ea a — Wess Conspiracy Is presumed when 4 or more armed persons committed robbery. = In robbery committed by @ band, olf are liable for any assault committed by the bend, unless the others attempted to prevent the assault. NOTE: The special aggravating circumstance of "use of unlicensed firearm" mentioned in Article 256 is applicable only to cases of robbery committed by a band therein defined, which fell within the scope of and are punishable under Article 285 (as amended) in relation to subdivisions (3), (4) and (5) of Article 294, ‘Art, 297. Attempted or frustrated robbery with homicide committed under certain circumstances ‘+ Same penalty, whether robbery is attempted or frustrated, ‘as longis homicide is committed by reason or on occasion thereof. ‘+ Where the offense is attempted or frustrated robbery with serious physical injuries, Art. 48 (complex crimes) Is applicable, ‘Art. 298. Execution of deeds by means of violence or intimidation Elements: 1L.That the offender has intent to defraud another; 2. That the offender compels him to sign, execute, oF deliver any public Instrument or document; and 3. That the compulsion is by means of violence or Intimidation. ‘This article is not applicable if the document is void. ‘¢ Applies even if document signed, executed or delivered isa private or commercial document. Section 2. ~ Robbery by theuse of force upon things ‘Art. 299. Robbery in an inhabited house or pubic bullding or edifice devoted to worship Elements of robbery with force upon things under subdivision 1. That the offender entered (2) an inhabited house, or (b) public building, or (c} edifice devoted to religious worship; 2. That the entrance was effected by any of the following et) : ATE N E O a ee |. Through an opening not intended for entrance or egress, . By breaking any wall, root, or floor or breaking. any door or window, & By using alse keys, picklocks or similar tools, or 4. By using any fictitious name or pretending the ‘exercise of pubic authority; and 3. That ance inside the building, the offender took personal property belonging to another with intent to ain, INHABITED HOUSE, DEFINED Inhabited house Is any shelter, ship oF vessel constituting the ‘dwelling of one or more person even though temporarily absent therelfom when robbery is committed. It _ includes dependencies, courts, corals, barns, etc. It does not Include ‘orchards and lands for cultivation. IF THERE 1S NO ENTRY THERE IS NO ROBBERY In robbery by use of force upon things, it is necessary that ‘offender enters the building or where object may be found. ‘When there was na entry, no robbery was committed, ‘THE ENTIRE BODY MUST BE INSIDE THE PLACE TO CONSTITUTE ENTERING ‘Whole body must be inside the house, public building or place devoted to worship to constitute entering. ‘THERE MUST BE INTENTION TO TAKE PERSONAL PROPERTY {In entering the building, the offender must have an intention to ‘take personat property (People vs. Tayag) PUBLIC BUILDING Public building includes every building owned, rented or used by the government although owned by private persons of temporarily vacant. WHEN OFFENDER GOES OUT OF WINDOW IT IS THEFT Passing through an open door but getting out of a window is not robbery but theft. OUTSIDE DOOR MUST BE BROKEN OR SMASHED TO ‘CONSTITUTE ROBBERY ‘To constitute robbery, the outside door must be broken or ‘smashed. If the lock was merely removed or door was merely pushed, crime is only theft. FALSE KEYS ARE GENUINE KEYS STOLEN FROM OWNER False keys are genuine keys stolen from the owner or any keys ‘other than those intended by the owner for use in the lock w/e ‘was forcibly opened by the offender. Advisers: Ay, Ronald Chua; Aty. Brady De Castro Heads: Nina Mejia; iv Ventura Understudy: And Dimatants; Lala Colma; StarSularbal; Andrea ‘Katpuan Volunter: Janeca Naboya ~PicKtocks Picklocks are these specially adopted for commission of the robbery. ‘THE KEY MUST NOT BE STOLEN BY FORCE, OTHERWISE IT 1s ROBBERY The key must have been stolen not by force. Otherwise, i's robbery by violence and intimidation against persons. FALSE KEY MUST BE USED IN OPENING HOUSE False key must have been used in opening house and not any furniture inside, Ctherwise, the crime is oniy theft. ‘GENERAL RULE: if folze key/picklock was used to open an inside door (Ex. door of a room) and offender took personel property, ‘the crime is only theft. EXCEPTION: Ifthe room is a separate dwelling place, crime Is robbery, FICTOUS NAME MUST BE COMMITTED FOR THE PURPOSE OF ENTERING BULDING ‘The use of fictitious name or the act of pretending to exercise ‘authority must be committed for the purpose of entering the building. Elements of robbery with force upon things under subdivision tb: 1, That the offender is inside a dwelling house, public building, oF edifice devoted to religious worship, tegardiess of the circumstances. under which he centered ity and 2. That the offender takes personal property belonging to another with intent to gain, under any of the {following circumstances: a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or b. by taking such furniture or objects away to be broken ar forced open outside the place of the robbery. NOTE: * itis not necessary that entrance was made through ‘any of the means mentioned in subdivision (a). * Offender may be servants or guests, Destruction of keyhole of cabinet is robbery under this, subsection. ‘© When sealed box is taken out for the purpose of breaking ft, crime is already consummated robbery. ‘There isno need to actualy open it inside the building from where it was taken, TT) OPERATIONS 2010 ‘+ But if the box was confided into the custody of accused and he takes the money contained therein, the crime s esata. ‘+The crime is theft Ifthe box was found outside of the building and the accused forced it open. Mitigating circumstance: 1 Offenders do not carry arms and the value of the property taken exceeds 250 pesos. 2 Offenders are armed, but the value does nat exceed 250 pesos. 3. Offenders do not carry arms and the value does not ‘exceed 250 pesos > penalty of a) or b) in minimum. period. 