REVIEWER IN CLJ

CRIMES AGAINST PERSONAL LIBERTY & SECURITY

Article 293- Robbery
Elements of Robbery in General;
1. That there be (1) personal property; (2) belonging to another
2. That there is (3) unlawful taking of that property
3. That the taking must be (4) with intent to gain
4. That there is (5) violence against or intimidation of any person, or force upon anything
Article 294- Robbery with violence against or intimidation of person
Elements;
1. Reason or on occasion of the robbery, the crime of homicide is committed.
- Robbery with homicide is the committed crime. Kahit na robbery ang intension at nag karoon
ng rape ay robbery w/ rape pero kung namatay ang nirape ay papasok sya sa robbery w/
homicide.
2. Robbery is accompanied by rape or intentional mutilation or arson
-Robbery with Rape is the committed crime
3. Reason or on occasion of such robbery, any of the physical injuries resulting in insanity,
imbecility, impotency, or blindness is inflicted.
4. Reason or on occasion of robbery, any of the physical injuries, resulting in the loss of speech,
to hear, to smell, an eye, a hand, a foot, an arm, loss of incapacity for work.
5. if the violence and intimidation employed in the commission of the robbery is carried to a
degree clearly unnecessary for the commission of the crime.
6. the course of its execution, offender inflicted any person not responsible for the commission of
the robbery. Deformed, ill, more than 90 days, or 30 days.
7. violence employed by the offender does not cause any of the serios physical injuries, or the
offender employs intimidation only.
Article 295- Robbery with Physical Injuries, committed in an uninhabited place and by a
band, or with the use of fire arm, on a street, road or alley
1. in an uninhabited placed
2. by a band
3. by attacking a moving train, street car, motor vehicle, or airship
4. by entering the passengers’ compartments in a train, or any manner taking, surprise in the
perspective conveyances
5. street, road, highway, alley and intimidation are made with the use of firearms
Article 297- Attempted and frustrated robbery committed under certain circumstance.
1. Attempted Robbery with Homicide
- the demand to bring out the money constitute an overt act which lead to the commission of
robbery. If the robbery was not committed, it was because of armed resistance. The killing was
apparently an offshoot of the plan to carry out the robbery.
2. Frustrated Robbery with Homicide
- the accused agreed to rob two boats from the Navy with the idea of selling them for profit.
They disarmed the guard and when they failed to take the boats, because they counld not start the
motor, they killed the guard.
3. Special Complex Crime
- robbery with homicide and attempted or frustrated robbery with homicide are special complex
crimes, not governed by art. 48, but by the special provisions of art. 294 and 297, respectively.
Article 298- Execution of deeds by means of violence or intimidation
Elements:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public instrument or document.
3. That the compulsion is by means of violence or intimidation.
Article 299- Robbery in an inhabited house or public building or edifice devoted to worship
(a) The malefactors shall enter the house or building in which the robbery is committed, by any
of the following means:
1. Through an opening not intended for entrance or egress;
2. By breaking any wall, roof, or floor or breaking any door or window;
3. By using false keys, picklocks, or similar tools;
4. By using any fictitious name or pretending the exercise of public authority.
or if -
(b) The robbery be committed under any of the following circumstances:
1. By breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle ;
2. By taking such furniture or objects away to be broken or forced open outside the place of the
robbery.
ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION (A).
Elements:
1. That the offender entered (a) an inhabited place, or (b) public building, or (c) edifice devoted
to religious worship.
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof, or floor or breaking any door or window;
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of public authority.
3. That once inside the building, the offender took personal property belonging to another with
intent to gain
ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION (B) OF ART. 299.
Elements:
1. That the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it;
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 or forced open outside the place of the
robbery.
Article 302- Robbery in an uninhabited place or in a private building
Elements:
1. That the offender entered an uninhabited place or a building which was not a dwelling house,
not a public building, or not an edifice devoted to religious worship.
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. That with intent to gain, the offender took therefrom personal property belonging to another.
Article 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.
3. That the offender does not have lawful cause for such possession.
Article 306- Who are brigands. When more than three armed persons 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, they shall be deemed high way robbers or brigands.
