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Criminal Law 2 | Elements Summary | March 18, 2017

ANTI-WIRE TAPPING LAW RA 4200


Acts Penalized: Inadmissibility in evidence:
1) It shall be unlawful for any person, Any communication or spoken
not being authorized by all the parties word, or the existence, contents,
to any private communication or substance, purport, effect or meaning
spoken word: of the same or any part thereof, or any
information therein contained
a) To tap any wire or cable, or
obtained or secured by any person in
b) By using any other device or violation of the preceding sections of
arrangement, to secretly this Act shall not be admissible in
overhear, intercept, or record evidence in any judicial, quasi-judicial,
such communication or spoken legislative or administrative hearing or
word by using a device investigation.
commonly known as a
Dictaphone or dictagraph or
detecta-phone or walkie-talkie * An extension telephone cannot be
or tape-recorder, or however placed in the same category as a
otherwise described. Dictaphone, dictagraph or the other
devices enumerated in Section 1 of RA
4200 as the use thereof cannot be
2) It shall also be unlawful for any considered as tapping the wire or
person, be he a participant or not in cable of a telephone line. (Ganaan v.
the act or acts penalized in the next IAC, 145 SCRA 112)
preceding sentence:
a) To knowingly possess any
tape record, wire record, disc
record, or any other such (IV) Title Ten CRIMES AGAINST
record, or copies thereof, of any PROPERTY
communication or spoken word
secured either before or after Chapter One
the effective date of this Act in
ROBBERY IN GENERAL
the manner prohibited by this
law; or ART. 293. WHO ARE GUILTY OF
ROBBERY.
b) To replay the same for any
other person or persons; or Elements:
c) To communicate the contents 1) Offender unlawfully takes the
thereof, either verbally or in personal property of another.
writing; or
2) The personal property
d) To furnish transcriptions belongs to another person.
thereof, whether complete or
partial, to any other person. 3) Intent to gain in taking the
property.
Criminal Law 2 | Elements Summary | March 18, 2017

4) Taking is with violence and covered by subdivisions 3 and 4


intimidation or force upon of said Article 263.
things.

ART. 295. ROBBERY WITH


ART. 294. ROBBERY WITH PHYSICAL INJURIES, COMMITTED
VIOLENCE AGAINST OR IN AN UNINHABITED PLACE AND
INTIMIDATION OF PERSONS BY A BAND.
Punishable acts: Punishable acts:
1) When by reason or on 1) In an inhabited place.
occasion of the robbery, the
2) By a band
crime of homicide shall have
been committed. 3) By attacking a moving train,
street car, motor vehicle or
2) When the robbery shall have
airship
been accompanied by rape or
intentional mutilation, or if by 4) By entering the passengers
reason or on occasion of such compartments in a train or, in
robbery, any of the physical any manner, taking the
injuries penalized in subdivision passengers thereof by surprise
1 of Article 263 shall have been in the respective conveyances
inflicted, or the person robbed
shall have been held for ransom 5) On a street, road, highway or
or deprived of his liberty for alley and the intimidation is
more than one day. with use of firearms.

3) When by reason or on Qualifying circumstance:


occasion of the robbery, any of Penalty next higher in degree
the physical injuries penalized shall be imposed upon the leader of
in subdivision 2 of the article the band.
mentioned in the next
preceding paragraph, shall have
been inflicted.
ART. 296. DEFINITION OF A BAND
4) Violence or intimidation AND PENALTY INCURRED BY
employed in the commission of MEMBERS THEREOF.
the robbery shall have been
Elements:
carried to a degree clearly
unnecessary for the commission 1) More than three armed
of the crime, or when in the malefactors.
course of its execution, the
offender shall have inflicted 2) Take part in the commission
upon any person not of a robbery.
responsible for its commission 3) The others members of the
any of the physical injuries band committed an assault
Criminal Law 2 | Elements Summary | March 18, 2017

