Article 246.

Parricide
Parricide is defined in Article 246 as the killing of another who is the father, mother, children whether
legitimate or legitimate, other ascendants, descendants, or the legitimate spouse of the accused.
What kind of relationship is covered by Article 246?
The relationship must be legitimate except in the case of the child (legitimate or illegitimate)
The relationship must be in direct line, excluding brothers and sisters in the collateral line
The relationship must be by blood, in case of ascendants and descendants and with exception in
the case of the spouse.
Elements:
That a person is killed
That the deceased was killed by the accused
That the deceased is the father, mother, children, whether legitimate or illegitimate, other
ascendants or descendants or the legitimate spouse of the accused.
In the case that the father, mother and children is killed by accused, proof of legitimacy is not required.
Thus, an illegitimate child who kills his mother or father, he is guilty of parricide.

In Article 165 of the Family Code, the illegitimate child is defined as the child that is conceived and born
outside of marriage, unless otherwise provided in the same Code. Justice JBL Reyes provided a simple and
wider coverage of the term illegitimate and those are the children that is born out of wedlock, adulterine,
incestuous and sacrilegious.

Art. 247. Death under exceptional circumstances

In Article 247, death under exceptional circumstances are the result of the killing by any legal married
person of his spouse or by parents with respect to their daughters under eighteen years of age, while living
with their parents, who having surprised his spouse or daughter in the act of committing sexual
intercourse with another person or immediately thereafter.
The following elements must concur:
A legally married person surprises his wife or daughter, the latter under 18 years of age and living
with him, in the act of committing sexual intercourse with another person
He/ She kills or inflicted serious physical injuries upon his/her spouse or daughter immediately
thereafter.
He/ She did not promoted /facilitated prostitution of his spouse or daughter, nor consented to the
infidelity of her spouse.
Absolutory Cause
Absolutory Cause is when less serious physical injuries or slight physical injuries are inflicted,
there will be no criminal liability.
The 2nd paragraph of Article 247 states that if physical injuries of any kind is inflicted, he shall be
exempt from punishment.
What is the punishment?
In this Article, the penalty imposed is destierro rather than that of the penalty imposed upon those who
committed parricide or murder. The person imposed with the penalty of destierro is prohibited by
entering court-designated places or a specified radius of those places. It is a mere banishment and as held
in the case that it is a protection from the retaliation of the family members of the deceased.
In PP. v. Gonzales, it was held that for the husband to be justified, it is not necessary that he sees his wife in
the carnal act with another person with his own eyes, but it is sufficient that he surprises them under the
circumstances as to show reasonably that the carnal act is being committed or just have been committed.

Art. 248 Murder

In Article 248, Murder is defines as the unlawful killing of another person, not parricide or infanticide,
attended by treachery or premeditation and other circumstances enumerated in this Article.
For murder to be apprised, the following elements must be present:
That the person was killed
That the accused kill the deceased
That the killing was attended by any of the qualifying circumstance enumerated in this code.
That the killing is not infanticide or parricide.
The presence of any of the circumstance enumerated in Article 248 of the RPC as amended by RA 7659
shall cause the act of killing as a crime of murder:
 With treachery, or taking advantage of superior strength, with the aid of armed men, employing
means to weaken the defense of means or persons to insure
 In consideration of price, reward or money.
 By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a car or locomotive, fall of an airship, by means of motor vehicles or any other means
involving great waste or ruin.
 On occasion on any of the calamities mentioned in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or other public calamity,
 With evident premeditation
 With cruelty, by deliberately and inhumanely augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse.

 In case that the qualifying circumstance is either treachery or superior strength. If superior
strength is alleged in the information as QC for the crime of murder, the treachery can no longer be
appreciated as aggravating circumstance since the latter is necessarily included in the former. As a
rule, in the application of the circumstance which qualify the murder, when the other cir is
absorbed or included in one qualifying circumstance, they can no longer be appreciated as generic
aggravating circumstance.
In the case of PP. vs. Sespene, The court held that the aggravating circumstance of superior strength and
the aid of armed men, as well as night time which concurred in the commission of the offense are included
in the qualifying circumstance of treachery and cannot be appreciated separately from the latter
circumstance. In other words, treachery absorbed abuse of superior strength as a qualifying
circumstances, thereby causing the latter (abuse of superior strength) not to be appreciated separately.

Article 249 Homicide

It is the unlawful killing of another, not parricide or infanticide, or murder, requiring the following
elements:
That the person is killed
That the accused killed the deceased
That there be an intent to kill which is presumed
That the killing is not attended by any of the qualifying circumstances or that of parricide or
infanticide.

When there is no intent to kill but then the death is resulted killing, crime of homicide is consummated as
intent to kill is presumed when death happens.

Article 250. Penalties for FRUSTRATED parricide, murder or homicide

Article 251. Death caused by tumultuous affray

In the case of PP. v. Julianda, a tumultuous affray takes place when a quarrel between several persons and
they engaged in a confused and tumultuous affray, in the course of which, some persons are killed or
wounded, and the principal or perpetrator thereof cannot be ascertained.
In Art. 251 of the RPC, death by tumultuous affray is committed when several persons, not composing
groups organized for the purpose of attacking or assaulting each other reciprocally, engaged in a
confused and tumultuous affray, and in the course of the affray someone is killed, and it cannot be
ascertained who killed the accused. But the person who inflicted serious physical injuries can be identified.

If it cannot be identified who inflicted physical injuries upon the deceased, all those who inflicted
violence against the victim will be held liable.
Elements:
That there be several or at least 4 persons
That they did not composed the group organized for the common purpose of attacking or
assaulting each other reciprocally

People v. Corpus, the court held that there is no death in a tumultuous affray when there is a
fight or rumble between two well-known groups.

That these several persons attacked and assaulted one another in a confused and tumultuous
manner
That someone was killed in the course of the affray (can be any person)
That the person who actually killed the deceased cannot be ascertained.
That the persons who inflicted serious physical injuries or who used violence upon the victim can
be identified.
Who are liable?
Those who inflicted serious physical injuries are liable under Art. 251 par.1
If those who inflicted serious physical injuries cannot be ascertained, those who used violence
upon the person will be liable¸ with lesser penalty.

Article 252. Physical Injuries inflicted in a tumultuous affray

When the tumultuous affray as described in the previous article, only serious physical injuries are
inflicted upon the participants thereof. If the person responsible cannot be identified, all those who
inflicted violence against the victim shall be held liable.
Elements:
That there be a tumultuous affray as described in the preceding article
That a participant or some participants suffer serious physical injuries or physical injuries of a less
serious nature only.
Note: The victim in this article shall be a participant in the tumultuous affray.
That the person responsible cannot be identified
Those who have used violence upon the person of the offended party are known.

