such cases, and in connection with the accessory
of the property.
penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be
termed prisión mayoror reclusion temporal, as the case may
be. 2. Francis Garcia, a Jollibee waiter, found a gold
2. The penalty of prisión correccional in its medium and bracelet in front of his working place in Makati and,
maximum periods, if the value of the thing stolen is more than upon inspecting it, saw the name and address of the
Six hundred thousand pesos (₱600,000) but does not exceed owner engraved on the inside. Remembering his
One million two hundred thousand pesos (₱1,200,000). parents’ admonition that he should not take
anything which does not belong to him, he delivered
3. The penalty of prisión correccional in its minimum and
the bracelet to PO1 Jesus Reyes of the Makati quad
medium periods, if the value of the property stolen is more
than Twenty thousand pesos (₱20,000) but does not exceed precinct with the instruction to locate the owner
Six hundred thousand pesos (₱600,000). and return it to him. PO1 Reyes, instead, sold the
bracelet and misappropriated the proceeds.
4. Arresto mayor in its medium period to prisión Subsequent events brought out the fact that the
correccional in its minimum period, if the value of the bracelet was dropped by a snatcher who had
property stolen is over Five thousand pesos (₱5,000) but does
grabbed it from the owner a block away from where
not exceed Twenty thousand pesos (₱20,000).
Francis had found it and further investigation traced
5. Arresto mayor to its full extent, if such value is over the last possessor as PO1 Reyes.
Five hundred pesos (₱500) but does not exceed Five thousand
pesos (₱5,000).
6. Arresto mayor in its minimum and medium periods, if Charged with theft, PO1 Reyes reasoned out
such value does not exceed Five hundred pesos (₱500). that he had not committed any crime because it was
not he who had found the bracelet, and moreover, it
7. Arresto menor or a fine not exceeding Twenty turned out to have been stolen.
thousand pesos (₱20,000), if the theft is committed under the
circumstances enumerated in paragraph 3 of the next Resolve the case with reasons. (2001 Bar)
preceding article and the value of the thing stolen does not
exceed Five hundred pesos (₱500). If such value exceeds said
amount, the provisions of any of the five preceding
subdivisions shall be made applicable. A: PO1 Reyes is criminally liable. His contention that
he has not committed any crime because he was not
8. Arresto menor in its minimum period or a fine of not
the one who found the bracelet and it turned out to be
exceeding Five thousand pesos (₱5,000), when the value of
the thing stolen is not over Five hundred pesos (₱500), and the
stolen also, is devoid of merit. It is enough that the
offender shall have acted under the impulse of hunger, bracelet belonged to another and the failure to
poverty, or the difficulty of earning a livelihood for the restore the same to its owner is characterized by
support of himself or his family.” intent to gain.
a) The value of the thing stolen, and in some The act of PO1 Reyes of selling the bracelet
cases; which does not belong to him and which he only held
to be delivered to its owner, is furtive
b) The value and the nature of the property misappropriation with intent to gain.
taken; or
Where a finder of lost or mislaid property
c) The circumstances or causes that impelled entrusts it to another for delivery to the owner, the
the culprit to commit the crime. person to whom such property is entrusted and who
accepts the same, assumes the relation of the finder to
the owner as if he was the actual finder; if he would
misappropriate it, he is guilty of theft (People v. Avila,
44 Phil 720).
BAR QUESTIONS
by a domestic servant, or
with grave abuse of confidence,or 1. A fire broke out in a department store. A, taking
advantage of the confusion, entered the store and
If the property stolen is
carried away goods which he later sold. What crime,
a motor vehicle, if any, did he commit? Why? (2002 Bar)
Mail matter or
ARTICLE 311
ANS. The crime committed by A is carnapping. The
THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY unlawful taking of motor vehicles is now covered by
the Anti- Carnapping Law (RA 6539 as amended) and
AND NATIONAL MUSEUM
not by the provisions on qualified theft or robbery.