4. Committed in dependencies Art. 300. Robbery in en uninhabited place and by a band Robbery in an inhabited house, public building or edifice devoted to religious worship is qualified when committed bya band and in an uninhabited place. Art. 301. What is an inhabited house, publle building or building dedicated to religious worship and thei dependencies Dependencies of an inhabited house, public building or building dedicated to religious worship are all interior courts, corrals, warehouses, granaries or enclosed places: 1. contiguous to the building, having an interior entrance ‘connected therewith, and 2. forming part of the whole. A garage, in order to be considered as @ dependency of 3 hhouse, must have the 3 foregoing requirements, ‘Art. 302. Robbery in an uninhabited place or in a private building Elements: 1. That the offender entered an uninhabited place or & building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship; 2. That any ofthe following circurnstances was present: ‘That entrance was effected through an opening ‘ot intended for entrance or egress, b. Awall, r00f, floor, or outside door or window was broken, © The entrance was effected through the use of felse keys, pcklocks or other similar tools, d. A door, wardrobe, chest, or any sealed or closed fumiture or receptacle was broken; or @. Aclosed or sealed recoptacle was removed, even ifthe same be broken open elsewhere; and ‘3. That with intent to gain, the offencier took therefrom Personal property belonging to another. o + Beet —Acisors: Atty. Ronald Chum; Atty. Brady De Castro Heads: Nina Mela; VW Ventura Understudy: Andi Dimalants Lala Calm; Star Juarbal; Andrea atpuan Volunteer: Janeca Naboya ~+ This artide covers the second kind of robbery with force upon things. + Uninhabited place under this artide is an uninhabited ‘building w/c Is not a dwelling house, public bulding, oF edifice for worship. Ex warehouse, freight car, store. * Robbery under this article is committed in the same ‘manner as in Art. 299 (Robbery in inhabited, house, public building, and edifice devoted to religious worship) except that what was entered Into was an uninhabited place or a bldg. other than the 3 ‘mentioned in Art, 299. The use of fictitious name or pretending the exercise of public authority is not also Included inthis article. ‘+The breaking of padiock but not of the door is only theft ‘Art 303. Robbery of cereals, fruits, or firewood in an Uniahabited place or private builling = When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits, or frewood, the penalty is cone degree lower. ‘© The palay must be kept by the owner as “seedling” or taken for that purpose by the robbers. [Art 304, Possession of picklocks or similar tools Elements: 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; and 3. That the offender does not have lawful couse for such possession. NOTE: Actual use of the picklocks or similar tools is not necessary. ‘Art. 305. False keys False keys include: 2. picklocks or similar tools, 2. genuine keys stolen fram the owner, and 3. any key other than those intended by owner for use in the lock forcibly opened by the offender. ‘NOTE: Possession of false keys in paragraphs (b) and (c} ‘above is not punishable. ‘+ Ifthe key was entrusted to the offender and he used it to stea, crime isnot robbery but theft. Ta) OPERATIONS 2010 Chapter Two: BRIGANDAGE ‘Art, 306. Who are Brigands; Penalty “Theres brigandage when — Lat east four armed persons, 2. band of robbers, and 3. their purpose Is any ofthe f: 2. Robbery in the highway b. Kidnapping for extortion or ransom ©. Any other purpose to be abtained by means of force and violence, NOTE: Al the members of the band are presumed brigands if any of them carries an unlicensed firearm, Purposes are as enumerated in | Only to commit robbery, not Art 305, necessarily in hiway ‘Ant. 307. Aiding and abetting a band of brigands Elomer 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; and 3. That the offender does any ofthe following acts: 2. he in any manner aids, abets or protects such band of brigands, or b. he gives them information of the movements of ‘the police or other peace officers of the Government, or © he acquires or receives the property taken by such brigands. NOTE: + P.D. No. 532 defines brigandage as the sefzure of any person for: (a) ransom; (b) extortion or other unlawful purpose; oF (c) the taking away of property by wolence or Intimidation ot force upon things or other unlawful means, ‘committed by any person on any Philippine highway. ‘* The AntiCamapping Act defines camapping as the taking, with intent to gain, of a motor vehicie belonging to ancther without the latter's consent, or by means of violence _2gsinst oF intimidation of persons, or by using force upon things. This law also penalizes the defacing or tampering ‘With the origina serial number of motor vehicle engines. eet +. —Advisers: Atty. Ronald Chua; At. Brady De Castro Heads: Nina Maa; Vv Ventura Understdy: Andi Dinalanta; ale Calma; Star Jularbal; Andrea atipuan Volunteer: Janece Maboya— 127‘Chapter Three: THEFT Art. 308. who are lable for Theft Elements: 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; and 5, That the taking be accomplished without the use of violence against or intimidation of persons or force ‘upon things. ‘Tanne “Taking”: if bulky, must be taken away(when place surrounded by fence or wall), otherwise, the moment he had full possession of thing, transportation is complete; does not need a character ‘of permanency INTENT TO GAIN IS ESSENTIAL Intent to Gain ~ taking must be accompanied by intention, at the time of taking, of withholding the thing with character of permanency; presumed from unlawful taking of personal property of another ACTUAL GAIN IS NOT REQUIRED It Is not required that the offender realized actual gain in committing theft. Its sufficient that he took personal property of another with intent to gain. (MATERIAL POSSESSION V. JURIDICAL POSSESSION only custody of object (Le. only material possession) was given to the accused and itis actucly taken by him with no intent to return, the crime is theft. But if juridical possession is transferred (Ex, by 2 contract of bailment) Is given to the ‘accused and he takes the property with intent to gain, the crime Isestafa. PERSONAL PROPERTY Personal property: includes electricity and gas, promissory note ‘and check Ex. the inspector misreads the meter to profit thereby, or one