Article 253 Giving Assistance to Suicide

Acts Punishable:
 By assisting another to commit suicide, whether it is consummated or not (providing him the
“means”)
 By assisting another to commit suicide to the extent of doing the killing himself.
The person who will commit suicide does not incur criminal liability because the society has already
considered him as an unfortunate being, a wretched person, more deserving of a pity rather than of a
punishment.
In Euthanasia, also known as mercy-killing, is the practice of painlessly putting to death a person suffering
from an incurable disease. This is not lending assistance to suicide. The doctor resolving to practice
Euthanasia will be liable for murder.
Art. 254 Discharge of Firearms
Any person who shall shoot at another with a firearm shall suffer the penalty of prision correccional in its
minimum and medium period, unless the facts of the case are such that the act an be held to constitute
frustrated or attempted parricide, murder, homicide and any other crime for which a higher penalty is
prescribed by any of the articles in the code.
Elements:
 That the offender discharges a firearm against or at another person
 That he has intention to kill that person

INFANTICIDE AND ABORTION

Article 255. Infanticide

Infanticide is defined as the killing of a child less than 3 days old, whether the killer be the parent,
guardian, relative of the child or a stranger.
Elements:
 That the child was killed
 That the deceased child was three days old
 The child was killed by the accused
On the 2nd par of Article 255 of the RPC, states that if the crime is committed by the mother of the child for
the purpose of concealing her dishonor will suffer the penalty of prision mayor (med and max). If it is
committed by the grandparents for the same purpose, the penalty will be reclusion temporal.

Concealing dishonor will be a mitigating circumstance exclusively for the mother and the maternal
grandparents. However, this may only be invoked if the mother is of good reputation.
In PP v. Jaca and Rasalan, the court held that sister-in-law of Severa Jaca is guilty of infanticide in killing
the child despite having the reason of doing it by protecting her family. This is because, concealing
dishonor is exclusive only to the mother and maternal grandparents.

Article 256. Intentional Abortion

Abortion is the killing of the fetus in the uterus or the violent expulsion from the maternal womb which
results in the death of the fetus.

Fetus is referred to be that of less than 6 months before sustaining life. However, it will be considered a
fetus in its full term the fetus that dies because of administration of drugs for the sake of abortion.
In Article 256, enumerates the three ways of consummating this felony:
 If violence is used upon the person of the pregnant woman
 Without employing violence upon the woman but acting without her consent
 Administration of drug or a beverage with the consent of the woman.
Elements:
 That there is a pregnant woman
 That violence is exerted or drug or beverage is administered, or acting upon the such pregnant
woman
 That the result of the violence exerted or the administered drug or beverage, or the act of the
accused, the fetus dies, whether in the womb or after having been expelled therefrom
 That the abortion is intended.
Article 257 Unintentional Abortion
In this article, the crime is consummated through the use of the intentional violence exerted and the
abortion is only incidental to the violence of the third person.
Unintentional Abortion through negligence or imprudence

In Pp v. Jose, Romeo Jose while driving a truck, bumped a calesa where Caridad Palacio was onboarded.
Caridad was six months pregnant but unfortunately because of the incident, Caridad was forced to have an
abortion. The Court held that Jose was guilty of unintentional abortion through imprudence.
Note: This crime can be complexed with homicide or parricide as the case may be.
Elements:
 That there be a pregnant woman
 That violence was exerted upon such woman without intending abortion
 The violence was intentionally exerted
 The fetus dies as a result of the violence, either in the womb or after having been expelled therefrom

Article 258. Abortion practiced by herself or her parent

Three forms of crime that is consummated:
 By the pregnant woman herself or by a third person with the consent of the former
 By the pregnant woman herself to conceal dishonor
 By the parents, either one or both of them, to conceal the dishonor, provided with the consent of
the pregnant woman.

Note in the first bullet that the pregnant woman is liable under this article., 258, while the third person is
liable under Art. 256.
In the third form, the abortion must be to conceal dishonor provided that the pregnant woman be of good
reputation. Concealing dishonor becomes a mitigating circumstance on the part of the woman.
The reason for mitigating this is when woman becomes pregnant out of illicit relationship, excited or
obfuscated, for the fear of her dishonor made in public she either practices abortion herself or consents
another to do so, in order to erase the traces of her mistake.

Article 259 Abortion practice by the physician or midwife and dispensing abortive
In this Article, the penalty imposed was increased for the reason that:
Physicians and midwife who cause or assist in causing the abortion are more severely punished because
they incur a heavier guilt in making use of their knowledge for the destruction of human life, where it
should only be used for preservation.
For the criminal liability of the pharmacist, what is being penalized is the mere act of dispensing any
abortive without the proper prescription. If the pharmacist has the knowledge that such abortive will be
used for committing abortion, he will be liable as an accomplice to committing abortion.
 PHYSICAL INJURIES

Article 262. Mutilation

Mutilation is the lopping or the clipping off of some part of the body. There are 2 kinds of mutilation:

By intentionally mutilating another person by depriving him, either totally or partially, of some
essential organs for reproduction (similar to castration but done purposely and intentionally)

By intentional making other mutilation, that is by lopping or clipping off any part of the body, other
than the essential organ for reproduction, to deprive him of the part of the body,

In the first type, what the law punishes is the deprivation of the man of his testes, not destroying
life, but the capability to transmit it.
This second type of mutilation refers to the other mutilation violently depriving the person of such
body part.

Article 263. Serious Physical Injuries

Under Article 263, Serious Physical Injuries may be committed by any person who shall wound, beat or
assault another. There are other circumstances that will incur Serious Physical Injuries as a result of the
wounding, beating or assaulting.

When the injured person becomes insane, imbecile, impotent or blind (total blindness)
Loses the use of speech, ability to hear and smell, loses an eye (partial blindness), a hand, foot, or
any such member (principal part of the body), or becomes incapacitated for the work for which he
is habitually engaged.
Becomes deformed, loses any other member of the body or loses the use thereof or becomes
incapacitated for labor for which he is habitually engaged for more than 90 days
Becomes incapacitated for labor (any work) for more than 30 days but less than 90 days.

There is no intention to kill in this crime otherwise it will be an attempted or frustrated homicide, murder,
parricide or as the case may be.
This can be consummated through negligence or imprudence.

Article 264. Administering Injurious Substances (injection or intake)

Elements
The offender inflicts upon the person serious physical injuries
That it is done knowingly by administering to him any injurious substances or beverages or by
taking advantage of the weakness of mind or credulity
That he had no intent to kill

Article 265. Less serious physical injuries

The crime contemplated in this article is not included in the preceding paragraph and shall incapacitate
the offended party for labor for more than 10 days but not exceeding 30 days or needs medical assistance
in the same period.
Qualified less serious physical injuries
There is a manifest intent to insult or offend the injured person
There is any circumstance adding ignominy to the offense
The victim is the offender’s parents, ascendants, guardians, curator, teacher
Persons in rank or authority provided that the crime is not direct assault
2 indispensable requirements for this crime to be consummated: (more than 10 days but less than 30
days)
Medical assistance/ hospitalized
Incapacity of the offended party

Article 266: Slight Physical Injuries

Key elements of the crime:
 Physical injuries incapacitated the offended party for labor for one to nine days or requires medical
assistance for the at same period.
Physical injuries did not prevent the offended party from engaging in his habitual work or which did
not require medical attendance for the same period
 Ill- treatment of another by deed without causing injury
When there is no actual evidence of the injury, it will be automatically be considered as slight physical
injuries.