There is brigandage when-
1. there be at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a. to commit robbery in the highway.
b. to kidnap persons for the purpose of extortion or to obtain ransom,
c. to attain by means of force and violence any other purpose.
Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. 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
c. He acquires or receives the property taken by such brigandsrticle 307- Aiding and abetting a
band of brigands
Article 308- Who are liable for theft. Theft is committed by any person who, with intent to
gain but without violence against, or intimidation of persons nor force upon things, shall take
personal property of another without the latter’s consent.
Elements of theft:
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.
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things. (U.S. vs. De Vera, 43 Phil. 1000; People vs. Yusay, 50 Phil. 598)
Note: In the case of U.S. vs. De Vera, supra, the phrase "taking away" is used in stating one of
the elements of theft. But in the case of People vs. Yusay, supra, citing Viada, the word "away"
is not used in connection with the taking of personal property.
Theft, distinguished from robbery.
What distinguishes theft from robbery is that in theft, the offender does not use violence or
intimidation or does not enter a house or building through any of the means specified in Article
299 or Article 302 in taking personal property of another with intent to gain.
Article 310- Qualified Theft
Theft is qualified-
1. If the theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of confidence.
3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle.
4. If the property stolen consists of coconuts taken from the premises of a plantation.
5. If the property stolen is fish taken from a fishpond or fishery.
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance.
Article 312- Occupation of real property or usurpation of real rights in property
Element;
a. that the offender takes possession of any real property or usurps any real rights in property
b. that the real property or real rights belong to another.
c. that violence against or intimidation of persons is used by the offender in occupying real
property or usurping real rights in property.
d. that there is intent to gain.
Article 313. altering Boundaries or landmarks
Elements;
1. that there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same.
2. that the offender alters said boundary marks.
The word alter has a general and indefinite meaning. Any alteration of boundary marks is enough
to constitute the material element of the crime. Destruction of stone monument or taking it to
another place, or removing a fence, is altering.
Article 314. Fraudulent insolvency
Elements;
1. that the offender is a debtor; that is, he has obligation due and payable.
2. that he absconds with his property.
3. that there be prejudice to his creditors.
Article 315. Swindling (estafa)
Elements of estafa in general;
1. that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit
Estafa is committed-
a. with unfaithfulness or abuse of confidence
-elements of estafa with unfaithfulness;
* 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.
b. by means of false pretences or fraudulent acts
c. through fraudulent means.
2. that damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person.
Elements of estafa with abuse of confidence under subdivision No. 1, par. (b), of Art. 315:
1. That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of, or 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;
3. 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.
Note: The 4th element is not necessary when there is evidence of misappropriation of the goods
by the defendant. (Tubb vs. People, et al., 101 Phil. 114)
‘There is no estafa when the money or other personal property received by the accused is not to
be used for a particular purpose or to be returned.’
There are three ways of committing estafa under the provisions.
1. by using fictitious name -fictitious name when a person uses a name other than his real name.
2. by falsely pretending to possess: (a) power, (b) influence, (c)qualifications, (d) property, (e)
credit, (f) agency, (g) business or imaginary transactions
3. by means of other similar deceits.
Estafa by postdating a check or issuing a check in payment of an obligation.
Elements:
1. that the offender post-dated a check, or issued a check in payment of an obligation
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 of the check.
Article 316. Other forms of swindling.
Elements:
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property should represent that he is the owner
thereof.
3. That the offender should have executed an act of ownership (selling, leasing, encumbering or
mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.
Examples:
1. A sold a parcel of land to B. Later, A sold the same parcel of land to C, representing to the
latter that he (A) was the owner thereof. At the time he sold the land to C, A was no longer the
owner of the property.
2. The accused, as president of the Federal Films, Inc., and knowing that the corporation was a
mere lessee of Cine Palace in Cavite City, represented to the offended party, the owner of Cine
Nacional in Manila, then being leased by the corporation, that the corporation was the owner of
the land and building of Cine Palace to induce the offended party to accept a mortgage of the real
property as security for the payment of the P3,000 monthly rent of Cine Nacional. During the
lease of Cine Nacional, the corporation could not pay the monthly rent of P3,000. Damage was
caused to the offended party when he could not realize any amount from the mortgage to satisfy
the unpaid rental. (Velasco vs. Court of Appeals, 90 Phil. 688)
Article 319. Removal, sale or pledge of mortgaged property.