4) He did not attempt to prevent 1) With intent to defraud


the assault another
Qualifying circumstances: 2) By means of violence or
intimidation
1) Member of the band who is
present at the commission of a 3) Compel him to sign, execute
robbery by the band, shall be or deliver any public instrument
punished as principal of any of or document
the assaults committed by the
band.
ART. 299. ROBBERY IN AN
2) Member of a band who is
INHABITED HOUSE OR PUBLIC
present at the commission of a
BUILDING OR EDIFICE DEVOTED TO
robbery in an uninhabited place
WORSHIP.
and by a band, shall be
punished as principal of any of Elements:
the assaults committed by the
band. 1) The malefactors shall enter
the house or building in which
the robbery was committed, by
any of the following means:
ART. 297. ATTEMPTED AND
FRUSTRATED ROBBERY a) Through an opening
COMMITTED UNDER CERTAIN not intended for entrance
CIRCUMSTANCES. or egress;
Elements: b) By breaking any wall,
roof, or floor or breaking
1) Attempted or frustrated
any door or window;
robbery
c) By using false keys,
2) Homicide is committed the
picklocks or similar tools;
person guilty of such offenses
d) By using any fictitious
Qualifying circumstances: name or pretending the
exercise of public
Reclusin temporal in its
authority;
maximum period to reclusin
perpetua, unless the homicide 2) The robbery be committed
committed shall deserve a higher under any of the following
penalty under the provisions of this circumstances:
Code.
Qualifying circumstances:
1) Prisin mayor in its medium
ART. 298. EXECUTION OF DEEDS period to reclusin temporal in
BY MEANS OF VIOLENCE OR its minimum period, if the value
INTIMIDATION. of the property taken shall
exceed 250 pesos.
Elements:
Criminal Law 2 | Elements Summary | March 18, 2017

2) When the offenders do not 1) Inhabited house means any


carry arms, and the value of the shelter, ship or vessel
property taken exceeds 250 constituting the dwelling of one
pesos, the penalty next lower in or more persons, even though
degree shall be imposed. the inhabitants thereof shall
temporarily be absent
3) The same rule shall be
therefrom when the robbery is
applied when the offenders are
committed.
armed, but the value of the
property taken does not exceed 2) "Deemed dependencies" of
250 pesos. an inhabited house, public
building or building dedicated to
4) When said offenders do not
religious worship includes all
carry arms and the value of the
interior courts, corrals,
property taken does not exceed
warehouses, granaries, barns,
250 pesos, they shall suffer the
coach-houses, stables or other
penalty prescribed in the two
departments or inclosed places
next preceding paragraphs, in
contiguous to the building or
its minimum period.
edifice, having an interior
5) Robbery be committed in one entrance connected therewith,
of the dependencies of an and which form part of the
inhabited house, public building, whole.
or building dedicated to
3) Orchards and other lands
religious worship, the penalties
used for cultivation or
next lower in degree than those
production are not included in
prescribed in this article shall be
the terms of the next preceding
imposed.
paragraph, even if closed,
contiguous to the building and
having direct connection
ART. 300. ROBBERY IN AN therewith.
UNINHABITED PLACE AND BY A
BAND. 4) Public building includes
every building owned by the
Robbery mentioned in the next Government or belonging to a
preceding article, if committed in an private person but used or
uninhabited place and by a band, shall rented by the Government,
be punished by the maximum period although temporarily
of the penalty provided therefor. unoccupied by the same.

ART. 301. WHAT IS AN INHABITED ART. 302. ROBBERY IN AN


HOUSE, PUBLIC BUILDING OR UNINHABITED PLACE OR IN A
BUILDING DEDICATED TO PRIVATE BUILDING.
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES. Elements:
Criminal Law 2 | Elements Summary | March 18, 2017