RAPE

Article 266 – A. When Rape and How Commited

Under Article 266-A, rape is committed
 By a man who have a carnal knowledge of a woman under the following circumstances:
a. By force, threat or intimidation

b. when the offended party is deprived of reason otherwise unconscious

c. By means of fraudulent machinations, or grave abuse of authority

d. When the offended party is under sixteen (16) years of age or is demented, even though none of
the circumstances mentioned above be present: Provided, That there shall be no criminal liability
on the part of a person having carnal knowledge of another person sixteen (16) years of age when
the age difference between the parties is not more than three (3) years, and the sexual act in
question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if
the victim is under thirteen (13) years of age, this exception shall not apply. (RA 11648)

 By any person under the circumstances mentioned in the preceding paragraph shall commit an act
of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another.
Absolutory circumstances
 Age difference between the accused and the victim is 3 years or less
 Sexual act between the accuse and the victim is consensual, non-abusive or non-exploitative
 Victim must be 13 years old or over.
In the case of Pp. v. Tibon ,
The court reiterated the jurisprudence which established the exempting circumstance of insanity shall be
considered only when there is a complete deprivation of intelligence at the time of the commission of the
crime. Insanity has to be proven by clear and convincing evidence.
Wacoy and Quibac .v PP
The Court ruled in this case that there is no tumultuous affray between several persons because there
were only 2 persons who picked on defenseless individual. There was neither confusion and tumultuous
quarrel nor reciprocal aggression. Therefore the CA correctly held that the mauling was the proximate
cause of the death making them criminally liable for homicide.
Article 266 B

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Article 267. Kidnapping and Serious Illegal Detention

Elements:
 That a person has been deprived of his liberty
 That the offender is a private individual
 That the detention is unlawful
Circumstances that make the detention illegal:
Kidnapping or detention lasted for more than 3 days
It shall have been committed by simulating public authority
Serious physical injuries have been inflicted upon the person kidnapped or detained, or threats to
kill him has been made
Person kidnapped or detained is a minor, except when the accused is any parents (Art 271), female
or public officer (Arbitrary detention).

PP v. Ong
There is no kidnapping where the detention is merely incidental to the primary purpose of the accused in
killing him which is not to detain him for a length of time or obtain a ransom for his release.
Pp. v. Suarez
The principal purpose of the accused in kidnapping the victim is to deprive him of his liberty and though
victim was subsequently killed, the crime would only be kidnapping.
Pp. v, Marasigan
When the victim was carried by the accused 3 meters away from the place she was grabbed, but left her
because of her screams, the crime committed is not frustrated serious illegal detention but grave coercion.

Art. 268. Slight Illegal Detention

Elements:
 The offender is a private individual
 That he detains or kidnaps a person, or in any manner deprived him of his liberty
 That the act or kidnapping or detaining is unlawful
 That the crime is committed without the attendance of any of the circumstances enumerated in
Art. 267
When is this penalty lowered?
 The offender voluntarily releases the offender party within 3 days from the commencement of the
detention, without attaining the purpose intended and before the institution of the criminal action
against him.

Art. 269. Unlawful arrest

Elements:
 That the offender (any person) arrests or detains a person
 That the purpose of the offender is to deliver him to the proper judicial authorities
 That the arrest is not authorized by the law or there is a reasonable ground therefore.

Art. 270 Kidnapping and failure to return a minor

Elements:
 That the offender is entrusted with the custody of the minor (either below or above 7 but not over
18)
  That he deliberately fails to restore such minor to his parent or guardian
What is punished in this article is the failure of the custodian to return the minor to the parent or
guardian.
The essential element which qualifies the crime is that the offender is trusted with the custody of the
minor.

Art. 271. Inducing a minor to abandon his home

Elements:
 The minor is living in the home of his parents, guardians or the person entrusted with the minor’s
custody
 That the offender induces the minor to abandon such home. \
Note: If the minor leaves the home in his own free will to live with another, the another person is not
criminally liable.
If the offender is the parent or the mother of the minor, the penalty shall be arresto mayor

Art. 272. Slavery

Elements:
 The offender purchases, sells, kidnaps or detains a person
 The purpose is to enslave the human being
Circumstance qualifying the offense
 If the offender shall assign the victim to an immoral traffic, penalty is higher.

PP v. Alojado
If it is proven that a person was obliged to render service to the plaintiff’s house to whom he is indebted as
a servant without renumeration and remain her for so long as she has not paid her debt, there is slavery.
By failing

Art. 273. Exploitation of child labor

Elements:
 That a person retains a minor in his service
 That it is against the will of the child
 That the purpose is to reimburse the child as a payment for the debt of the latter’s parents,
ascendant, guardian or person entrusted with the custody of such minor.

Art. 274. Services rendered under the expulsion in payment of debt

Elements
 The offender compels a debtor to work for him as a household servant ot farm labor
 That it is against the debtor’s will
 That the purpose is to require or enforce the payment of debt.

Art. 275. Abandonment of person in danger or abandoning ones’ own victim

Acts punishable:
By failing to render assistance to any person whom the offender finds in an uninhabited place
wounded or in danger of dying, when he can render such assistance without detriment to himself,
unless such assistance would constitute a more serious offense
By failing to help another whim the offender accidentally injured
By failing to deliver a child, under seven years of age, whom the offender finds abandoned, to the
authorities or family or by failing to take him to a safe place
Art. 276. Abandoning a minor
Elements:
That the person is entrusted with the custody of the child
The child is under 7 years of age
That he abandons such child
That there is no intent to kill when the child is abandoned
The abandonment is punishable even the life of the child is not endangered as long as there is an
interruption of the care and protection he need by reason of tender age. (PP v. Bandian)

Art. 277. Abandonment of minor by person entrusted with his care; indifference of parents
Acts punished:
By delivering a minor to a public institution or other persons without the consent of the one who
entrusted the care to the offender or in the absence of such, consent form the proper authorities
 That the offender is entrusted with rearing or education of the child
 He delivers him to the public institution
 That the person who entrusted the custody to the offender did not consent, or in his
absence the proper authorities
Neglecting his (offender) child by not giving him education which their station of life requires and
financial condition permits (with a deliberate desire to evade his obligation)
 Offender is a parent
 He neglect his child by not giving him education
 His financial condition permits

Art. 278. Exploitation of minors (endangering the life and safety of the minor)
Acts punished
Causing a boy or a girl under 16 years of age to perform to any dangerous feats of balancing,
physical strength, contortion, offender being any person
Employing children under 16 years of age who are not children or descendants of the offender in
an exhibitions of acrobat, gymnast, rope-walker, diver, wild animal tamer, the offender being an
acrobat etc., circus manager or person engaged in similar calling.
Employing any descendant under 12 years of age exhibitions of acrobat, gymnast, rope-walker,
diver, wild animal tamer, the offender being engaged in similar calling
Delivering a child under 16 years of age gratuitously to any acrobat, gymnast, rope-walker, diver,
wild animal tamer, the offender being engaged in similar calling; or to any habitual beggar , the
offender being an ascendant, guardian, teacher or any person entrusted in any capacity with the
care of the child
Inducing a minor to abandon the home of its ascendants, guardians, teacher, curators to follow any
acrobat, gymnast, rope-walker, diver, wild animal tamer, the offender being engaged in similar
calling or to any habitual vagrant or beggar, offender being any person

Circumstance qualifying the offense is the delivery in consideration any price, compensation or promise.