Art. 311. Theft of the property of the National Library and (People v. Bustinera, G.R. No. 148233, June 8, 2004)
National Museum.— If the property stolen be any property of The concept of carnapping is the same as that of
the National Museum, the penalty shall be arresto mayor or a robbery and theft. Hence, rules applicable to theft or
fine ranging from Forty thousand pesos (₱40,000) to One robbery are also applicable to carnapping. (People v.
hundred thousand pesos (₱100,000), or both, unless a higher Asamuddin, G.R. No. 213913, September 2, 2015) In
penalty should be provided under other provisions of this theft, unlawful taking should be understood within
Code, in which case, the offender shall be punished by such
the Spanish concept of apoderamiento. In order to
higher penalty.
constitute apoderamiento, the physical taking must
-The value of the property is immaterial because the be coupled with the intent oto appropriate the
law prescribed the penalty of arresto mayor or fine object, which means intent to deprive the lawful
or both. owner of the thing, whether permanently or
temporarily. (People v. Valenzuela, G.R. No. 160188,
June 21, 2007) In this case, A took the car without the
consent of B with intent to temporarily deprive him of
the car. Although the taking was “temporary” and for
BAR QUESTIONS a “joy ride”, the Supreme Court in People v.
Bustinera (supra), sustains as the better view which
Engr. Ariel Mark Pilotin 18
CRIMINAL LAW( BOOK TWO)
NEW ANTI CARNAPPING ACT OF 2016 vehicle engines, engine blocks and chassis
not registered with the LTO shall be
RA NO. 10883 considered as a carnapped vehicle, an
untaxed importation or coming from illegal
source and shall be confiscated in favor of
Approved: July 17, 2016 the government. (Sec 6);
vehicles which run only on rails or tracks; 8. CARNAPPING CAN BE COMPLEXED UNDER SEC 14.
and tractors, trailers and traction engines of It may be called Qualified Carnapping,
all kinds used exclusively for agricultural Aggravated Carnapping or the crime of Carnapping
purposes. with Rape and Homicide
description of the motor vehicle was not alleged in the A: The fact that the owner is killed or raped as a
information. consequence, the penalty is reclusion perpetua to death. It
will bring about a higher penalty, but not as a special complex
ESTAFA may be committed if there is juridical crime because it is a Special Penal Law. Though it is akin to a
possession of the public utility is legally transferred to special complex crime, the killing is absorbed. The crime is
the offender, however there is a prohibition against carnapping. It is also not a bailable offense.
such practice by the Public Service Commission.
11. TRICYLE
PG NOTES
7. SECOND-HAND ARTICLES
2. FENCING (Sec 2 [a])
- shall refer to any goods, article, item, object or
-is the act of any person who, with intent to gain
anything of value obtained from an unlicensed dealer
for himself or for another, shall buy, receive, possess,
or supplier, regardless of whether the same has
keep, acquire, conceal, sell or dispose of or shall buy
actually or in fact been used. (IRR of PD No. 1612)
and sell, or in any other manner deal in any article,
item, object or anything of value which he knows, or
should be known to him, to have been derived from the
proceeds of the crime of robbery or theft. 8. CLEARANCE/ PERMIT TO SELL USED/ SECOND HAND
ARTICLES
- Does not apply to proceeds in the crime of
Estafa. Sec 6. Clearance/ permit to sell/ used second-hand Articles -
For purposes of this Act, all stores, establishments or entities
dealing in the buy and sell of any good, article, item, object
or anything of value obtained from an unlicensed dealer or
3. FENCE (Sec 2[b]) supplier thereof, shall before offering the same for sale to the
public secure the necessary clearance or permit from the
-includes any person, firm, association, station commander of the Philippine National Police in the
corporation or partnership or other organization who/ town or city where such store, establishment or entity is
which commits the act of fencing. located. The Philippine Constabulary with the PNP/ Director
General, PNP shall promulgate such rules and regulations to
The Fence should be an accessory, not a principal carry out the provisions of this section. Any person who fails
or accomplice in robbery or theft. But the fence is to secure the clearance or permit required by this section or
principal in the prosecution for the violation of PD No. who violates any of the provisions of the rules and regulations
1612. promulgated thereunder shall upon conviction be punished as
fence.
4. ELEMENTS( R [BuRP-KACS-DiBS]KI)
9. FENCE AND AN ACCESSORY TO THEFT OR ROBBERY
a) The crime of ROBBERY or theft has been
committed; FENCE ACCESSORY TO THEFT
OR ROBBERY
b) The accused, who is not a principal or
accomplice in the commission of the crime As to liability
of theft or robbery BUY, RECEIVE, POSSESS,
A fence is punished As a general rule, an
KEEP, ACQUIRE, CONCEAL, SELL, OR DISPOSE
as a principal under PD No accessory to robbery or
OF, OR shall BUY, AND SELL, or in any other
1612 and the penalty is theft under the RPC is
manner DEAL any article, item object or
higher punished two degrees
anything of value which he knows or should
lower than the principal.