1) Robbery committed in an degree than those provided in


uninhabited place or in a said articles.
building
2) Any of the following
Art. 303. Robbery of Cereals,
circumstances is present:
Fruits, or Firewood in an
a) If the entrance has Uninhabited Place or Private
been effected through Building.
any opening not intended
In cases enumerated in articles 299
for entrance or egress.
and 302, when the robbery consists in
b) If any wall, roof, floor the taking of cereals, fruits, or
or outside door or window firewood, the culprit shall suffer the
has been broken. penalty next lower in degree than that
prescribed in said articles.
c) If the entrance has
been effected through
the use of false keys,
ILLEGAL FISHING
picklocks or other similar
tools. RA 8550, sec. 86
d) If any door, wardrobe, THE PHILIPPINE FISHERIES CODE
chest, or any sealed or OF 1998 (RA No. 8550)
closed furniture or
receptacle has been SECTION 86. Unauthorized Fishing or
broken. e) If any closed or Engaging in Other Unauthorized
sealed receptacle, as Fisheries Activities. - No person shall
mentioned in the exploit, occupy, produce, breed,
preceding paragraph, has culture, capture or gather fish, fry or
been removed, even if fingerlings of any fisheries species or
the same be broken open fishery products, or engage in any
elsewhere. fishery activity in Philippine waters
without a license, lease or permit.
Qualifying circumstances:
1) When the value of the
property taken does not exceed Discovery of any person in an area
250 pesos, the penalty next where he has no permit or registration
lower in degree shall be papers for a fishing vessel shall
imposed. constitute a prima facie presumption
that the person and/or vessel is
2) In the cases specified in engaged in unauthorized fishing:
Articles 294, 295, 297, 299, Provided, That fishing for daily food
300, and 302 of this Code, when sustenance or for leisure which is not
the property taken is large for commercial, occupation or
cattle, the offender shall suffer livelihood purposes may be allowed.
the penalties next higher in
Criminal Law 2 | Elements Summary | March 18, 2017

It shall be unlawful for any commercial forest lands in violation of existing


fishing vessel to fish in bays and in laws, rules and regulation shall be
such other fishery management areas guilty of the crime of qualified theft as
which may hereinafter be declared as defined and penalized under Articles
over-exploited. 308, 309 and 310 of the Revised Penal
Code; Provided, That if the offender is
a corporation, firm, partnership or
Any commercial fishing boat captain or association, the penalty shall be
the three (3) highest officers of the imposed upon the guilty officer or
boat who commit any of the above officers, as the case may be, of the
prohibited acts upon conviction shall corporation, firm, partnership or
be punished by a fine equivalent to association, and if such guilty officer
the value of catch or Ten thousand or officers are aliens, in addition to the
pesos (P 10,000.00) whichever is penalty herein prescribed, he or they
higher, and imprisonment of six (6) shall be deported without further
months, confiscation of catch and proceedings on the part of the
fishing gears, and automatic Commissioned of Immigration and
revocation of license. Deportation.
PD 705, Sec 68

It shall be unlawful for any person not Section 68. Cutting, gathering and/or
listed in the registry of municipal collecting timber or other products
fisherfolk to engage in any commercial without license. Any person who shall
fishing activity in municipal waters. cut, gather, collect, or remove timber
Any municipal fisherfolk who commits or other forest products from any
such violation shall be punished by forest land, or timber from alienable
confiscation of catch and a fine of Five and disposable public lands, or from
hundred pesos (P 500.00). private lands, without any authority
under a license agreement, lease,
license or permit, shall be guilty of
ILLEGAL LOGGING qualified theft as defined and punished
under Articles 309 and 310 of the
PD 330 Revised Penal Code; Provided, That in
the case of partnership, association or
PENALIZING TIMBER SMUGGLING OR
corporation, the officers who ordered
ILLEGAL CUTTING OF LOGS FROM
the cutting, gathering or collecting
PUBLIC FORESTS AND FOREST
shall be liable, and if such officers are
RESERVES AS QUALIFIED THEFT
aliens, they shall, in addition to the
Section 1. Any person, whether natural penalty, be deported without further
or juridical, who directly or indirectly proceedings on the part of the
cuts, gathers, removes, or smuggles Commission on Immigration and
timber, or other forest products, either Deportation.
from any of the public forest, forest
The Court shall further order the
reserves and other kinds of public
confiscation in favor of the
forests, whether under license or
government of the timber or forest
lease, or from any privately owned
Criminal Law 2 | Elements Summary | March 18, 2017