Art. 279. Qualified trespass to dwelling

Elements:
Offender is a private person
That he enters the dwelling of another
That the entrance is against the will of another.

PP. v. Peralta
Against the will means that the entrance is impliedly or expressly prohibited or prohibition is assumed.
Gabriel v. CA
There is an express prohibition to enter the dwelling when the owner of the house told the accused to wait
in the porch and thereafter closed the door behind her as she enters the drawing room.
Pp. v. Armecin
Trespass may be committed by the owner of the house if she, regardless of the purpose, enter the room of
the occupant without the latter’s knowledge or consent and against the latter’s will, he ciolates the privacy
of abode of the occupant constituting trespass to dwelling.
Still, trespassing is committed by the person having the permission to enter but refuses to leave the same.
Exceptions:
The purpose of the entrance is to prevent greater harm to himself, occupant or third person
When the purpose of the entrance is to render service to humanity or justice
Anyone who shall enter cafes, taverns, inns and public houses while they are open.

Art. 281. Other forms of trespass

Elements:
That the offender enters a closed premises or closed estate of another
That the entrance is made while either of them is uninhabited
That the prohibition be manifest
The trespasser has not secured the permission of the owner or caretaker thereof

Art. 282 Grave threats

Any person who shall threaten another with the infliction upon the person, property or family of any
wrong amounting to a crime.
Act punishable:
By threatening another with the infliction upon his person, honor, property or family of any wrong
amounting to a crime and demanding money or imposing any other condition, even though not
unlawful, offender attained his purpose.
By making such threat without attaining his purpose
By threatening another with the infliction upon his person, honor, property or family of any wrong
amounting to a crime, the threat not being subject to a condition
Qualifying circumstance:
The threat is made in writhing and through a middleman.
Crime of grave threats is consummated as soon as the threats come to the knowledge of the person
threatened. It is sufficient that the threats have been made in his absence, come to the knowledge of the
offended party
Note: If the objective of the offender Is another crime and threats are a means to commit another crime or
threats is incidental to the crime, the threat is absorbed to the crime.
If the threat is made with a deliberate purpose of crating in the mind of the person threatened the belief
that the threat will be carried into effect, the crime committed is grave threats and the minor crime is
disregarded.

Art. 283. Light threats

Threat to commit a wrong not constituting a crime, made in the manner of demanding money or imposing
any other condition, even though not unlawful.
Elements:
That the offender makes threat to another person
The threat does not constitute a crime
That demand for money or other condition is imposed, even though not unlawful
That the offender attained his purpose or have not attained his purpose.
Bantolawon v. Leorente
Blackmail is punished in this Article (283) if money is demanded under threats of exposure. Also, a threat
to file disbarment proceeding by a client to his lawyer unless given 1000 by the latter is light threats

Art. 284. Bond for good behavior

The person making threats may be required to give bail not to molest the person threatened , or if he failed
to give such bails, he will be sentence to destierro.
This is applicable to cases of grave and light threats.

Art. 285 Other Light Threats

Threatening another with a weapon or drawing a weapon during a quarrel, except in lawful self-
defense.
Orally threatening another in the heat pf anger and by his subsequent acts did not persist in the
idea involved in the threat, provided that the circumstances not fall in Art. 282 (Grave threats)
By orally threatening another with harm not constituting a felony.

Art. 286. Grave Coercions

Any person, who without authority of law, by means of violence, shall prevent another from doing
something not prohibited by the law, or compel him to do something against his will, whether it be right or
wrong.
Two ways of committing grave coercion
1. By preventing a person by means of violence, threat or intimidation, from doing something not
prohibited by the law.
2. By compelling a person by means of violence, threats or intimidation, in doing something against his
will, whether it be right or wrong.
Elements:
That a person be prevented from doing something not prohibited by the law or compelled in doing
something against his will, whether it be right or wrong.
That the prevention or compulsion be effected by intimidation or such display of it as to produce
intimidation and control the will of the offended party.
That the person who restrained the will and liberty of another had no right to do so, or in other
words, the restraint was not made under authority of law or the exercise of a lawful right.
PP v. Cruz
If the carrying away of a woman without lewd designs, it is coercion, otherwise it is forcible abduction.
When the accused employed intimidation and violence upon the offended party to take her for a ride
without molesting her, coercion is committed.
PP. v. Nebreja
Forcibly ejecting a person from his possession of a parcel of land, even though the offender be the owner,
there is grave coercion for no person shall take the law into his own hands.

Art. 287. Light Coercion

That the offender is a creditor
That he seizes anything belonging to his debtor
That the seizure of the thing be accomplished by means of violence or any display of material force
producing intimidation
The purpose of the offender is to apply the same to the payment of the debt.
PP. v. Lacdan
It is sufficient that the attitude of the offender in seizing any personal property is notoriously menacing as
would amount to grave intimidation or create a situation that will necessarily intimidate the victim.
Unjust Vexation includes any human conduct, although not producing some physical or material harm,
however, annoy or vex an innocent person.
PP. Gozum
The test to determine whether the crime is unjust vexation is committed, is whether the offender’s acts
cause annoyance, irritation, vexation, torment, distress or disturbance to the mind of the person to whom
it is directed.

Article 288 Other Coercions

By forcing or compelling, directly or indirectly, or knowingly compelling or forcing of the laborer of
the offender to purchase merchandise or commodities of any kind from him.
 The person is any person, agent or officer of any association or corporation
 That he or such firm employed laborers and employees
 That he forces or compels, directly of indirectly or knowingly permits to be forced or
compelled, any of his laborers or employees to purchase merchandise or any commodities
of any kind from him or from said firm or corporation.
By paying the wages due his laborer or employee by means of tokens or objects other than legal
tender currency of the Philippines, unless expressly requested by such laborer or employee.
 The offender pays the wages due to his employee or laborer by means of token or objects
 That those objects are other than the legal tender currency of the Philippines
 The employee or laborer does not expressly request that he paid by means of tokens or
object

Article 288. Formation maintenance and prohibition of combination of capital or labor through threats
and violence
That the offender employs violence or threats in such a degree to compel or force laborers or
employers in the free and legal exercise of their industry or work.
That the purpose is to organize, maintain, prevent coalitions of capital or labor, strike laborers or
lockout of employers.
Peaceful picketing is a part of freedom of speech and therefore cannot be prohibited.
Mortera et.al v. CIR
Picketing in an orderly and peaceful manner is legal. It cannot be prohibited for it a part and parcel of the
freedom of speech guaranteed by the Constitution.

DISCOVERY AND REVELATION OF SECRETS

Art. 290 Discovering of secrets through seizures of correspondence

That the offender of a private individual or even a public officer not in the exercise of his official
function
That he seizes the papers or correspondence of another
That the purpose is to discover the secrets of such person
That he is informed about the contents of the papers or letters seized.
The qualifying circumstance of this offense is when the offender reveals the secrets of another to a third
person, penalty is higher

Art. 291. Revealing secrets with abuse of office

The secrets must come to the knowledge of the offender by reason of his office.
The offender is a manager, employee or servant
That he learns the secret of his principal and master in such capacity
That he reveal such secrets
Art. 292 Revelation of industrial secrets
The offender is a person in charge, employee or workman in the manufacturing or industrial
establishment
That the manufacturing or industrial establishment has secrets of the industry which the offender
has learned
The offender reveals such secrets
Prejudice is caused to the owner
The secrets must be relating to manufacturing processes invented by or for a manufacturer and used only
is his factory or in a limited number of them. When they are generally used, they are not secrets.