using a Jumper LACK OF OWNER'S CONSENT MUST BE ALLEGED ‘Allegation in the information of the lack of the owner's consent important. FOR AS LONG OFFENDER PLACES THING IN HIS CONTROL, ‘THEFT 'S COMMITED Theft is consummated when the offender is able to place the thing taken under his control and in such a situation as he could ispose of it at once {although there is actually no opportunity to dispose). el eS OPERATIONS 2010 QUALIFED THEFT Servant using his employers car without permission is gulty of Qualified theft although his use thereof was only temporary. However, Reyes says that there must be some character of permanency in depriving owner of the use of the object and ‘making himself the owner. Therefore, “joyride” must be deemed as qualified theft. Persons liable for theft: 1. Those who: 2. with intent to gain, . But w/o violence against or intimidation of persons nor force upon things take personal property fe. of another f. without the latter's consent. 2. Those who: 2. having found lost property, fall to deliver the same to the local authorities or Hs owner. ‘Retention of money/property found is theft. What is punished is retention or falure to return with intent to ain, © The offender's knowiedge of the identity of the owner of the property is not required. His knowledge that the property is lost Is enough, ‘+ The finder of the lost property is liable for his deliberate failure to return the lost property, he knowing that the property does not belong to him. 3. Those who: after having maliciously damaged the property of ‘another, b. remove or make use of the fruits or object of the damage caused by ther. ing the cattle of another which destroyed isfoffender’s) property and getting meat for himself is theft. 4. Those who hunting, fishing or gathering fruits, etc. In ‘enclosed estate Elements(Par. 3 of Art 308): 1. That there is an enclosed estate or @ field where trespass is forbidden or which belongs to ancther; 2. Thatthe offender enters the same; 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products Inthe estate or field; and 4. That the hunting or fishing or gathering of products is “without the consent of the owner. ‘Advisers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mea; Viv Ventura Understudy: And Dimalanta; Lala Cahna; Star Jularal; Andes. atipuan Volunteer: JanecaNaboya— 18JAL LAW REVIEWER Ps ATENEO NOTE: The fishing inthis article is not in the fishpond or fishery. If the fish is taken from a fishpond or a fishery, the crime Is. ‘qualified the. ‘D. NO. 534 punishes illegal fishing committed by- 1. Any person to catch, take or gather or cause to be caught, taken or gathered fish in Philippine waters with the use of explosives, obnoxious oF poisonous. substances or by the use of electricity; and 2. Any person whe knowingly possesses, deals in, sels or in any manner disposes of, for profit, any fish, fishery/aquatic products w/e have been illegally caught. P.D. NO. 581 punishes “highgrading” or theft of gold ‘committed by~ 1. Taking gold-bearing ores from a mining clsim or ‘mining camp, or removing, collecting or gathering ‘gold bearing ores or cocks in place: 2. Extracting or removing the gold from such ores or rocks and treat such ores and rocks to recover and ‘extract the gold therefrom without the consent of the ‘operator of the mining cam, Highgrading ~seling P.D. NO. 401 punishes the use of tampered water or electrical meters to steal water or electricity. ‘Acts punishable: L unauthorized installation of water, electrical or telephone connections, 2. the use of tampered water or electrical meters to steal water or electricity, 3. the stealing or pilfering of water andfor electrical ‘meters, electric and/or telephone wires, and 4. knowingly possessing stolen or pilfered water and/or electrical meters, and stolen or pilfered electric and/or phone wires. Ways of committing theft of electricity (other than by egal peneiacet turning back the dias ofthe electric meter, 2 fang tne alec ter so hw sot register the ‘actual electric consumption, 3. _under-teading of electric consumption, and 4. tightening screw of rotary blades to slow down their rotation. NOTE: The provisions in Presidential Decree No. 401, as amended by Batas Pambansa Big. 876, penalizing the ‘unauthorized installation of electrical connections, tampering. aL OPERATIONS 2010 and/or knowing use of tampered electrical meters or meter devices, and the theft of electricity, are expressly repealed by Republic Act No. 7832, or the AntiElectricity and Electric ‘Transmission Lines/Materils Pilferage Act of 1994. However, all ‘other laws, ordinances, rules, regulations, and other issuances or parts thereof, which are inconsistent with Republic Act No. 7832, are thereby repealed or modified accordingly. ‘Art. 309. Penattes for theft * The basis of the penalty in theft is: (1) the value ofthe thing stolen, and in some cases, (2) the valve and also the nature of the property taken, or (3) the circumstances or causes that impelled the culprit to commit the crime. ‘Art. 310. Qualified theft ‘Theft is QUALIFIED it- 1. Itls committed bya domestic servant, or 2. Committed with grave abuse of confidence, or 3. The property stolen isa: 3. motor vehicle, b. mail matter, ©. largecattle, 4d. coconut from the premises of a plantation, fish from afshpond or fishery, or 4. Committed on the occasion of calamities, vehicular accident and civil disturbance, (GRAVE ABUSE OF CONFIDENCE "Grave abuse of confidence” necessitates a high degree of confidence b/w the offender and the offended party. (Ex. {Uests). Hence, when there is no confidence b/w the parties, the crime isnot qualified theft. QUAUIFED THEFT ‘Theft is qualified If its committed by one who has access to the place where stolen property is kept. (Ex. security guards, tellers) OVATION THEORY APPLIES WHEN THERE IS A CONTRACTUAL RELATIONSHIP Novation theory (ie. the victim's acceptance of payment converted the offender's liability to a civil obligation) applies only if there is a contractual relationship b/w the accused and ‘the complainant, (QUALIRED THEFT V. ESTAFA, When a PUV in “boundary system entrusted to the offenders sold to another, the crime fs theft. On the other hand, ifthe ‘motor vehicle fs not used for public utlity in “boundary” system but