products to cut, gathered, collected or (a) The penalty of prision mayor, if the
removed, and the machinery, value of the property involved is more
equipment, implements and tools used than 12,000 pesos but not exceeding
therein, and the forfeiture of his 22,000 pesos; if the value of such
improvements in the area. property exceeds the latter sum, the
penalty provided in this paragraph
The same penalty plus cancellation of
shall be imposed in its maximum
his license agreement, lease, license
period, adding one year for each
or permit and perpetual
additional 10,000 pesos; but the total
disqualification from acquiring any
penalty which may be imposed shall
such privilege shall be imposed upon
not exceed twenty years. In such
any licensee, lessee, or permittee who
cases, the penalty shall be termed
cuts timber from the licensed or
reclusion temporal and the accessory
leased area of another, without
penalty pertaining thereto provided in
prejudice to whatever civil action the
the Revised Penal Code shall also be
latter may bring against the offender.
imposed.
(b) The penalty of prision correccional
FENCING: in its medium and maximum periods,
if the value of the property robbed or
PD 1612 stolen is more than 6,000 pesos but
Section 1. Title. This decree shall be not exceeding 12,000 pesos.
known as the Anti-Fencing Law. (c) The penalty of prision correccional
Section 2. Definition of Terms. The in its minimum and medium periods, if
following terms shall mean as follows: the value of the property involved is
more than 200 pesos but not
(a) "Fencing" is the act of any person exceeding 6,000 pesos.
who, with intent to gain for himself or
for another, shall buy, receive, (d) The penalty of arresto mayor in its
possess, keep, acquire, conceal, sell or medium period to prision correccional
dispose of, or shall buy and sell, or in in its minimum period, if the value of
any other manner deal in any article, the property involved is over 50 pesos
item, object or anything of value which but not exceeding 200 pesos.
he knows, or should be known to him, (e) The penalty of arresto mayor in its
to have been derived from the medium period if such value is over
proceeds of the crime of robbery or five (5) pesos but not exceeding 50
theft. pesos.
(b) "Fence" includes any person, firm, (f) The penalty of arresto mayor in its
association corporation or partnership minimum period if such value does not
or other organization who/which exceed 5 pesos.
commits the act of fencing.
Section 3. Penalties. Any person guilty
of fencing shall be punished as CATTLE RUSTLING
hereunder indicated:
PD 533
Criminal Law 2 | Elements Summary | March 18, 2017

Section 1. Title. This Decree shall be officers and employees. All public
known as the "Anti-Cattle Rustling Law officials and employees concerned
of 1974." with the registration of large cattle are
required to observe strict adherence
Section 2. Definition of terms. The
with pertinent provisions of Chapter
following terms shall mean and be
22, Section 511 to 534, of the Revised
understood to be as herein defined:
Administrative Code, except insofar as
a. Large cattle as herein used shall they may be inconsistent with the
include the cow, carabao, horse, mule, provisions of this Decree.
ass, or other domesticated member of
Section 5. Permit to buy and sell large
the bovine family.
cattle. No person, partnership,
b. Owner/raiser shall include the association, corporation or entity shall
herdsman, caretaker, employee or engage in the business of buy and sell
tenant of any firm or entity engaged in of large cattle without first securing a
the raising of large cattle or other permit for the said purpose from the
persons in lawful possession of such Provincial Commander of the province
large cattle. where it shall conduct such business
and the city/municipal treasurer of the
c. Cattle rustling is the taking away by place of residence of such person,
any means, method or scheme, partnership, association, corporation
without the consent of the or entity. The permit shall only be valid
owner/raiser, of any of the above- in such province.
mentioned animals whether or not for
profit or gain, or whether committed Section 6. Clearance for shipment of
with or without violence against or large cattle. Any person, partnership,
intimidation of any person or force association, corporation or entity
upon things. It includes the killing of desiring to ship or transport large
large cattle, or taking its meat or hide cattle, its hides, or meat, from one
without the consent of the province to another shall secure a
owner/raiser. permit for such purpose from the
Provincial Commander of the province
Section 3. Duty of owner/raiser to where the large cattle is registered.
register. The owner/raiser shall, before Before issuance of the permit herein
the large cattle belonging to him shall prescribed, the Provincial Commander
attain the age of six months, register shall require the submission of the
the same with the office of the certificate of ownership as prescribed
city/municipal treasurer where such in Section 3 hereof, a certification from
large cattle are raised. The the Provincial Veterinarian to the effect
city/municipality concerned may that such large cattle, hides or meat
impose and collect the fees authorized are free from any disease; and such
by existing laws for such registration other documents or records as may be
and the issuance of a certificate of necessary. Shipment of large cattle, its
ownership to the owner/raiser. hides or meat from one
Section 4. Duty of city/municipal city/municipality to another within the
treasurers and other concerned public same province may be done upon
securing permit from the
Criminal Law 2 | Elements Summary | March 18, 2017