Elements of knowingly removing mortgaged personal property:
a. That personal property is mortgaged under the Chattel Mortgage Law.
b. That the offender knows that such property is so mortgaged.
c. That he removes such mortgaged personal property to any province or city other than the one
in which it was located at the time of the execution of the mortgage.
d. That the removal is permanent.
e. That there is no written consent of the mortgagee or his executors, administrators or assigns to
such removal.
Elements of selling or pledging personal property already pledged:
a. that personal property is already pledged under the terms of the Chattel Mortgage Law.
b. that the offender, who is the mortgagor of such property, sells or pledges the same or any part
thereof.
c. that there is no consent of the mortgagee written on the back of the mortgage and noted on the
record thereof in the office of the register of deeds.
Malicious mischief, defined.
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 of another any damage not falling within the terms of the next preceding chapter,
shall be guilty of malicious mischief.
Elements of malicious mischief:
1. 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.
Note: This third element presupposes that the offender acted due to hate, revenge or other evil
motive.
Example:
A cut small coconut trees on a disputed land to clear it and for the purpose of cultivating that
portion of the land. In view of his purpose, A is not liable for malicious mischief. He did not
deliberately cause damage to the property of another, since the land is disputed and he believed
that the coconut trees belonged to him. But when the defendants, one of them and the father of
the other were former occupants of the land, cut 80 coconut shoots, which were producing tuba,
without having any right to do so, and that they occasioned thereby serious damage to the
interests of those who planted the trees, the defendants executed this act, prompted, doubtless, by
grievance, hate, or revenge, because the injured party had leased the land from the hacienda after
one of them and the father of the other defendant had been expelled from said land by the
owners. When the injured party tried to stop the damage, they were causing to the property, the
defendants threatened her and followed her as far as the road. In this case, the defendants are not
only civilly, but also criminally, liable. (U.S. vs. Gerale, 4 Phil. 218)
The crime of damage to property (malicious mischief) is not determined solely by the mere act of
inflicting injury upon the property of a third person, but it must be shown that the act had for its
object, the injury of the property merely for the sake of damaging it. (U.S. vs. Gerale, supra)
Meaning of damage in malicious mischief.
Damage means not only loss but also diminution of what is a man's own. Thus, damage to
another's house includes defacing it. (People vs. Asido, et al, C.A., 59 O.G. 3646)
Article 328. Special cases of malicious mischief.
The special cases of malicious mischief are:
1. causing damage to obstruct the performance of public functions.
2. using any poisonous or corrosive substance.
3. spreading any infection or contagion among cattle.
4. causing damage to the property of the national museum or national library, or to any archive
or registry, waterworks, road, promenade, or any other thing used in common by the public.
Article 329. Other mischiefs
Other mischiefs should not be included in Art. 328 — basis of penalty.
Mischiefs not included in Art. 328 are punished according to the value of the damage caused.
Even if the amount involved cannot be estimated, the penalty of arresto menor or fine not
exceeding P200 is fixed by law.
A groom who allowed a horse under his care to die of hunger or a servant who released a bird
from the cage, as an act of hate or revenge against its owner, is guilty of malicious mischief and
the penalty is based on the value of the horse or bird.
Killing cows of another as an act of revenge.
The cows of B caused destruction to the plants of A. As an act of revenge, A and his tenants
killed said cows.
Held: The crime being committed out of hate and revenge, is that of malicious mischief
penalized in Art. 329, par. 3. (People vs. Valiente, et al., CA-G.R. No. 9442-R, Dec. 29, 1953)
Scattering human excrement in public building is other mischief — value of damage cannot
be estimated.
When several persons scattered coconut remnants which contained human excrements on the
stairs and floor of the municipal building, including its interior, the crime committed is malicious
mischief under Art. 329. (People vs. Dumlao, 38 O.G. 3715)
Art. 330. Damage and obstruction to means of communication.
Damage and obstruction to means of communication.
Damage and obstruction to means of communication is committed by damaging any railway,
telegraph or telephone lines.
Circumstance qualifying the offense.