be known to him, to have been derived from
the proceeds of said crime; As to nature
c) That accused knows or should have known Fencing is malum In accessory to the
that said article, item, object or anything of prohibitum and therefore, crime of robbery or theft
value has been derived from the proceeds of there is no need to prove under the RPC, intent is
theft or robbery and criminal intent of the an element of the crime
accused. and therefore, good faith
d) The accused has intent to gain for himself or
is a proper defense
another. Good faith is not a
OTHER SPECIAL LAWS 7. RETURNING THE COW DOES NOT EXCULPATE ONE
FROM CRIMINAL LIABILITY FOR CATTLE RUSTLING
Taking away by any means, method or scheme, Art 64 of RPC governing the rules for the
without the consent of the owner/raiser, of any large application of penalties which consist of three period
cattle whether or not for profit or gain, or whether or three different penalties, each one of which forms a
committed with or without violence against ot period, shall likewise be applicable to cattle rustling.
intimidation of persons or force upon things. It includes
Art 13, 14 and 15 shall likewise be applicable in
the killing of large cattle or taking it as meat or hide
the imposition of penalty upon the accused.
without the consent of the owner or raiser. (Sec 2[c])
PD NO 705
4. OWNERSHIP IS NOT AN ESSENTIAL ELEMENT OF
THE OFFENSE UNDER SEC 68
1. PUNISHABLE ACTS The failure of the information to allege the true
owner of the forest products is not material. It was
a) Cutting, gathering and/or collecting timber
sufficient that it alleged that the taking was without
or other products without license from any
any authority or license from the government.
forest land or timber from alienable and
disposable public lands or from private lands
shall be guilty of qualified theft under Art
309 and 310 of the RPC. (Sec 68); 5. DENR IS AUTHORIZED TO SEIZE ILLEGALY CUT
LOGS, TIMBER OR OTHER FOREST PRODUCTS AND
b) Entering and occupying or possessing, or ALL CONVEYANCES USED IN THE COMMISSION OF AN
making kaingin for his own private use or for OFFENSE IN VIOLATION OF SEC 68
others any forest land without authority or
destroying in any manner such forest land or
part thereof, or causing any damage to the
timber stand and other products and forest 6. VIOLATION OF EC 68 IS PUNISHED AS QUALIFIED
growths found therein. (Sec 69) THEFT, PENALTIES UNDER ART 309 AND 310 SHALL
APPLY
c) Grazing or causing to graze without
authority livestock in forest lands, grazing
lands and alienable and disposable lands
PENALIZING TIMBER SMUGGLING OR ILLEGAL
which have not as yet been disposed of in
CUTTING OF LOGS FROM PUBLIC FORESTS AND
accordance with Public and Act; (Sec 70)
FOREST RESERVES AS QUALIFIED THEFT
d) Occupying for any length of time without
PD NO. 330
permit any portion of the national parks
system or cutting, destroying, damaging, or
removing timber or any species of
vegetation or forest cover and other 1. PUNISHABLE ACT (SEC 1)
natural resources found therein or
Any person, whether natural or juridical who
mutilating, defacing, or destroying objects
directly or indirectly cuts, gathers, removes, or
of natural beauty or scenic value within
smuggles timber, or other forest products, either from
areas of the natural park system (Sec 71);
any of the public forest, forest reserves and other kinds
and
of public forest, whether under license or lease, or
e) Selling or offering for sale any log, lumber, from any privately owned forest land in violation of
plywood or other manufactured wood existing laws, rules and regulations shall be guilty of
products in the international or domestic the crime of QUALIFIED THEFT.
market, UNLESS he complies with the
grading rules established or to be
established by the Government (Sec 79) (3) THEFT OF MINERALS
2. DISTINCT AND SEPARATE OFFENSES UNDER SEC 69, THE MINERAL RESOURCES DEVELOPMENT
PD 705
DECREE OF 1974
There are two distinct and separate offenses
punished under Sec 68 of the Forestry Code, to wit: PD NO. 463
conviction, be imprisoned from six(6) months to six (6) years THE USE OF TAMPERED WATER OR ELECTRICAL
or pay a fine from one hundred pesos (P100.00) to ten METERS AND OTHER ACTS
thousand pesos (P10,000.00) or both, in the discretion of the
court, besides paying compensation for the minerals removed, PD NO. 401
extracted and disposed of, the royalty and the damaged
caused thereby.