city/municipal treasurer of the place of


origin.
THEFT OF ELECTRICITY, ILLEGAL
Section 7. Presumption of cattle WATER OR
rustling. Every person having in his
TELEPHONE CONNECTIONS
possession, control or custody of large
cattle shall, upon demand by RA 7832
competent authorities, exhibit the
documents prescribed in the AN ACT PENALIZING THE PILFERAGE
preceding sections. Failure to exhibit OF ELECTRICITY AND THEFT OF
the required documents shall be prima POWER TRANSMISSION
facie evidence that the large cattle in LINES/MATERIALS, RATIONALIZING
his possession, control or custody are SYSTEM LOSSES BY PHASING OUT
the fruits of the crime of cattle PILFERAGE LOSSES AS A COMPONENT
rustling. THEREOF, AND FOR OTHER PURPOSES.

Section 8. Penal provisions. Any Section 1. Short Title. This Act


person convicted of cattle rustling as shall be referred to as the "Anti-
herein defined shall, irrespective of the Electricity and Electric Transmission
value of the large cattle involved, be Lines/Materials Pilferage Act of 1994."
punished by prision mayor in its Sec. 2. Illegal Use of Electricity.
maximum period to reclusion temporal It is hereby declared unlawful for any
in its medium period if the offense is person, whether natural or juridical,
committed without violence against or public or private, to:
intimidation of persons or force upon
things. If the offense is committed with (a) Tap, make or cause to be
violence against or intimidation of made any connection with overhead
persons or force upon things, the lines, service drops, or other electric
penalty of reclusion temporal in its service wires, without previous
maximum period to reclusion perpetua authority or consent of the private
shall be imposed. If a person is electric utility or rural electric
seriously injured or killed as a result or cooperative concerned;
on the occasion of the commission of
(b) Tap, make or cause to be
cattle rustling, the penalty of reclusion
made any connection to the existing
perpetua to death shall be imposed.
electric service facilities of any duly
When the offender is a government registered consumer without the
official or employee, he shall, in latter's or the electric utility's consent
addition to the foregoing penalty, be or authority;
disqualified from voting or being voted
(c) Tamper, install or use a
upon in any election/referendum and
tampered electrical meter, jumper,
from holding any public office or
current reversing transformer, shorting
employment.
or shunting wire, loop connection or
When the offender is an alien, he shall any other device which interferes with
be deported immediately upon the the proper or accurate registry or
completion of the service of his metering of electric current or
sentence without further proceedings.
Criminal Law 2 | Elements Summary | March 18, 2017