If the damage shall result in any derailment of cars, collision, or other accident, a higher penalty
shall be imposed.
Art. 332. Persons exempt from criminal liability. — No criminal, but only civil liability shall
result from the commission of the crime of theft, swindling, or malicious mischief committed or
caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased spouse
before the same shall have passed int the possession of another ; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers participating in the
commission of the crime.
Crimes involved in the exemption:
1. Theft,
2. Swindling (estafa),
3. Malicious mischief.
Note: Hence, if the crime is robbery or estafa through falsification, this article does not apply.
Thus, if the son committed estafa through falsification of a commercial document against his
father, he is criminally liable for the crime of falsification.
CRIMES AGAINST CHASTITY
Article 333. Who are Guilty of Adultery. Adultery is committed by any married woman who
shall have sexual intercourse with a man not her husband and by the man who has carnal
knowledge of her, knowing her to be married, even if the marriage be subsequently declared
void.
Elements of adultery:
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 to be married
Article 334. Concubinage. Any husband who shall keep a mistress in the conjugal dwelling, or,
shall have sexual intercourse, under scandalous circumstances, with a woman who is not his
wife, or shall cohabit with her in any other place.
Three ways of committing the crime of concubinage:
1. by keeping a mistress in the conjugal dwelling
2. by having sexual intercourse, under scandalous circumstance, with a woman who is not his
wife
3. by cohabiting with her in any other place.
Elements:
1. That the man must be married
2. that he committed any of the following act:
a. keeping a mistress in the conjugal dwelling
b. having sexual intercourse under scandalous circumstances with a woman who is not his wife
c. cohabiting with her in any other place.
3. that as regards the woman, she must know him to be married.
Article 335. When and how rape is committed. – Rape is committed by having carnal knowledge
of a woman under any of the following circumstances.
1. by using force or intimidation
2. when the woman is deprived of reason or otherwise unconscious
3. when the woman is under twelve years of age or is demented.
Article 336. Acts of lasciviousness.
Elements:
1. That the offender commits any act of lasciviousness of lewdness;
2. That the act of lasciviousness is committed against a person of either sex;
3. That it is done under any of the following circumstances;
a. By using force or intimidation; or
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authoity;
d. When the offended party is under 12 years of age or is demented.
Lewd, defined.
"Lewd" is denned as obscene, lustful, indecent, lecherous. It signifies the form of immorality
which has relation to moral impurity; or that which is carried on a wanton manner.
Kissing and embracing a woman against her will are acts of lasciviousness when prompted by
lust or lewd design.
Placing a man’s private parts over a girl’s genital organ is an act of lasciviousness.
Meaning of Seduction
Seduction means enticing a woman to unlawful sexual intercourse by promise of
marriage or other means of persuasion without use of force.
Two kinds of Seduction
1. Qualified seduction (Art. 337); 2. Simple seduction (Art. 338)
Article 337. Qualified Seduction. The seduction of a virgin over twelve years and under eighteen
years of age, committed by any person in public authority, priest, house servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or
custody of the woman seduced.
Two classes of qualified seduction:
(a) Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as, a
person in authority, priest, teacher, etc.; and
(b) Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or
reputation.
Elements of qualified seduction of a virgin:
1. That the offended party is a virgin, which is presumed if she 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.
4. That there is abuse of authority, confidence or relationship on the part of the offender.
The offended party must be a virgin, over 12 and under 18 years of age.
Article 338. Simple Seduction. The seduction of a woman who is single or a widow of good
reputation, over twelve but under eighteen years of age, committed by means of deceit.
Elements:
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Example of simple seduction.
The accused went to the house of his fiancee, her parents then being absent, and availing himself
of that opportunity, with a renewal of his promise to make her his wife, he succeeded in having
sexual intercourse with her.
Held: The accused is guilty of simple seduction. Deceit, the usual form of which being an
unfulfilled promise of marriage, is an important element of the offense.
Article 339. Acts of Lascivious with the consent of the offended party.
Elements:
1. That the offender commits acts of lasciviousness or lewdness.
2. that the acts are committed upon a woman who is virgin or single or widow of good
reputation, under 18 years of age but over 12 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.
Article 342. Forcible abduction.
Abduction is meant the taking