CRIMES AGAINST PROPERTY

Art. 293 who are guilty of robbery

Any person, with intent to gain, shall take the personal property belonging to another, by means of
violence against or intimidation of persons or force upon things.

Robbery is the unlawful taking of the personal property belonging to another, with intent to gain, by
means of violence against, intimidation of persons or force upon things.
The crime is consummated when the robber acquires possession of the property even for a short time, it is
not necessary that it should taken into the hands of the robber nor he should have taken the property
away, out of the physical presence of the lawful possessor ro made an escape with it. – PP. v. Quinn
Intent to gain or animus lucrandi is presumed by the taking of the personal property belonging to another ,
unless a special circumstance reveal a different intent on the part of the perpetrator.
Intimidation of person exists when fear or fright is created in the mind of the victim.
The element of asportation is present once the property is in fact in taken from the owner, even for just an
instant.
Element of asportation requires the unlawful taking of the personal property from the possession of its
owner without the privity or consent and without animus revertendi (inten to return)

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

Article 294. Robbery with violence against or intimidation of person

Acts Punished:
When by reason or on occasion of the robbery, crime of homicide is committed
When robbery is accompanied by rape or intentional mutilation or arson
When by reason or on occasion of such robbery any of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted.
When by reason of robbery resulting in the loss of use speech or the power to hear or smell, or loss
of an eye, a hand, or a foot, arm or a leg, the loss of any member or incapacity for work for which
the injured person is theretofore habitually engaged is inflicted.
If the violence or intimidation employed in the occasion of the robbery is carried to a degree
clearly unnecessary for the commission of the crime.
When in the course of its execution, the offender shall have inflict upon any person not responsible
for the commission of the robbery any of the physical injuries in consequence of which the person
injured becomes deformed or loses any other member of his body or loses the use thereof or
becomes ill or incapacitated for more than 90 days or the person injured becomes ill or
incapacitated for labor for labor for more than 30 days.
If the violence employed by the offender does not cause any serious physical injuries defined in
Article 263 or if the offender employs intimidation only.
Crimes defined in Article 294 is a special complex crime, Art 48. The homicide may precede occur after
robbery, however the primary intent must be taking of personal property with intent to gain

PP vs. De Jesus
Homicide is said to have been committed by reason or on the occasion of robbery if it is committed:
To facilitate robbery and escape the culprit
To preserve possession by the culprit of the loot.
To prevent the discovery of the commission of the crime
To eliminate witnesses to the commission of the crime
Par. 1 Robbery with Homicide
PP v. Madrid
All the homicides or murders are merged in the composite, integrated whole that is robbery with homicide
so long as all the killings were perpetrated by reason or on occasion of the robbery.
PP v. Hernandez
The crime is robbery with homicide if the killing comes first and the taking of the money from the body of
the deceased, provided that the intent to gain is present before the killing.
PP. v. Cabbab
Attempted homicide or frustrated homicide committed during or on occasion of the robbery, is absorbed
in the crime of Robbery with Homicide, which is a special complex crime That remains fundamentally the
same regardless of the number of homicides or injuries committed in connection with robbery.
PP. v. Sanguesa
When a person knew of the crime of robbery to be the only offense to be perpetrated but not killing. He
will inly be held accessory only of simple robbery, not robbery with homicide.
Par. 2 Robbery with rape
PP. v. Dinol
The offender must have the intent to take personal property belonging to another and it must precede
rape.
PP. v. Faigano
It was held that when the accused entered the house of the victim with the intent to satisfy sexual desires,
and after which took the cash and pieces of jewelry against the victim appears to be an afterthought. The
accused is guilty of separate crimes of robbery and rape.
Par. 3 Robbery with serious Physical Injuries
Par. 4 Robbery with Unnecessary violence and intimidation
If physical injuries were inflicted after the commission of the crime, , the serious physical injuries should
be considered a separate offense.
Par. 5 Simple Robbery
The violence used against the person does not result in physical injuries.

Art. 295 Robbery with physical injuries, committed in an uninhabited place and by a band, or use of
firearm on a street, road or alley (Qualified Robbery)
When is Robbery with violence against and intimidation of persons qualified?
If the offenses defined in Subdivisions 3, 4 and 5 of Art 294 is committed in
 An uninhabited place
 By a band
 Attacking a moving train, streetcar, motor vehicle or airship
 Entering the compartments of passenger in a train or in any manner taking passengers
thereof by surprise in their respective conveyances
 Intimidation is made with the use of firearms on a street, alley or highway

Art 296. Definition of a band and penalty incurred by the members thereof
A member of the band is liable for any of the assaults committed by the other members, when the
following requisites concur:
  That he was a member of the band
 That he was present at the commission of robbery by that band
 That the other members of the band committed an assault
 That he did not attempt to prevent the assault
PP vs. Pascual
The robbery not committed by a band (less than 4 persons) the robber who did not take part in the
assault is not liable for that assault. But when there is conspiracy to commit homicide and robbery, all
conspirators, even if less than four armed men, are liable for the special complex crime of robbery with
homicide. (PP. vs. Espejo)

PP. Escober
Whenever homicide is resulted as a consequence of or on occasion of robbery, all those who took part in
the commission of the robbery are also guilty as principals in the crime of homicide unless it appears that
they endeavored to prevent the homicide.

Article 297. Attempted or frustrated robbery under certain circumstances

AS long as the homicide is committed by reason or on occasion of an attempted or frustrated robbery,
penalty is from Reclusion Temporal to Reclusion Perpetua
When the offense is committed is frustrated or attempted robbery with serious physical injuries, Art. 28
will apply

Art 298 Execution of deeds by means of violence or intimidation

That the offender has intent to defraud another
That the offender compels another to sign, or execute or deliver public instrument or document
Compulsion is by means of violence or intimidation

Art.299. Robbery in an inhabited house or public building or edifice devoted to worship

Art 299 provides for two modes in committing robbery with force upon things
Subdivision A
That the offender entered an inhabited place, public building or edifice devoted to worship
That entrance was effected by any of the following means
 Through an opening not intended for entrance or egress
 By breaking walls, floors, roof, or doors or windows
 By using false keys, picklocks, or other similar tools
 By using any fictitious name or pretending as a public officer in the exercise of public
authority.
Once inside, the offender took personal property belonging to another with intent to gain
PP v. Aurillo
The manner of entrance into the house was not proven, the crime is theft not robbery.
Inhabited house is any building, ship or vessel constituting a dwelling of one or more persons even though
the inhabitants thereof are absent when the robbery is committed

Public building is any building owned by the Government or private individual but used or rented by the
Government although temporarily unoccupied by the same.
SUBDIVISION B
 That the offender is inside the dwelling house, public building or edifice devoted to religious
worship, regardless of the circumstances by which he entered it
 That the offender takes the personal property of another, with intent to gain, under any of the
following circumstances
 By breaking doors, wardrobes, chests or any kind of locked or sealed furniture or
 receptacle
 Taking such furniture or receptacle away to be broken or forced open outside the place of
robbery.
A person who opens by force a locked or sealed receptacle which had been confided into his custody and
takes money therein, id not liable of robbery but estafa. Accused did not commit the act in the house of the
offended party, or does not take the receptacle out of the house of its owner.