otherwise result in its diversion Sec. 3. Organization of Joint Executive-


whereby electricity is stolen or wasted; Legislative Water Crisis Commission.-
Within thirty (30) days after the
(d) Damage or destroy an
effectivity of this Act, there shall be
electric meter, equipment, wire or
organized a Joint Executive -Legislative
conduit or allow any of them to be so
Water Crisis Commission. The
damaged or destroyed as to interfere
Commission shall be chaired by the
with the proper or accurate metering
Executive Secretary, with the
of electric current; and
secretaries of the Department of
(e) Knowingly use or receive the Public Works and Highways and the
direct benefit of electric service Department of Environment and
through any of the acts mentioned in Natural Resources, and the chairmen
subsections (a), (b), (c), and (d) above. of the appropriate Senate and House
committees, as designated by the
leaders of both Houses of Congress, as
RA 8041 well as a representative of the
minority from each House , as
REPUBLIC ACT NO. 8041 members.
AN ACT TO ADDRESS THE NATIONAL There shall be a technical staff
WATER CRISIS AND FOR OTHER constituted by by representatives of
PURPOSES. the National Water Resources Board
(NAIROBI) , the Metropolitan
Waterworks and Sewerage System
Sec. 1 Short Title. - This Act shall be (MWSS) , the Local Water Utilities
shown as the "National Water Crisis Administration (LWUA), the
Act of 1995." appropriate committees of the Senate
and the House , and the certified
Sec. 2. Declaration of Policy. - It is workers' union in the affected water
hereby declared the policy of the State institutions.
to adopt urgent and effective
measures to address the nationwide
water crisis which adversely allocate
Art. 305. False Keys.
the health and well-being of the
population , food production and 1) The tools mentioned in the
industrialization process. next preceding articles.
Pursuant thereto the government shall 2) Genuine keys stolen from the
address the issues relevant to the owner.
water crisis including, but not limited
to, supply, distribution, finance, 3) Any keys other than those
privatization of state-run water intended by the owner for use in
facilities, the protection and the lock forcibly opened by the
conservation of watersheds and the offender.
waste and pilferage of water, including Art 306
the serious matter of graft and
corruption in all the water agencies. Chapter Two BRIGANDAGE
Criminal Law 2 | Elements Summary | March 18, 2017

Art. 306. Who are Brigands of violence against or other unlawful


means, committed by any person on
Elements:
any Philippine Highway. Any person
1) When three or more armed who aids or protects highway robbers
persons or abets the commission of highway
robbery or brigandage shall be
2) Form a band of robbers considered as an accomplice.
3) Purpose NOTE: Philippine highway shall refer to
a) committing robbery in any road, street, passage, highway
the highway and bridges or other parts thereof, or
railway or railroad within the
b) kidnapping persons for Philippines used by persons, or
the purpose of extortion vehicles, or locomotives or trains for
or to obtain ransom the movement or circulation of
persons or transportation of goods,
c) attained by means of
articles, or property or both.
force and violence, they
shall be deemed highway
robbers or brigands.
Art 308 Theft
Qualifying circumstances:
Art. 308. Who are Liable for Theft.
1) Prisin mayor in its medium period
to reclusin temporal in its minimum 1) Taking of personal property
period if the act or acts committed by 2) Belongs to another
them are not punishable by higher
penalties, in which case, they shall 3) With intent to gain
suffer such higher penalties.
4) Without violence against or
2) If any of the arms carried by any of intimidation of persons nor force
said persons be an unlicensed firearm, upon things
it shall be presumed that said persons
5) Take personal property of
are highway robbers or brigands, and
another without the latters
in case of conviction, the penalty shall
consent.
be imposed in the maximum period.

Theft is likewise committed by:


P.D. 532
1) Any person who
PD 532 THE ANTI-HIGHWAY
ROBBERY LAW OF 1974 a) Having found lost property
shall fail
b) Fail deliver the same to the
Highway robbery or brigandage It is
local authorities or to its owner;
the seizure for ransom, extortion or
other unlawful purposes or the taking 2) Any person who
away of property of another by means
Criminal Law 2 | Elements Summary | March 18, 2017

a) After having maliciously ANTI-CARNAPPING ACT (RA 6539)