under contract of lease, the crime is estafa, . Spot + — Advisers Atty. Ronald Chua; Atty, Brady De Castro Heads: Mina Mejia; iv Ventura Understudy: Andi Dimalanta; Lata Calma; Sta ularba Andrea Katipuan Volunteer: Janeca Naboys-~ ps9ed ped ad ea _ Ce LUSTLING LAW. ‘Cattle rustling is the taking away by any means, method or, scheme, without the consent of the owner, of animals classified as large cattle whether or not for profit or gain, or Whether committed with o without violence against or intimidation of any person or force upon things. It includes the kiling of large cattle, or taking its meat/hide without the ‘consant ofthe owner. «Large cattle includes cow, carabao, horse, mule, ass, or other domesticated momber ofthe bovine family, ‘© Qualiying dreumstances: 42.Cattle-rusting Is committed with violence against or intimidation of persons or force upon things; and 2.4 person is seriously injured or killed 2s a result or on oceasion of cattle-rustling. P.D. 330 punishes timber smuggling from, and illegal cutting of logs in, public forests and forest reserves 2s qualified theft. NOTE: The provision defining the crime of cutting, gathering and/or collecting timber, or other forest products without license was expanded by Executive Order No. 277 to cover possession of timber or other forest products without the legal documents as required under existing forest laws and regulations. Thus, Section 68 of Presidential Decree No. 705, now provides that any person who shall cut, gather, collect, removed timber or other forest products from any forest land, or timber from alienable or disposable public land, or from Private fand, without any authority, or possess timber or other forest products without the legal documents as required under ‘existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code. 1G LAW ‘Elements of fencing: 1. Thecrime of robbery or theft has been committed; 2. The accused, who is not a principal or an accomplice in ‘the crime of robbery/theft, in any manner deals in any property which has been derived from the proceeds of. the said erime; 3. Theaccused knows or should have known that the sald property has been derived from theft/robbery; and ‘The accused has intent to gain, Possession of stolen goods is prima facie evidence of suit * For those engaged in sale of used secondhand articles ~ requires clearance and permit to sell + ‘Art. 311. Theft of property of the National Library and National Museum ‘© Theft of property on national library and museum has a fixed penalty regardless of ts value, Chapter: ON Article 312. Occupation of real property or usurpation of reo! ‘rights in property Elements: 2. 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 Lsuepation real ightsin property; and 4. That there is intent to gain. ‘Ant. 313. Altering boundaries or landmarks. Elements: 1. That there be boundary marks or monuments of towns, provinces, or estatos, or any other marks Intended to designate the boundaries ofthe same; and 2, That the offender alters sald boundary marks. ‘Chapter Five: CULPABLE INSOLVENCY Art 314. Fraudulent insolvency Eloments: 1. Offender is a debtor; that is, he has obligations due ‘and payable; 2. Absconds with his property, and 3. Prejudice to his creditors. ‘+ Actual prejudice tothe creditorsis required, ix: SWINDLING ANI DECENTS ‘Art. 315. Estafa (swindling). Eloments of estafa in general: 1. Defrauded another (a) by abuse of confidence, or (b} ‘or means of decet; and 2 That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person, s pact : —Aviserss Ay. Ronald Chua; Aty. Brady De Castro Heads Nina Mejia; Viv Ventura Understudy: Andi Dimalant: Lala Calma; Star Jularbat Andres ‘atipuan Volunteer: laneca Naboye— 130Elements of estafa with unfaithfulness: 1. Offender has an onerous obligation to deliver something of value; 2. That he alters its substance, quantity, or quality; and 3. That damage or prejudice is caused to anothe ‘+ Committed by altering the substance, quantity, or ‘quality ofthe things to be delivered ‘+ There must be an existing obligation ofthe offender to deliver even if the property to be delvered is not o subject of lawful commerce. '* When thing delivered has not been fully or partially paid for, there isno estafa. ‘+ When there was no agreement as to quality and delivery was unsatisfactory, there is no estafa. Eamont of estafe with abuse of confidence: ‘That money, goods, or other personal property be received by the offender in trust, or on commission, oF for administration, or under any other obligation involving the duty to make delivery of, oF to return, ‘the same; 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his ‘part of such receipt: ‘That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender. ‘THERE MUST JURIDICAL POSSESSION ‘The thing must have been received by offender under ‘tronsactions transferring juridical possession only and not ‘ownership. ‘THE FAILURE TO TURN OVER BANK PROCEEDS OF SALE ‘COVERED BY TRUST RECEIPTS CONSTITUTE ESTAFA. Under PD 115 (Trust Receipts Law), the failure to turn over to the bank the of the sale of the goods covered by the trust receipt consthutes estafa SALE ON CREDIT WHEN IT SHOUD BE FOR CASH IS ESTAFA The sale on credit by the agent when it should be sold for cash is staf. GENERALLY, ESTAFA IS NOT AFFECTED BY THE NOVATION OF ‘CONTRACT Estafa, being a public offense, is not affected by novation of ‘contract. But novation, if It takes place before criminal liability ‘was incurred or perhaps prior to the fling of the criminal a) OPERATIONS 2010 information in court by state prosecutors, relieves offender from incipient criminal lability. MISAPPROPRIATING, DEFINED Misoppropriating means taking something for one’s own benefit. CONVERTING, DEFINED Converting is the act of using or disposing of another's property 2s if it was one’s own. It may also mean the devotion of a thing {for a purpose or use different from that agreed upon. PREJUDICE TO ANOTHER IS NECEESSARY Prejudice to another is necessary. However, itis not necessary that offender should obtain gain, ‘GENERALLY, THERE 15 NO ESTAFA OF PROPERTY RECEIVED FOR ‘THE PARTNERSHIP; EXCEPTION. GENERAL RULE: Between partners, there is no estafa of maney Or property received for the partnership when the business is commercial