7. What ae the elements of unlawbl arest? 8. What are the elements of qualified trespass to dwelling? 9. What ae the elements of grave coercions? 10, A, a janitor in a small convenience store, detained B (the girl of his dream) in an abandoned building to foree the latter 10 Jove him in retum, The detention lasted for one and a half days. What rime did A commit? “kununoas aNV ARTY WNosia LesIvDY Sanaa xt ELV] — Chapter X CRIMES AGAINST PROPERTY 5 “Our houses are such unwieldy property that we are often imprisoned boca eean’ 2 5 : hn Dit Than een itr tn Genre 29 i The time is commited with the confuence of the 4 following elements: (I) That there is taking of personal property; (2) That the personal property belongs to another: (3) That the taking is with animus fucrandi (intent to gain); and (4) That the ‘aking is with violence against or intimidation of persons or with force upon things. (Consulta v People, 578 SCRA 648) NOTES. Intent to gain may be presumed from the proven unlawful taking. (People w Det Rosario, G.R, No. 131036, June 20, 2001, 359 SCRA 166) ‘But when one takes the property under claim of ile, intent to gain is lacking. (US Manluco, 28 Pil. 360) Ifa son gets his Fathers revolver to threaten the later, there is no robbery but grave threat. In robbery, the taking must ‘be coupled with the idea of permanency. (See People v. Ho Choe, 500.6, 1667) Robbery may be established by presumption while homicide may be established by corpus delict (the fact of the commission of the crimé). (People Repuela, G.R. No, 85178, March 15, 1990) 64 ‘SPECIFIC CRIMES AND THEIR ELEMENTS SF esl ful Cae Boa AO ELEN SPECT Revie fn Cae Woah 65[feexceton ‘Thettis committed by any person who, with intent to but without violence against o intimidation of persons nor force ‘upon things, shall take the personal property of another without the latter's consent. (Matrido People, 992 SCRA S34) Its elements are: (1) That there is taking of personal property; (2) That the property taken belongs to anotir; (3) That the taking was done with intent to gsi; (4) That the taking was ‘done without the consent of the owner; (5) That the taking is accomplished without the use of violence against or intimidation ‘of persons or force upon things. Persons who at lable for theft: (1) Those who with intent to gain, but without violence against or intimidation of persons nor forve upon things, take personal property of another without the latter's consent; (2) Those who having found lost property, fails to deliver the same to the local authorities orto its owner, {G) Those who, after having maliciously damaged the property of another, remove or make use of the fruits or objects of the ‘damage caused by them: (4) Those who enter an enclosed estate ‘or a field where trespass i forbidden or which belongs to another and, without the consent ofits owner, huat ot fish upon the same ‘or gather fruits, cereals or other forest or farm products. AIIJOWG ISNIVOY SBN X (Qualified Theft (Art. 310) ‘The elements of qualified theft are: (1) That thee was a taking of personal property: (2) That the said property belongs to another; 3) That the taking was done without the consent ofthe ‘owner; (4) That the taking was done with intent to gun; (3) That the taking was accomplished without volenee or intimidation against person, o force upon things; (6) That the taking was done under any of the circumstances enumerated in Article 310 of the RPC. (Matrido x. People, 592 SCRA 534) NOTES. - So long as the juridical possession ofthe thing appropriated did not pas to the employee-perpetator, the offense committed remains o be theft, qualified or otherwise. (Ibid) ‘Thetis qualified if (1) committed by a domestic servant; (2) committed with grave abuse of confidence; (3) the property stolen is & motor velficle, mail matter, oF large catle; (4) the property stolen consists of coconuts taken ftom the premises of a plantation; (5) the property stolen i ish taken froma fshpond or fishery; (6) property is taken on the occasion of fre, earthquake, ‘yphoon, voleanie eruption, or any other calamity, vehicular accident, or civil disturbance. Brigandage (Art. 306) ‘The clements of brigandage are: (1) That there are least four armed persons; (2) That they formed a band of robbers; (3) ‘That the purpose is any of the following—{a) to commit robbery {nthe highway; (b) to kidnap persons for the purpose of extortion, ‘orto obtain ransom or (¢) to attain by means of foree and violence any other purpose While every brigand is a robber, every robber is not a brigand. (See US Maano, 2 Phil. 276) Occupation of Real Property or Usurpation of Real Rights In Property (Art. 312) ‘The elements of the crime are: (1) That the offender takes possession of any real property or usurps any real rights KD IdOudISNIVoV sawn x vaavits —J 6 _ Sas SPECIFIC CRIMES AND THEIR ELEMENTS 67 Fretted Rnd Cae Bostin property; (2) That the real property or real rights belong 0 another; (3) That violence against or intimidation of person is, used by the offender in occupying real property or usurping real rights in property; (4) That there is intent to gsi. Fraudulent Insolvency (Art. 314) Its elements are: (1) That the offender isa debtor, that i, hhe has obligations due and payable; (2) That he absconds