Payment of tax receipts do not show authority to b) Fixing the electric meter in such a manner
extract, remove, and/or dispose of minerals. that it will not register the actual electric
consumption;
It is only to show payment of such taxes, and not
the authority to extract, remove, and/or dispose of c) Under-reading of electric consumption; and
minerals as required by the PD 463. Those receipts are
insufficient evidence to prove that the proper d) Tightening screws or rotary blades to slow
Government office had, in effect, granted the required down the rotation of the same.
permit to extract minerals from said quarry.
PD NO. 581
2. PRESUMPTION
Refusal to vacate and deliver the land to the A: Jorge can charge the 15 families of 2 separate
plaintiff, in open defiance of a writ of execution in a crimes namely:
forcible entry case between the same parties, does not
(a) Violation of Article 282, Grave threats xxx
constitute the crime of usurpation but the distinct
offense of contempt of court. (b) Violation of Article 312 which provides that:
“Occupation of real property or usurpation of real
rights in property. – Any person who, by means of
violence against or intimidation of persons, shall
URBAN DEVELOPMENT AND HOUSING ACT OF 1992 take possession of any real property or shall usurp
RA NO. 7279 any real rights in property belonging to another, in
addition to the penalty incurred for the acts of
1. SQUATTERS violence executed by him, shall be punished by a
fine...”.
(a) Those who have the capacity or means to pay
rent or for legitimate housing but are squatting
anyway; 2. A and B, both farmers, entered the land owned by
X and planted palay thereon. When X came to know
(b) Those who were awarded lots but sold or lease
about it, he confronted A and B and inquired why
them out; and
the latter occupied his land and planted palay
(c) Those who are intruders of lands reserved for thereon.
socialized housing, pre-empting possession by
A, with a bolo in hand, replied that the land
occupying the same.
belongs to the family of S, and not to X and at the
same time said, “If you touch this land and my palay,
blood will flow on this ground.” Because of the said
remark, X went to the Chief of Police and
complained. The Chief of Police filed a complex
ARTICLE 313 crime of Usurpation of Real Property with Grave
Threats.
ALTERING BOUNDARIES OR LANDMARKS
What crime/s were committed? (1989 Bar)
Art. 313. Altering boundaries or landmarks.— Any person who
shall alter the boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same, shall be punished A: The crime committed by A and B is squatting under
by arresto menor or a fine not exceeding Twenty thousand PD 772 and not Usurpation of Real Property because in
pesos (₱20,000), or both. the latter crime, there must be violence against or
intimidation of persons employed in taking possession
of any real property or in usurping any real rights in
1. ELEMENTS property belonging to another (Art. 312, RPC). In this
case, it appears that A and B entered X’s land without
a) That there be BOUNDARY MARKS or the owner’s consent or against his will but without any
monuments, towns, provinces, or estates, or violence against or intimidation of persons.
any other marks intended to designate the
boundaries of the same, and The crime of squatting is committed by any
person, who, with the use of force, intimidation or
b) That the offender ALTERS said boundary threat, or taking advantage of the absence or
marks. tolerance of the landowner, succeeds in occupying or
possessing the property of the latter against his will
for residential, commercial or any other purposes.
2. ALTERING The threat uttered by A, not having been used in
the taking of possession of the land, it is not absorbed
-it is understood in its general and indefinite
in the crime of squatting. When A threatened X that
meaning. Any alteration is enough to constitute the
blood will flow if X touches the land and his palay, he
material element of the crime.
committed the crime of grave threats by threatening
another with the infliction of a wrong amounting to a
crime. Only A is criminally liable for the crime of grave
3. INTENT TO GAIN OR INTENT TO DEFRAUD IS NOT threats.
NECESSARY
CHAPTER FIVE
CULPABLE INSOLVENCY
ARTICLE 314
FRAUDELENT INSOLENCY
1. ELEMENTS (DAP)
2. HOW COMMITTED
CHAPTER SIX the bank, or his funds deposited therein were not sufficient to
cover the amount of the check. The failure of the drawer of
SWINDLING AND OTHER DECEITS the check to deposit the amount necessary to cover his check
within three (3) clays from receipt of notice from the bank
and/or the payee or holder that said check has been
dishonored for lack or insufficiency of funds shall be prime
ARTICLE 315 facie evidence of deceit constituting false pretense or
fraudulent act.