and profits accrued, EXCEPTION: If property is received by a partner for a specific purpose and i misappropriated, estafa is committed. FAILURE TO ACCOUNT IS EVIDENCE OF MISAPPROPRIATION Failure to account after demand is a circumstantial evidence of misappropriation, DEMAND IS NOT A CONDITION PRECEDENT TO TH EXISTENCE OF ESTAFA Demand is not a condition precedent to the existence of estafa ‘when the misappropriation may be established by other proof. In theft, upon delivery of the thing to the offender, the owner expects an immediate return ofthe thing to him. If owner does not expect immediate return, crime i esta ‘QUALIFIED THEFT V, ESTAFA A servant, domestic, or employee who misappropriates a thing he received from his master is guilty of qualified theft, not ‘stata. ‘THE PRIVATE INDIVIDUAL WHO CONSPIRED WITH A PUBLIC ‘OFFICER IN COMMITTING MALVERSATION MAY BE LIABLE FOR ESTAFA When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may beheld ~— sable for esta, o . ~ + Advisers Atty. Ronald Chua; Aty. Brady De Castro Heads: Nina Melia; Vv Ventura Understudy: And! Dimalant; Lala Calm Star Jlarba: Andrea Katipuan Voluntect:laneca Naboye— 131ATENEO soe Offender: public officer ‘accountable for public funds ‘Oendor: private individual oF public officer not accountable for public funds Elements of estofa by toting undue advantoge ofthe signature In blank: 1. That the paper with the signature of the offended party be in biank; 2. That the offended party should have delivered it to offender; 3, That above the signature of the offended party 2 ‘document is writen by the offender without authority 10 doo; and A. That the document so written creates a liability of, or ‘causes damage to, the offended party or any third person. \NOTE: I the paper with signature in blank was stolen, the crime is fosfication ifthe offender made It appear that the victim participated in a transaction when in fact he did not so artidpate. ements of esol by meens of does That there must be a false pretense, fraudulent act or fraudulent means. 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to of simultaneously with the commission of the fraud; ‘3. That the offended party must have relied on the fale pretense, fraudulent act, or fraudulent means, that is, hhe was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; and 4. That as a result thereof, the offended party suffered damage. ed dD ee 2. That such postdating 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 ofthe check. '* Good faith is a defense in a charge of estafa by postdating or issuing a check. ‘+The drawers failure to deposit the amount necessary to cover the issued check within 3 days from notice of «dishonor is prima face evidence of deceit. If the check was issued in payment of pre-existing debt, there is no estofa. '* Offender must be able to obtain something from the ‘offended party by means of the check he issues and delivers © If postdating a check issued as mere uarantee/promissory note, there isno estafa. Bol ECKS LAW, Elements of offense defined inthe 1st PAR. of Sec.1.of BP 22: 1. That aperson 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 a the time of issue that he does nat have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; 4 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 eny valid reason, ordered the bank to stop payment. Elements of offense defined in the 2nd PAR of Se.c-1 of BP.22: 41. 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 3 credit to cover the full amount of the check if resented within a period of $0 days from the date appearing thereon; and 3. That the check is dishonored by the drawee bank. NOTE: There must be evidence that the pretense of the accused Evidence of knowledge of insufficiency of Funds: ‘that he possesses power/influence is false. 1. Making, drawing and issuance of check which is refused Eloments of estafa by postdating a check or issuing @ check in 2. Prima facie evidence of knowledge of insufficiency of payment of an obligation: funds; Requisites: 1, That the offender postdated a check, or Issued a check 2. Check presented within 90 days, in payment of an obligation; and b. Dishonored, and oe s ~ —Advisers: Ay, Ronald Chua; Atty. Brady De Castro Heads: Nina Mejia Viv Ventura Understudy: Andi Dimalant; Lala Calma; Star lulacbal; Andrea Katipuan Volunteer: Saneca Naboye— 132 oo© Fallure to make good the check within 5 banking days after recelving written notice ‘of dishonor '* The presumption of knowledge can exist only after itis proved that the issuer had received the notice of dishonor. The prosecution must prove receipt, Le. registered mail, or ‘authenticated signature on registry return receipt. The tegistry receipt alone is insufficient. Testimony or affidavit ‘of person mailing the letter Is required, (Ting vs. CA( 2000)} © Verbal notice of dishonor is insufficient. Must be written. (Domagsong vs. 6(2000)) ¢ What the law prohibits is issuance. The purpose or Conditions of issuance is immaterial. Issuance is malum Drohibitum. That the check was issued as 2 guarantee Is immaterial, uniess the check was not issued for account or value. (Wong vs. CA(2001)) ‘+ BP22 does not state that the issuer must maintain funds for ‘only 90 days. That the check must be deposited within 90 ‘days is merely one of the conditions for the presumption of knowledge of insutficiency. It is not an element of the offense. Where presentment was after 90 days, only the presumption was lost. Knowledge could stil be proven by evidence. By current banking practice, the check must be presented within 180 days. Afterwards it becomes stale Presentment after 180 days is then a defense. (Wong vs. ‘caj2003) © Payee's knowledge of insuffidency of funds Is Immaterial, because deceit is not an element of BP22. The exception is when there was no intention to apply said checks for ‘account or for vale. (Young vs. CA(2005}) '* Responsibility under 8°22 is personal to the accused. Hence, the notice must also be personal. Thus, ifthe issuer is a corp. officer, notice to the corp. is not notice to the officer. Marigomen vs. People (2005) Notes on SC Adrain. Creular 12-2000: 1. The circular provides that in 2 BP22 conviction, the Judge, in his discretion, may impose fine atone, ‘without imprisonment. 