with his property; (3) That there is prejudice to his creditors AFIJOWdISNIVDV SAND x HLAVEED ‘Swindling or Kstafa (Art. 318) ‘The elements (in general) of the erime ar: (1) That the accused defrauded another by abuse of confidence or by means of deveit; (2) That damage or prejudice capable of pecuniary estimation is caused tothe offended party or third person Elements of Estafa with unfaithfuless: 1. That the offender has an onerous obligation to deliver something of value; ‘That he alters its substance, quantity, or quality; ‘That damage or prejudice is caused to another. Elements of Estafa with abuse of confidence: 1. That money, goods, or other personal propery is received by the offender is trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, orto return, the same; 2, That there is misappropriation or conversion of such es Eee _money or property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another, and 4, That there isa demand made by the offended party to the offender, Elements of Estafa by taking undve disadvantage ofthe signature in blank: 4. That the paper with the signature ofthe offended party is in blank; ‘That the offended party delivered it to the offender; ‘That above the signature ofthe offended party a document is written by the offender without authority 0 do 50; 4. That the document so written creates a lability of, oF causes damage to, the offended party or any thitd person, Elements of Fstafa by means of fale pretenses or fraudulent acts 41. ‘That the offender employs any of the following false pretenses, fraudulent ats of fraudulent means (2) using fictitious name; falsely pretending to possess power, influence, qualifications, property, credit, ‘agency, business or imaginary transactions; or by ‘means of other similar deceits; (b) altering the quality, fineness, or weight of anything pertaining to his art or business; {c) pretending to have bribed any govemment employee, without prejudice tothe ation for calumny which the Ando 1ssivov sawn xewatavitg —J ‘SPECIFIC CRIMES AND THEIR ELEMENTS 69 Select fod Cae Boioffended party may deem proper to bring against the offender; (a) postdating a check, or issuing @ check in payment ‘of an obligation when the offender had no funds or insufficient funds in the bank; (@) obtaining any food, refreshment oF accommodation at a hotel, ina, restaurant, boarding house, lodging house, or apartment house and the like without paying therefore, with intent to defraud the proprietor or ‘manager thereof or by obtaining creditat the aforesaid establishments by the use of any false pretense; or by abandoning or surreptitiously removing any part of his baggage from said establishments after obtaining credit, food, refteshment, or accommodation therein without paying for his food, refteshment ot accommodation. KIOWA ISNIVOW SaHTAD XC waLAVIE) — [Elements of Estafa by inducing another to sign any document 4, That the offender induced the offended party to sign a document; ‘That deceit be employed to make him sign the document; ‘That the offended party personally signed the document; ‘That prejudice be caused Elements of Estafa by resorting to some fraudulent practice to Insure success gambling: 4, ‘That the offender participates in a gambling game; 2. ‘That he resorts to some fraudulent practice to insure success atthe gambling game. SPECIE CRIMES AND THER ELEMENTS 70 ORM Aan Cae Boa Elements of Estafa by removing, concealing or destroying documents: 4. That there be court record, office files, documents or any other papers; 2. ‘That the offender removed, concealed or destroyed any of them; 3, That the offended had intent to defraud another. NOTES. - There is no estafa if the transaction is one of sale, (See Salazar », People, G.R. No, 149472, August 18, 2008, 437 SCRA 41) Ina prosecution for estafa, demand is not necessary where there is evidence of misappropriation or conversion. However, failure to account upon demand, for funds or property held in trust, is circumstantial evidence of misappropriation, (Cosme ¥ People, GR. No, 1419753, November 27, 2006) ‘The demand need not be formal; it may be verbal. Thus, a query as to the whereabouts of the money is equivalent to a ‘demand. (Vide: Lee »: People, G.R. No. 157781, April 11, 2008, 455 SCRA 256) Arson Its defined as the malicious destruction of real property by means offre. Itisa crime committed by @ person who bums or sts fire to the property of another, or who sets fie to his own property under citeumstanees which expose to danger the life or property ‘of another. See People v. Acasta, 326 SCRA 49; Sec. 1, P.D. No. 1613 [New Arson Law repealing or amending Arts, 320 to 326-3 of the RPC) ‘SPECTCCRES AND THER EMENTS 7 sso assavny sarerenx watavis —JPD 1613 pronounces as guilty of arson any person who deliberately bums another person's propery, wherever located, ‘The elements of arson under Section 3 (2) of PD. No, 1613 are:(1), ‘That theres intentional buming; and (2) That whats intentionally ‘bummed is an inhabited house or dwelling. (See People x, Omotoy, 267 SCRA 143) “If the property bumed is personal property except train, airplane, vessel, watercraft or conveyance for transportation of persons or property (See. 2 of PD. No. 1613 as amended by Sec. 10 of R.A. No. 7659), in