SWINDLING (ESTAFA)
Any person who shall defraud another by means of false
Art. 315. Swindling (estafa).— Any person who shall defraud pretenses or fraudulent acts as defined in paragraph 2(d)
another by any of the means mentioned hereinbelow shall be hereof shall be punished by:
punished by:
1st The penalty of reclusion temporal in its maximum
1st. The penalty of prisión correccional in its maximum period, if the amount of fraud is over Four million four
period to prisión mayor in its minimum period, if the amount hundred thousand pesos (₱4,400,000) but does not exceed
of the fraud is over Two million four hundred thousand pesos Eight million eight hundred thousand pesos (₱8,800,000). If
(₱2,400,000) but does not exceed Four million four hundred the amount exceeds the latter, the penalty shall be reclusion
thousand pesos (₱4,400,000), and if such amount exceeds the perpetua.
latter sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for each 2nd. The penalty of reclusion temporal in its minimum
additional Two million pesos (₱2,000,000); but the total and medium periods, if the amount of the fraud is over Two
penalty which may be imposed shall not exceed twenty years. million four hundred thousand pesos (₱2,400,000) but does
In such cases, and in connection with the accessory penalties not exceed Four million four hundred thousand pesos
which may be imposed and for the purpose of the other (₱4,400,000).
provisions of this Code, the penalty shall be termed prisión
mayor or reclusion temporal, as the case may be. 3rd. The penalty of prisión mayor in its maximum
period, if the amount of the fraud is over One million two
2nd. The penalty of prisión correccional in its minimum hundred thousand pesos (₱1,200,000) but does not exceed
and medium periods, if the amount of the fraud is over One Two million four hundred thousand pesos (₱2,400,000).
million two hundred thousand pesos (₱1,200,000) but does not
exceed Two million four hundred thousand pesos 4th. The penalty of prisión mayor in its medium period,
(₱2,400,000). if such amount is over Forty thousand pesos (₱40,000) but
does not exceed One million two hundred thousand pesos
3rd. The penalty of arresto mayor in its maximum period (₱1,200,000).
to prisión correccional in its minimum period, if such amount
is over Forty thousand pesos (₱40,000) but does not exceed 5th. By prisión mayor in its minimum period, if such
One million two hundred thousand pesos (₱1,200,000). amount does not exceed Forty thousand pesos (₱40,000).
b) By means of FALSE pretenses or fraudulent -The act of using or disposing of another’s property as
acts: if it was one’s own; Thing has been devoted to a
purpose or use other than that agreed upon.
i. Using FICTITIOUS name or false
pretenses and other similar deceit; c) Material Possession
ii. By ALTERING the quality, fineness or -The actual physical possession of personal property,
weight of anything pertaining to his art where the possessor cannot claim a better right to such
or business; property than that of its owner.
c) That such misappropriation or conversion or GR. DEMAND NEED NOT BE FORMAL OR WRITTEN
denial is to the PREJUDICE of another; and
EX:
d) That there be DEMAND made by the
offended party to the offender. (i) When the offender’s obligation to comply is
subject to a period (People v. Librea); and
a) Misappropriation
-The act if taking something for one’s own benefit. 6. IS NOVATION A GROUND TO EXTINGUISH CRIMINAL
LIABILITY UNDER ESTAFA?
b) Conversion
No. Novation is not one of the grounds for the of a bank teller. Her possession is the possession of the
extinguishment of criminal liability under Art 89 of the bank. Thus, she only received physical and not juridical
RPC. possession of the missing cash.
However, where such novation occurs before the Bank only receives the material possession of
criminal liability for estafa has been incurred, that is money deposited with them and not the juridical
when not all the elements therefore are present, then possession.
no criminal liability attaches.
1. ELEMENTS
8. ESTAFA WITH ABUSE OF CONFIDENCE vs
MALVERSATION a) That the paper with the signature of the
offended party be in BLANK;
ESTAFA WITH ABUSE OF MALVERSATION
CONFIDENCE b) That the offended party should have
DELIVERED it to the offender;
Offenders are entrusted with funds or property.
c) That above the signature of the offended
Both are continuing offenses. party a document is WRITTEN by the
offender without authority to do so; and
As to the funds /property involved
d) That the document so written creates a
Private Usually public LIABILITY of, or causes damage to the
As to the offender offended party or any third person.
iv. Property;
v. Credit;
vi. Agency; or
b) PAR 2-B
c) PAR 2-C
d) PAR 2-D
ELEMENTS
e) PAR 2-E
3. PAR 2-C
Illegal Recruitment
Economic Sabotage:
“3. By arresto menor or a fine of not less than the value of the
damage caused and not more than Forty thousand pesos
(₱40,000), if the amount involved does not exceed Forty
thousand pesos (₱40,000) or cannot be estimated.”