2. The fine should be not less than but nor more than double the amount ofthe dishonored checks. 3 The dreular is not a penal law, hence there is no retroactivity in favor of the accused. The circular applies only to cases pending ats effectivity. Joye vs. Gatve (2003) 4, The circular merely lays down a rule of preference, It does not amend BP22. It merely urges the courts to take into account not only the purpose of the law but also the circumstances of the accused—whether he ‘acted in good faith or on clear mistake of faith without taint of negligence, Thus, imprisonment may still be Imposed. loya vs. Galvez (2003) - eT OPERATIONS 2010 Absence of the notice merely prevents the presumption of knowledge of insufficiency. The prosecution must then prove knowledge with evidence. Thus, the notice is NOT a prerequisite for a BP22 prosecution. (Young vs. CA(2005)) ‘TO CONSTITUTE ESTAFA UNDER PAR 2(d) OR POSTDATING, THE OFFENDED PARTY MUST HAVE PARTED WITH PPROPERTY DUE ‘TO THE CHECK To corstitute estAfa under this provision, the act of postdating ‘or issuing a check in payment of an obligation must be the efficent cause of defraudation, and as such It should be either prior to or simultaneous with the act of fraud. The offender ‘must be able to obtain money or property from the offended party because of the issuance of a check whether postdated or ‘ot. That i, the latter would not have parted with his money or ‘other property were t not for the issuance of the check. ‘AN ACQUITTAL OR CONVICTION UNDER THE RPC IS NOT A BAR ‘YO A PROSECUTION UNDER BP. 22 ‘An acquittal or eanviction of the drawer under the Revised Penat Code is not a bar to his prosecution or conviction under BP 22, because the latter law requires the additional fact of the drawer's knowledge of lack of insufficiency of funds, Estafa by obtaining food or credit at hotels, ins, restaurants ete, 3 ways of committing estafa under this provision: 1. By obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging or apartment house without paying therefore, with intent to defraud the proprietor or manager thereof; 2 By obtaining credit at any of the said establishments by the use of any false pretense; and 3. By abandoning or surreptitiously removing any part of his boggage from any of the said establishments after ‘obtaining credit, food, refreshment or accommodation therein, without paying therefore. Elements of estafa by inducing another to sign any document: 1. That the offender induced the offended party to sign @ document; 2 That deceit be employed to make him sign the document; 3. That the offended party personaly signed the document; and 4. That prejudice be caused. NOTE: If offended party willingly signed the document but there as deceit as to the character or contents of the document, the crime is falsficotion. Sut where the accused made representations to mislead the complainant 2s to the character cof the document, the crime is estafa. + ‘Advisers: ty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mella: Viv Ventura Understudy: And Dimalants; Lala Cala; Star Jularbal Andtes atipuan Volunteer: Janeca Naboya-- 133,© CRIMINAL LAW REVIEWER ate Tg “VEL! [7 OPERATIONS 2010 ie Elements of estafo by removing, concealing or destroying documents: 1. That there be court records, office fles, documents or any other papers; 2. That the offender removed, concealed or destroyed any of them; and 3. That the offender had intent to defraud another. ‘+ there is no intent to defraud, destroying or removing said papers is malicious mischief. + Damage or prejudice as the 2nd element of any form of estafa may consist in: . The offender party being deprived of his money ‘or property, asa result ofthe defraudation; b. Disturbance in property rights; or ¢.Temporary prejudice. NTMENT Under lorkers ACER.A, No. 8042. GAL legal Recruitment - Any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for Profit or not, when undertaken by a non-licensee or non-holder of authority. ‘Any such nom-licensee or non-holder of authority who, for a fee, coffers and promises employment abroad to two or more Persons shall be deemed so engaged in illegal recruitment. Economie Sabotage '* legal reeruitment by syndicate - committed by a group of three (3) or more persons conspiring or ‘confederating with one another. © Large Scale legal Recruitment — committed against three (3) or more persons. Penalty for llegal Recruitment involving economic sabotage is punishable by life imprisonment and fine of P500,000 to 1,000,000. ‘Art, 316. Other forms of swindling . Other forms of swindling: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shal dispose of the same, although such encumbrance be not recorded, Ee gee The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice ofthe latter or any third person. Any person who, to the prejudice of another, shall ‘execute any fictitious contract. ‘Any person who shall accept any compensation given him under the belief that it was in payment of services ‘rendered or labor performed by him, when in fact he did not actually perform such services or labor. ‘Any person who, while being a surety in @ bond given In a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation ‘contracted by him, shall sell, mortgage, or, in any ‘other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. Elements of swindiing by conveying, SELLING, ENCUMBERING, (OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE "THE OWNER OF THE SAME: 1 2 3 Private individual was ‘That the thing be immovable, such as a parcel of land or a buildings That the offender, who is not the owner of said Property, represented that he is the owner thereof; That the offender should have executed an act of ‘ownership (selling, leasing, encumbering of mortgaging the real property). That the act be made to the prejudice of the owner ot a third person. ees Infidelity ees ‘Elements of SWINDLING BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE ‘BE NOT RECORDED: 1 2 ‘That the thing disposed of be real property; That the offonder knew that the real property was encumbered, whether the encumbrance_is recorded or not. ‘That there must be express representation by the offender that the real property is free from encumbrance; and ‘That the act of disposing of the real property