Art. 300. Robbery in an uninhabited house by a band

Robbery with violence against or intimidation of persons must be committed in an uninhabited place and
by a band. These 2 things must concur. (U.S v. Morada)

Art. 301. What is an inhabited house, public building or building dedicate for worship and their
dependencies
Inhabited house is any shelter, ship or vessel constituting dwelling of one or more persons even though
the inhabitants are temporarily absent during the robbery.
Public building is any building owned by the government or any private person but rented by the
Government, although temporarily unoccupied by the same.
Dependencies are all interior courts, corrals, warehouses, granaries or enclosed spaces contiguous to the
building, having an interior entrance connected therewith, which forms part of the whole. (ART 301,
Par.2 )
Orchards and other lands used for cultivation or production are not included in the term dependencies
(Art 301, par 3)

Art. 302. Robbery in an uninhabited place or in a private building

Elements:
That the offender entered an uninhabited place or building, which is not a dwelling house, not a
public building or not an edifice devoted for religious worship
That any of the circumstances are present:
 The entrance is effected through an opening intended for entrance or egress
 A wall, roof, floor, or outside door or window is broken
 The entrance is effected by the use of false keys, picklocks or similar tools
 A door, wardrobe or chest or any sealed or closed furniture or receptacle is broken
 A closed and sealed receptacle was removed , even if the same is opened elsewhere
With intent to gain, the offender took therefrom the personal property belong to another.
Although a store may be used as a dwelling, the information must allege that the store was used as a
dwelling to sustain conviction for robbery in an inhabited house (Pp. v. Tubog) otherwise it should be
considered as perpetrated in an uninhabited house penalized under art 302 of the rpc (People vs. Angeles)

Art. 303. Robbery of cereals, fruits or firewood in an uninhabited house or private building

Art. 304. Possession of picklocks or similar tools

Any person who, without unlawful cause, have in his possession picklocks or similar toolsspecially
adopted to the commission of robbery
Elements:
The offender has in his own possession picklocks and other similar tools.
Such picklocks or similar tools are specially adopted to the commission of robbery
The offender does not have a lawful cause.
 Art. 305. False Keys
It includes:
Tools mentioned in 304
Genuine keys stolen from the owner
Other keys other than those intended by the owner for the use in the lock, forcicbly opened by the
offender

BRIGANDAGE
It is the crime committed by more than three armed persons who form a band of robbers for the purpose of
committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom,
or for any other purpose to be attained by means of force and violence.

Art. 306. Who are brigands

There is brigandage when
There be at least 4 armed persons
They formed band of robbers
The purpose is any of the following:
 To commit robbery in the highway
 To kidnap persons for the purpose of extortion or obtaining ransom
 To attain by means of force and violence.
Things to prove:
There is an organization of more than three person forming a band of robbers
The purpose of the band is any of those enumerated in art.306
They went upon the highway or roam upon the country for that purpose
The accused is member of scuh band

Article 307 Aiding or abetting a band of brigands

That there be a band of brigands
That the offender knows the band to be of brigands
The offender does any of the following acts
 He in any manner abets, aids or support such band of brigands
 That he gives the information of the movement of the police or peace officers of the
Government
 He acquires or receives property taken by such brigands
It shall be presumed that the person performing any of the acts provided in this article has
performed them knowingly, unless contrary is proven (Art. 306,2 )

THEFT
Theft is committed by any person, with intent to gain but without violence against or intimidation of person
nor force upon things, shall take the property of another without the latter’s consent.

Art. 308. Who are liable for theft

Those who (a) with intent to gain (b) but without violence against or intimidation of persons or
force upon things (c )take (d)personal property (e) of another (f)without the latter’s consent
Those who (a)having found a lost property, (b) fail to deliver the same to the local authorities or
its owner
Those who (a)having maliciously damaged the property of another, (b) remove or make use of the
fruits or object of the damage caused by them
 Those who (a) enter an inclosed estate or a field where (b) trespass is forbidden or which belongs
to another and without the consent of the owner (c) hunt or fish upon the same or gather fruits,
cereals or other forest or farm products
Elements:
 That there be taking of the personal property
 That the said property belongs to another
 The taking be done with intent to gain
 That the taking be accomplished without use of violence against or intimidation of persons or force
upon things. (U.S v. De Vera)
Taking is considered complete once the offender gains possession of the thing , even if has no opportunity
to dispose of the same (PP. v. Bernabe)

The actual transfer of possession may not always and by itself constitute the unlawful taking, but an act
done soon thereafter by the offender which may result in taking or asportation. In such case, the article is
deemed to have taken also , although in the beginning, it was given to or received by the offender. (PP. v.
Roxas.)
Personal property also includes electricity and gas because they are valuable article of merchandise
bought and sold like other personal property and is capable of appropriation by another.
PP v. Ungal
When the person has in his possession, part of the recently stolen property, he is presumed to be the thief
of all. In the absence of satisfactory explanation of his possession. This rule stated applies only when all the
good were lost at the same time, in the same place and on the same occasion

Par 1 Art 308 – Theft “lost property” how to prove

 Time of seizure of the thing
 That it was the lost property of another
 That the accused having the opportunity to return or deliver the lost property to the owner or local
authorities failed to do so (pp. vs Rodrigo)
Par 3 Art 308 Hunting, fishing or gathering fruits, etc in an enclosed estate
Elements:
 That there is an enclosed estate of field where trespass is forbidden or which belongs to another
 That the offender enters the same
 That the offender hunts or fishes upon the same or gathers fruits, cereals, other forest or farm
products in the estate or field.
 That the hunting, fishing or gathering Is without the consent of the owner
Note: It is qualified theft if fish is taken from the fishpond or fishery

Art. 309. Penalties

Basis of penalty in theft is
 Value of the thing stolen in some cases
 The value and the nature of the property taken
 Causes that impelled the culprit to commit the crime


Art. 310 Qualified Theft

Elements
 That there is a taking of personal property
 That the said property belongs to another
 That the taking is done with intent to gain
 That it be done without the consent of the owner
  That it be accomplished without the use of violence against, intimidation of persons of force upon
things
 That it be done wit h grave abuse of confidence (PP. Puig)
Theft is qualified
 Committed by domestic servant
 Committed with grave abuse of confidence
 Property stolen is a (a) motor vehicle, (b) mail matter (c) large cattle
 If the property stolen consists of coconuts taken from the premises of plantation
 If the property stolen is fish taken form the fishpond or fishery
 If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any other
calamity, vehicular accident or civil disturbance
GRAVE ABUSE OF CONFIDENCE
It must be an allegation in the information and proof of relation, by reason of dependence, guardianship or
vigilance between the accused and offended party, that has created a high degree of confidence between
them which the accused abused. PP . Koc Song
MAIL MATTER
What makes the mail matter qualified is the fact that the subject thereof is mail matter , regardless of
whether the offender is a postal employee or a private individual (Marcelo v. Sandiganbayan)