damaged the property of
Ways of committing Carnapping
another
1) When the subject matter is a
b) Remove or make use of the
motor vehicle and the motor
fruits or object of the damage
vehicle is unlawfully taken
caused by him
through violence, threat or
3) Any person who intimidation;
a) Enter an enclosed estate or a 2) In any other unlawful means.
field where trespass
Elements:
b) Forbidden or which belongs
1) That there is an actual taking
to another and without the
of the vehicle; 2) That the
consent of its owner
vehicle belongs to a person
c) Shall hunt or fish upon the other than the offender himself;
same or shall gather fruits,
3) That the taking is without the
cereals, or other forest or farm
consent of the owner thereof; or
products.
that the taking was committed
Art 310 Qualified Theft by means of violence against or
intimidation of persons, or by
Art. 310. Qualified Theft.
using force upon things; and
Persons liable:
4) That the offender intends to
1) Committed by a domestic gain from the taking of the
servant vehicle.

2) Committed with grave abuse


of confidence
Art 312
3) If property stolen is large
Chapter Four USURPATION
cattle, motor vehicle, mail
matter
4) Consists of coconuts taken ART. 312. Occupation of Real
from plantation Property or Usurpation of Real
Rights in Property.
5) Fish taken from a fishpond or
fishery.
6) If property is taken on the Punishable acts:
occasion of fire, earthquake,
1) Any person who, by means of
typhoon, volcanic eruption, or
violence against or intimidation of
any other calamity
persons
2) Take possession of any real property
R.A 6539 or shall usurp any real rights in
property belonging to another
Criminal Law 2 | Elements Summary | March 18, 2017

Elements: Elements:
1) Offender takes possession of 1) Under paragraph (a):
any real property or usurps any
a) Offender has an onerous
real rights in property. 2) Real
obligation to deliver something
property or real rights belongs
of value
to another.
b) He alters its substance,
3) Violence against or
quantity, or quality
intimidation of persons is used
by the offender in occupying c) Damage or prejudice is
real property or usurping real caused to another
rights in property.
4) There is intent to gain.
2) Under paragraph (b):
Art 315 Estafa
a) Money, goods, or other
Chapter Six SWINDLING AND personal property is received by
OTHER DECEITS the offender in trust, or on
commission, or for
ART. 315. Swindling (Estafa)
administration, or under any
Elements of estafa in general: other obligation involving the
duty to make delivery of, or to
1) Accused defrauded another
return, the same
by abuse of confidence or by
means of deceit. b) There is misappropriation or
conversion of such money or
Ways of committing estafa:
property by the offender, or
a) With unfaithfulness or denial on his part of such
abuse of confidence receipt

b) By means of false c) Such misappropriation or


pretenses or fraudulent conversion or denial is to the
acts; or prejudice of another; and

c) Through fraudulent d) There is a demand made by


means the offended party to the
offender
2) Damage or prejudice
capable of pecuniary estimation
is caused to the offended party
3) Under paragraph (c):
or third person.
a) The paper with the signature
of the offended party is in blank;
Estafa with unfaithfulness or abuse of
b) Offended party delivered it to
confidence
the offender; c) Above the
signature of the offended party,
a document is written by the
Criminal Law 2 | Elements Summary | March 18, 2017

offender without authority to do b) By obtaining credit at any of said


so; establishments by the use of any false
pretense c) By abandoning or
d) The document so written
surreptitiously removing any part of
creates a liability of, or causes
his baggage from any of said
damage to, the offended party
establishments after obtaining credit,
or any third person.
food, refreshment or accommodation
therein, without paying therefor

Estafa by means of false pretenses or


fraudulent acts
Estafa under par. 2 (d) of Art. 315

Elements:
Elements: 1) The postdating or
1) Under paragraph (a) issuance of a check in payment of an
obligation contracted at the time the
a) Using fictitious name check was issued; 2) Lack of
b) Falsely pretending to possess sufficiency of funds to cover the
power, influence, qualifications, check; and 3) Damage to the payee.
property, credit, agency,
business or imaginary
transactions; or c) By means of Estafa through fraudulent means
other similar deceits under Article 315 (3)