be made to the damage of another. EEE EEE ESSE EEE ~Advisers: Atty. Rome Chas; Atty. Brady De Castro Heads: Mina Mella; Vv Ventura Understudy: Andi Dimalanta; Lala Cala; Star llarba Andrea Katipuan Volunteer: aneca Naboya 134CRIMINAL LAW REVIEWER F> ATENEO Elements of SWINDUNG BY WRONGFULLY TAKING BY THE ‘OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: 1, That the offender isthe owner of personal property; 2. That said personal property isn the Inwful possession of another; 3. That the offender wrongfully takes it from its lawful possessor; and ‘4. That prejudice is thereby caused to the postessor of third person. Elements of SWINDLING BY SELLING, MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS ‘OBLIGATION AS SURETY: 1. That the offender is a surety in 2 bond given in a criminal or civil action; 2. That he guaranteed the fulfilment 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. ‘Art. 317. Swindling a minor Elements: A. That the offender takes advantage of the inexperience ‘or emotions or feelings of a minor; 2. That he induces such minor (a) to 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) edit ore) other personal property; and 4. That the transaction isto the detriment of such minor. Ant. 318. Other deceits Other decelts are: 1. By defrauding or damaging another by any other ATENEO ‘+ Malicious mischief cannot be committed through negligence because the offender acts with a specific desire to inflict injury to another. + If there is no malice in causing injury, the offender incurs only civil Habilty. + Damage caused may also be @ dierinution in value of the property. + But if the offender used the property after causing damage toit, the crime is theft. + Damage in malicious mischief must not result from a crime. (Ex. Broaking windows during robbery is not ‘malicious mischief) +A person charged with malicious mischief may be {ound guilty of damage to property through reckless Imprudence ‘©The elements of the crime of malicious mischief under Article 327 of the Revised Penal Code are: (2) 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 of damaging another's property be committed merely for the sake of damaging it. As to the third element, petitioner was not justified in summarily and extrajudicially demolishing private complainant's structure. As iti, the petitioner proceeded not so ‘much to safeguard the lot as it i the vent to his anger and disgust over the "no trespassing” sign he placed thereon. Indeed, his act of surnmarlly demolishing the house smacks of his pleasure in ‘causing damage to it. (Valeraso vs. People G.R. ‘No. 149718. 10/29/03) ‘Art. 328. Special cases of melicious michief Cove foaled wacous misciet Causing damage to obstruct performance of public ‘unetions. 2. Using poisonous of corrosive substance, 3. Spreading infection or contagion among cattle. 4. Damage to property of National Museum or National brary, archive, registry, waterworks, road, promenade, or any other thing used in common by the pubic. "= Qualified malicious mischief is different from sedition because the element of tumultuous uprising Is not present in the former rime. ‘Art. 329, Other mischiefs ‘+ Mischiefs not included in Art. 328 are punished ‘according to the value of the damage caused, Ex. aD OPERATIONS 2010 scattering human excrement in public building, Kling of cow as an act of revenge, A servant who released bird from cage as act of hate against owner ‘Art. 330, Damoge and obstruction to meons of communication ‘+ This crime is done by damaging railways, telegraph of telephone tines. © Railway system — includes electric wires, traction ‘ables, signal system, and other things pertaining to railways = Removing rails from a railway track to cause destruction constitutes crime involving. destruction under Art 324 "Art 330 is not applicable when the damaged telegraph/phone lines do not pertain to a railway system. Hence, cutting telephone lines or those for transmission of electric powerflight not pertaiting to rallwaysis not covered by this artck = If people are kiled as a result of the damage caused ‘and the offender had no intent to kil, the crime is ‘damages to means of communication with homicide. if ‘there is intent to kil and damaging the railways was the means to accomplish the criminal purpose, the crime is murder. ‘= If the damage shall result in any derailment of cars, collision or other accident, a higher penalty shall be imposed, + Derailment of cars should not have been purposely sought for [Ant 331. Destroying or damaging stotues, public monuments or paintings ‘Ten: EXEMPTION FROM CRI RI INST PR ‘Art 382. Persons exempt from criminal ability in crimes ‘gainst property ABI Offenses Involved in the exernption: 1. Theft, 2. Swindling estafa), and 3. Malicious mischief, Persons exempt from criminal bility: 1. Spouses, ascendants and descendants, or relatives by affinity inthe same line. 2. The widowed spouse with respect to the property w/e belonged to the deceased spouse before the same Passed into the possession of another. 3. Brothers and sisters and brothers {law and sistersin- 1aw, ifliving together. ae Seach ~Adhisers Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Mella; Viv Ventura Understdy: And Dimalanta Lala Calms Star fularbaly Andrea Vatipuan Volunteet: Janeca Naboys-- 137‘Only cli! Habilty is incurred by the offenders who are ‘exempt by law from criminal liability. Parties to the crime who are not related to the ‘offended party still remain criminally lable. Law recognized presumed co-owmership of property between offender and offended party Persons exempt from criminal ability inchude: 1. stepfather/mother (ascendants by affinity) 2. adopted children (descendants) 3, concubine/paramour (spouse) 4. common-law spouse. Title Eleven: GRIMES AGAINST CHASTITY » ADULT E ‘Art. 333, who are guilty of Adultery Elements: 1 2 That the woman Is married (even if marriage is ‘subsequently declared void); ‘That she has sexual intercourse with a man not her husband; and That 25 regards the man with whom she has sexual intercourse, he must know her to be married. ‘Adultery is mitigated if the adulterous wife was abandoned w/o justification by the offended spouse. Both the wife and her paramour are entitled to this mitigating circumstance. (People