motion, it would seer that the erime is malicious mischief” (Sandoval, Polners in Criminal Lave (2010),p. 144) ADISIOWISNIVBV SANRIO X WALAVH The circumstances mentioned in Article 320 of the RPC classify the felony asdestructivearson. Sucheircumstances include the burning of “one or more buildings or edifices, consequent to le act of burning, or asa result of simultaneous burnings, ‘or committed on several or different occasions.” ‘Malicious Mischief (Art. 327) ‘The elements of malicious mischief are; (1) That the offender deliberately caused damage tothe property of another; (2) ‘That such act does not constitute arson or other crimes involving, destruction; (3) That the ct of damaging another's property was. ‘committed merely forthe sake of damaging it 72 SPECIIC CRIMES AND THEIR ELEMENTS vue Poul Cade Boa TL What are the elements of theft? REVIEW QUESTIONS Give five examples of erimes against property wy, @, e) @) ©. ‘What are the elements of robbery in general? i 3 i ‘Who are the persons liable for theft under Article 308 of the RPC? ‘What are the elements ofestafa in general? ‘What are elements of brigandage? Every robber isa brigand. Do you agree? Why? ‘SPECIFIC CRIMES AND THETR ELEMENTS 73 Steve Pea Cade Ba8. What are the circumstances enumerated in Arle 310 of Chapter XI the RPC that qualify the ere of the? CRIMES AGAINST CHASTITY 9. What arth elements of faudulent insolvency? chs sot aint obo, ss” ‘-Usal Yada, 4 Walt nthe Rain 10. Agothis brother's revolver just to threaten and discourage the latter from attending his graduation ball. What crime Adultery (Art. 333) ‘has A commited, if any? ‘The essence of adultery isthe violation of the marital vow. The gist ofthe crime is the danger of introducing spurious heirs into the family, where the sight ofthe real heirs may be impai ‘nd @ man may be charged withthe maintenance of a family not his own, (US: Mata, 18 Phil. 490) Aniuow IsNIvov saNnI xX¥LAv — 2 Z : 3 a 3 “To convict a woman for adultery, the following elements must be proved: (1) That the woman is married; (2) That she has sexual intercourse with a man not her husband; (3) That as regards the man with whom she has sexual intercourse, he must know her lo be married Concubinage (Art. 334) Its elements are: (1) That the man is married (2) That he is either ~ (a) keeping a mistress in the conjugal dwelling; (b) having sexual intercourse under scandalous circumstances with a woman who is not his wife or (c) cohabiting with a woman who, isnot his wife in any other place; (3) That as regards the woman, she knows thatthe man is married ‘The husband is not guilty of the crime if he merely has 74 __ "es ieee Lees 75‘camal knowledge with his paramour in hotels - even on different Acts of Lasciviousness (Art. 336) The elements of the crime are as follows: (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; (3) That itis done under any ofthe following circumstances — (@) by using force or intimidation; (b) when the offended party is deprived or reason of otherwise unconscious; or (c) by means of fraudulent machination or grave abuse of authority; or (4) when the offended party is under twelve years of age or is demented (See People v Conreras, 338 SCRA 622) z : g & 5 NOTES. ~ The circumstances of committing rape are applicable to the crime of acts of lsciviousness whore there is no to ie man, Embracing, kissing and holding s woman’s breast are acts of lasciviousness. (See People » Collado, 60 Phil. 610) But ‘merely touching one’s breast constitutes unjust vexation, ‘Acts of La Party (Art. 339) Its elements are: (1) That the offender commits acts of laseiviousness of lewdness; (2) That the acts are committed upon, ‘woman whois a virgin or single or widow of good reputation, under eighteen years of age but over twelve years, or a sister or descendant, regardless of her reputation or age; (3) That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. jousness with the Consent of the Offended 76 ‘SPECIFIC CRIMES AND THEIR ELEMENTS Netto Nad Code Bos Qualified Seduetion (Art.337) | ‘The acts punished under Article 337 and their respective lements areas follows: 1, Seduction of a vitgin over 12 years and under 18 years of age by certain persons, such as a person in author priest, teacher: (a) That the offtnded party isa virgin, which is presumed iflsheis unmatried and of good reputation; (b) That she is over 12 and under 18 years oP age; {) That the offender has sexual intercourse with her; {d) That there is abuse of authority, confidence or relationship on the pat ofthe offender ALSO SRV SND AN LIVI 2. Seduetion ofa sister by her brother, or descendant by her ascendant, regardless of her age or reputation (a) That the offended party need not be a virgin or she may be over 18 years of age; (b) That the offender has sexual intercourse with her; (6) That the offender is her brother or ascendant by consanguinity, whether legitimate or illegitimate. Simple Seduction (Art. 338) ‘The elements of the crime of simple seduction are: (1) ‘That the offended party is over 12 and under 18 years of age; (2) That she is of good reputation, single or widow; (3) That the “offender has sexual intercourse with her; (4) That itis committed by means of deceit. ‘SPECIFIC CRIMES AND THETR ELEMENTS Sette Pot Cade Bok 77