2) Under paragraph (b) Altering the


quality, fineness, or weight of anything
Elements:
pertaining to his art or business.
1) Under paragraph (a)
3) Under paragraph (c) Pretending
to have bribed any government a) Offender induced the
employee, without prejudice to the offended party to sign a
action for calumny which the offended document.
party may deem proper to bring
b) Deceit was employed to
against the offender.
make him sign the document.
4) Under paragraph (d) postdating a
c) Offended party personally
check or issuing a check in payment of
signed the document.
an obligation
d) Prejudice was caused.
5) Under paragraph (e)
2) Under paragraph (b)
a) By obtaining food, refreshment or
Resorting to some fraudulent practice
accommodation at a hotel, inn,
to insure success in a gambling game;
restaurant, boarding house, lodging
house or apartment house without 3) Under paragraph (c)
paying therefor, with intent to defraud
the proprietor or the manager thereof a) Offender removed, concealed
or destroyed.
Criminal Law 2 | Elements Summary | March 18, 2017

b) Any court record, office files, the drawee bank for the payment of
documents or any other papers. such check in full upon its
presentment, which check is
c) With intent to defraud
subsequently dishonored by the
another.
drawee bank for insufficiency of funds
or credit or would have been
dishonored for the same reason had
TRUST RECEIPTS not the drawer, without any valid
PD 115 reason, ordered the bank to stop
payment, shall be punished by
Section 1. Short Title. This Decree shall imprisonment of not less than thirty
be known as the Trust Receipts Law. days but not more than one (1) year or
by a fine of not less than but not more
Section 2. Declaration of Policy. It is
than double the amount of the check
hereby declared to be the policy of the
which fine shall in no case exceed Two
state (a) to encourage and promote
Hundred Thousand Pesos, or both such
the use of trust receipts as an
fine and imprisonment at the
additional and convenient aid to
discretion of the court.
commerce and trade; (b) to provide for
the regulation of trust receipts The same penalty shall be imposed
transactions in order to assure the upon any person who, having
protection of the rights and sufficient funds in or credit with the
enforcement of obligations of the drawee bank when he makes or draws
parties involved therein; and (c) to and issues a check, shall fail to keep
declare the misuse and/or sufficient funds or to maintain a credit
misappropriation of goods or proceeds to cover the full amount of the check if
realized from the sale of goods, presented within a period of ninety
documents or instruments released (90) days from the date appearing
under trust receipts as a criminal thereon, for which reason it is
offense punishable under Article Three dishonored by the drawee bank.
hundred and fifteen of the Revised
Penal Code Where the check is drawn by a
corporation, company or entity, the
person or persons who actually signed
the check in behalf of such drawer
B.P. Blg 22
shall be liable under this Act.
AN ACT PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK
WITHOUT SUFFICIENT FUNDS OR SWINDLING BY SYNDICATE
CREDIT AND FOR OTHER PURPOSES.
PD 1689
Section 1. Checks without sufficient
funds. - Any person who makes or INCREASING THE PENALTY FOR
draws and issues any check to apply CERTAIN FORMS OF SWINDLING
on account or for value, knowing at OR ESTAFA
the time of issue that he does not Section 1. Any person or persons who
have sufficient funds in or credit with shall commit estafa or other forms of
Criminal Law 2 | Elements Summary | March 18, 2017

swindling as defined in Article 315 and banks, cooperative, "samahang


316 of the Revised Penal Code, as nayon(s)", or farmers association, or of
amended, shall be punished by life funds solicited by
imprisonment to death if the swindling corporations/associations from the
(estafa) is committed by a syndicate general public.
consisting of five or more persons
When not committed by a syndicate as
formed with the intention of carrying
above defined, the penalty imposable
out the unlawful or illegal act,
shall be reclusion temporal to
transaction, enterprise or scheme, and
reclusion perpetua if the amount of
the defraudation results in the
the fraud exceeds 100,000 pesos.
misappropriation of money contributed
by stockholders, or members of rural