Art. 311. Theft of the property of the National Library and National Museum
While the penalty for theft or other property depends on the value of the property taken, under 311 the
penalty is fix without regard to the value of the property of the national library or national museum
(arresto menor; 40k to 100k)

USURPATION

Art 312. Occupation of real property or usurpation of real rights in property

Acts punished
 By taking any real property belonging to another by means of violence against or intimidation of
person
 By usurping real rights in property belonging to another by means of violence against or
intimidation of person
Elements:
 That the offender takes possession of the real property or usurps real right in property
 The real property or real rights belong to another
 That violence against, intimidation of persons is employed by the offender in occupying the real
property or usurping real rights in property
 There is an intent to gain

Art. 313 Altering boundaries or landmarks

Elements:
That there be boundary marks or monuments of towns, provinces or estate or any other marks
intended to designate the boundaries of the same.
That the offender alters the boundary marks
Mere alteration of the boundary marks or monuments intended to designate the boundaries of towns,
provinces or estate is punishable.
Fraudulent intent is not necessary for the crime to exist

Art. 314 Fraudulent Insolvency

Elements:
 That the offender is a debtor; he has a debt that is due and demandable
That he absconds with his property
That there be prejudice to his creditors
In Insolvency Law, it requires for its application that the criminal act should have been committed after
the institution of the insolvency proceedings. In Art. 314, there is no such requirement and it is not
necessary that the defendant shpuld have been adjudged bankrupt of insolvent

SWINDLING AND OTHER DECEITS

Art. 315 Swindling (Estafa)

Estafa in General (Elements)
That the accused defrauded another (a) by abuse of confidence (b) means of deceit
That the damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person
THREE SUBDIVISION CLASSIFYING DIFFERENT FORMS OF ESTAFA
With unfaithfulness and abuse of confidence
By means of false pretense or by fraudulent acts
Through fraudulent means
1ST SUBDIVISION – ESTAFA WITH UNFAITHFULNESS
The offender has an onerous obligation to deliver something of value
That he alters the substance, quality or quantity
That damage or prejudice is caused to another
SUBDIVISION 1, PAR B- ESTAFA WITH ABIUSE OF CONFIDENCE
That money, goods or other personal property be received by the offender in trust , or on
commission or for administration , or any of other obligation involving the duty to make delivery
of, to return the same
That there be misappropriation or conversion of such monry or property by the offender or denial
on his part of such receipt
That such misappropriation and conversion is to the prejudice of another
That there is a demand made by the offended party to the offender.
Note: Juridical possession means a possession that gives the transferee a right over a thing which the
transferee may set up even against the owner.
When the thing received by the offended party in trust, on commission or for administration, the offender
acquires both physical and juridical possession of the thing received.
THREE WAYS OF COMMITING ESTAFA WITH ABUSE OF CONFIDENCE
Misappropriating the thing received
Converting the thing received
Denying that the thing was received
If the offender receives a thing form the offended party where he acquired material or physical
possession, and later misappropriated it, he will be guilty of theft.
If the offender receives a thing form the offended party, where the offender also acquired juridical
possession of the thing and he later misappropriated it, will be guilty of estafa.

1(c)ESTAFA BY TAKING ADVANTAGE OF SIGNATURE IN BLANK

That the paper with the signature of the offended party be blank
Thae offended party should have delivered it to the offender
That above the signature of the offended party, a document is written by the offender without
authority to do so
That the document so written creates a liability or causes damage to the offended party or any
third person
ESTAFA BY MEANS OF DECEIT
That there be a false pretense, fraudulent act or fraudulent means
 That such false pretense, fraudulent acts or fraudulent means must be made or executed prior to
or simultaneously with the commission of the fraud.
That the offended party must have relied on the false pretense, fraudulent act or fraudulent means,
that is he was induced to part with his money or property because of false pretense, fraudulent
acts or means
That as a result, the offended party suffered damages
THREE WAYS OF COMMITTING ESTAFA BY MEANS OF DECEIT
By using fictitious name 2(a)
By falsely pretending to possess power, influence, qualification, property, credit, agency, business
or imaginary transaction (1b)
By means of similar deceits
ESTAFA BY MEANS OF FRAUDULENT ACTS
Acts must be characterized by or founded on deceit, trick or cheat
Par. 2 (d)ESTAFA BY POTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION
That the offender postdated a check, or issued a check in payment of an obligation
Such postdating was done by the offender when he had no funds in the bank or the funds
deposited are not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the amount necessary to cover his check within 3 days
from receipt of notice from the bank or payee or holder, that said check has been dishonored for lack of or
insufficiency of the funds shall be prima facie evidence of deceit constituting false pretense or fraudulent
acts.
ESTAFA BY OBTAINING FOOD OR ACCOMODATION AT HOTEL, ETC
By obtaining food, refreshment, accommodation at a hotel, inn, restaurant, boarding house, lodging
house or apartment house without paying therefor with intent to defraud the proprietor, manager
thereof
By obtaining credit at any of the establishments by the use of false pretense
By abandon or surreptitiously removing any part of his baggage from the said establishments after
obtaining credit, food, refreshment or accommodation therein, without paying therfor.
ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT
That the offender induced another to sign a document
That the deceit is employed to make him sign the documents
That the offended party personally signed the document
That prejudice is caused
ESTAFA BY RESORTING TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS IN GAMBLING GAME
Art 1141 of the Civil Code states that no action can be filed on an immoral or illegal contract and
has no application in the crime of Estafa even if the offended party consented to the fraudulent
scheme
ESTAFA BY REMOVING OR CONCEALING OR DESTROYING DOCUMENTS- no. 3(c)
That there be court records, office file, documents or other papers
That the offender removed, concealed or destroyed any of them
The offender had intent to defraud another
Note that if there is no intent to defraud another, the act of destroying court records will be malicious
mischief.
Element of damage or prejudice may consist in:
The offended party being derived of his money or property as a result of defaudation
Disturbance on property rights
Temporary prejudice
Javier v. PP
Payment made subsequent to the commission of the crime of Estafa does not alter the nature of the crime
committed nor does it relieve the offender from penalty prescribed by the law. The partial payment made
subsequent to the commission of the crime of Estafa does not reduce the amount actually misappropriated
, which is the basis of the penalty.
PP v. Gervacio
Accepting of partial payment by the offended party or the amount misappropriated by the accused is not
one of the means of distinguishing criminal liability under Article 89.
Camus v. CA
When the offended party in the crime of Estafa accepts a promissory note of the accused for the repayment
of the money already converted , the offense is not obliterated.