vs. Avetino) ‘Adultery may be attempted. ‘Sheer necessity, though woman not abandoned by her husband, mitigates lability of married woman The offended party must be legally married to the offender at the time of the criminal case Carnal knowledge may be proved by circumstantial evidence Each sexual intercourse constitutes a crime of adultery Effect of Pardon: The pardon must come before the institution of criminal prosecution Both the offenders must be pardoned by the offended party ‘Act of intercourse subsequent to adulterous conduct is. an implied pardon ‘Consent is a cause for dismissal of complaint ead OPERATIONS 2010 1. Theman must be married; 2. Thathe committed any ofthe following acts: a. Keeping a mistress in the conjugal dwelling, b. Having sexual intercourse under scandolous lreurnstances with a woman who is not his wife, & Cohabiting with ner in any other place: 3, Thatas regards the woman, she must know him to be married © Amarried man is not liable for concubinage for mere sexual relations with a woman not his wif. '* Confugal dwelling means the home of the husband and wife even ifthe wife happens to be temporarily absent on any eocount. * Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the detriment Of the feelings of honest persons, and gives occasion to the neighbors spiritual damage and ruin © Gohabit means to dwell together, in the manner of ‘husband and wife, for some period of time, as dlistinguithed from occasional, transient Interviews for unlawulintercourse. © That woman must be taken into conjugal dwelling as a concubine © Peopie in the vicinity are the best witnesses to prove ‘scandalous circumstances Adultery is more severely punished than concubinage NOTE: Article 335 (When and How Rape Is Committed) has been repealed by R.A. No. $353 (Anti-Rape Law of 1997) ‘Chapter Two: RAPE AND ACTS OF LASCIVIOUSNESS ‘Article 336. Acts oflasciviousness Elements: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; and 3. That it is done under any of the following ‘circumstances: a. byUusing force or intimidation, or 'b. when the offended party is deprived of reason of ‘otherwise unconselous, or by means of fraudulent machination or grave abuse of authority, or 4d. when the offended party is under 12 years of age or isdemented. oo + = — Advisers: Atty, Ronald Chua; Atty. Brady De Castro Heads: Wina Miia; Vw Ventura Understudy: Andi Dimalants; Lala Calo; Star Jularbal: Andres. atipuan Volunteer: Janeca Naboya~ 138pat Advisers: Ay. Ronald Chua; Atty. Brady De Castro Meads: Nina Melia: Vi Ventura Understudy: Andi Dfmalanta; Lal Cala; Star iuarbal; Andres. Katipuan Volunteer: Janeca Naboye~ |AL LAW REVIEWER. en ATENEO ‘ACTS OF LASCIVIOUSNESS V. RAPE The following are the distinctions: 1. If the acts performed by the offender clearly indicate that his purpose was to lie with the offersied woman ~ attempted rape. 2. In the case of attempted rape, the lascivious acts, are but the preparatory acts to the commission of rape; whereas in acts of lasciviousness, the lascivious acts are themselves the final objective sought by the offender. ‘Acts of Lastiviousness should be differentiated from Grave (Coercion and Unjust Vexation: 1. In Grave Coercion, the compulsion Is the crime itself but it i merely a means to commit Acts of Laseviousness 2. The difference between Acts of Lasciviousness and Unjust Vexation Is that in the former there is lewd design ~ this can be inferred from circumstances surrounding the commission of the crime: place, time, presence of other people, what was done; But if itis clear that intention is to have intercourse, crime could be attempted rape; if accused desisted in the commission of attempted rape, it may be a ‘consummated crime of acts of lascviousness ‘© Lewd design - act with particular design to Independently derive vicarious pleasure therefrom; ‘not merely “sity whim” ‘+ Noattempted or frustrated Acts of Lasciviousness. ‘© From the standpoint of law, there can be no frustration of acts of lasciviousness. No matter how for the offender may have gone towards the realization of his purpose, if his participation amount to performing all acts of execution, the felony is necessarily produced as a consequence thereof. In the absence of convincing proof that the penis had slid into the female organ, rape was not committed. Where the Vietim merely stated that she was carried around the sala, ‘with appellant's penis “touching” her vagina, it would not be right to conclude that the act of the penis “touching” the ‘vagina was an entry or penetration, even slightly, of the labia majora or the labia minora of the pudendum. The appellant is guilty of acts of lasciviousness and not rape. (People vs. Pairno(2003)) ‘The appellant's act of directing Analyn to remove her lower ‘apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code, and not rape. (People vs. ‘Aquino G.R. No{2003)) TT OPERATIONS 2010 cer ICTION, CORR MINORS, E SLAVE TRADE Seduction means the enticing a women to unlawful sexual intercourse by promise of marriage or other means of persuasion without the use of force. 2 kinds of seduction: 1. qualified seduction 2. simple seduction, ‘Art. 337. Qualified seduction 2 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, teacher, ete; and 2. Seduction of a sister by her brother or descendant by hher ascendant, regardless of her age or reputation. (incestuous seduction) ements of oid seduction of evigin: That the offended party Is a virgin, which is presumed iftche is 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; and 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: 2. Those who abuse their authority: persons in public authority b. guerdian teacher . person who, in any capacity, is entrusted w/ the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: 2. priest b. house servant domestic 3. Thase who abused their relationship: brother who seduced his sister b. ascendant who seduced his descendant EE “Public Authority ~Priest Brother who Guardian -Houseservant | seduced his “Teacher = Domestic person | sister Person who, in any | living in same roof, | - Ascendant pacity, isentrsted | may be temporary, | who seduced his, with the education or | permanent as long | descendant tastodvof the woman | Boone 8 OME seduced household) —+ - 139