Article 316. Other forms of swindling

Par. 1 By selling, encumbering, or mortgaging any real property, pretending to be the owner thereof
That the thing is immovable, such as parcel of land or a building
The offender who is not the owner of the said property should represent that he is the owner
thereof
That the offender executed an act of ownership (selling, leasing, encumbering, mortgaging ) on the
real property
That the act be made to the prejudice of the owner or third person
Par. 2 By disposing any real property as free from encumbrance, although such encumbrance be not
recorded
The thing to be dispose of is a real property
That the offender knew that the property was encumbered, whether encumbrance is recorded or
not
That there must be express representation by the offender that the real property is free form
encumbrance
The act of disposing of the real property be made to the damage of another
Par. 3 By wrongfully taking by the owner of his property from its lawful possessor
That the offender is the owner of the personal property
That the said personal property is in the lawful possession of another
That the offender wrongfully takes it from its lawful possessor
That the prejudice is thereby caused to the possessor or third person
Par. 4 By executing a fictitious contract to the prejudice of another
May be illustrated in a case that a person simulates a conveyance of his property to another for the
purpose of defrauding his creditors
Par. 5 By accepting compensation for the services not rendered or for labor not performed
This kind of Estafa requires fraud as an important element. If there is no fraud, it becomes a
payment not owing , known as solution indebiti under the civil code, with civil obligation to return
the wrong payment. The act that constitutes Estafa under this paragraph is the malicious failure to
return the compensation wrongfully received
Art. 316 par. 6 By selling, mortgaging or encumbering real property or properties with which the offender
guaranteed the fulfillment of his obligation as surety.
That the offender is a surety in a bond given in a criminal or civil action
That he guaranteed the fulfillment of such obligation with his real property or properties
That he sells, mortgages, or in any manner encumbers said real property
That such sale, mortgage or encumbrance is:
(a) without express authority from the court
(b) made before the cancellation of his bind
(c) before being relieved from the obligation contracted by him

Art. 317. Swindling a minor

That the offender takes advantage of the inexperience or emotions or feeling of the minor
That he induces such minor to
(a) assume an obligation
(b) to give release
(c) to execute a transfer of any property right
 That the consideration is (1) some loan of money (2) credit (3) personal property
That the transaction is to the detriment of such minor

Art. 318 Other Deceits

By defrauding or damaging another by means of deceit not mentioned in the preceding artic;e
By interpreting dreams, telling forecasts, by telling fortunes or by taking advantage of the credulity
of the public in any similar manner, for profit or gain

Art. 319. Removal, sale or pledge of mortgaged property

Any person who shall knowingly remove any personal property mortgage under Chattel Mortgage
Law to any province or city other than the one in which it was located at the time of the execution
of mortgage, without the written consent of the mortgagee, his executors, administrators or
assigns.
 That the personal property is mortgaged under the Chattel Mortgage Law
 The offender knows that such property is so mortgaged
 That he removes such mortgaged property to any province or city other than the one in
which it was locates at the time of the execution of the mortgage
 The removal is permanent
 That there was no written consent of the mortgagee, or his executors, administrators or
assigns to such removal.
PP. v. Vda de Agoncillo
It is essential that there be a valid and subsisting chattel mortgage. If the chattel mortgage does not
contain an affidavit of good faith, and is not registered, it is void and cannot be a basis of a criminal
prosecution under Art. 319.
PP. vs Mata
If the mortgagee elected to file a suit for collection not foreclosure, thereby abandoning the
mortgage as basis for relief, removal of the property to the province other than where it is
originally located at the time of the execution of the mortgage id not a violation of Par 1 of Art. 319
Any mortgagor who shall sell or pledge personal property already pledged or any part thereof ,
under the terms of Chattel Mortgage Law, without the consent of the mortgagee written at the back
of the mortgage and noted on the record thereof in the office of the Register of Deeds of the
province where such property is located.
 That the personal property is already pledged under the Chattel Mortgage law
 That the offender, who is the mortgagor of such property, sells or pledges the same or any
part thereof
 That there is no consent written at the back of the mortgage and noted on record in the
Register of Deeds.
The consent of the mortgagee must be: in writing, on the back of the mortgage and noted on record
in the Register of Deeds. Thus if the consent is written only on a separate piece of paper the sale or
pledge of the property by the mortgagor is a violation of Art 319
PP. v. Alvarez
Selling or pledging of personal property already pledged is committed by mere failure to obtain the
consent of the mortgagee in writing , even if the offender should inform the purchaser that the
thing sold is mortgaged.

MALICIOUS MISCHIEF
Malicious mischief is the willful damaging of another’s property for the sake of causing damage due to hate,
revenge or other evil motive,

Art. 327. Who are liable for malicious mischief?

Any person who shall deliberately cause to the property any damage not falling within the terms of the
next preceding chapter, shall be guilty of malicious mischief.
Elements:
That the offender deliberately caused damage to the property of another
That such act does not constitute arson or any other crimes involving destruction
That the act of damaging another’s property be committed merely for the sake of damaging it.
Quizon v. Justice of Peace
It follows that in the nature of things, malicious mischief cannot be committed through negligence , since
culpa and malice are essentially incompatible.
PP. v. Siddayao
Malicious mischief embraces those attempts against personal property inspired sometimes by hatred or a
desire for revenge and sometimes by mere pleasure of destroying.
Art 2176 of the Civil Code
If there is no malice in causing the damage, the obligation to repair or pay for damages is only civil
PP. v. Asido
Damaage means not only loss but also diminution of what is man’s own.
U.S v. Gerale
The crime of malicious mischief is not solely determined by the mere act of inflicting injury upon the third
person. It has to be shown that the act had in its object the injury of the property merely for the sake of
damaging it.

Art. 328 Special Cases of Malicious Mischief (Qualified Malicious Mischief)

Any person who shall:
Cause damage to obstruct public functions
Using any poisonous or corrosive substances
Spreading any infection or contagion among the cattle
Causing damage to the property of National Museum or National Library, or to any archive or
registry, waterworks, road, promenade or any other thing used in common by the public.

Art. 329. Other Mischief

Other mischief not included in 328 are punished according to the value of the damage caused

Art. 330 Damage or obstruction to means of communication

This is committed by damaging any railway, telegraph or telephone lines.
Circumstance qualifying this offense:
If the damage shall result to any derailment of cars, collision, or other accident, a higher penalty is
imposed.
This applies to person who cuts the telegraph or telephone wires. But it must refer to a railway system
resulting to derailment of cars, collision, etc.

Art. 331 Destroying or damaging statutes, public monuments, or paintings

Art 332. Persons exempt from criminal liability

Crimes involved in the exemption:
Theft
Swindling (Estafa)
Malicious Mischief
Persons exempted from criminal liability
Spouses, ascendants, descendants, relatives by affinity in the same line
The widowed spouse with respect to the property which belonged to the deceased spouse before
the same passed into the possession of another
Brothers and sisters and brothers-in-law and sisters-in-law if living together

Reason for the exemption

The law recognizes the presumed co-ownership of property between the offender and the
offended party.
Stranger who participates in the commission of the crime is not exempted from liability (last par of
art 332)
PP. vs. Alvarez
The stepmother and the stepfather is included as ascendants by affinity.
Guevara
An adopted or natural child shall also be considered as relatives included in the term descendants and a
concubine or paramour within the term spouses.
Art. 332 applies to common law spouses as the civil code also concedes to a man and woman living
together as husband and wife without the benefit of ceremony, the right of ownership to the “property
acquired by either both of them through their work or industry or their wages or salaries.”
The absolutory cause in Art 332 applies only to simple crimes of theft, swindling and malicious mischief.
As an act of grace, the State waivers its right to prosecute the offender of the same crimes but leaves the
private offended party the choice to hold the offender civilly liable. It does not apply to felonies under Art
332 is complexed with another crime. The state considers that the violation against the juridical right of
the offender against certain family members a private matter and subject only to civil liability. (Intestate
Estate of Carungcong v. PP )