You are on page 1of 21

Article 269

UNLAWFUL ARREST
Article 273
ELEMENTS: EXPLOITION OF CHILD LABOR
1. That the offender arrests or detains
another person ELEMENTS:
1. That the offender retains a minor in
2. That the purpose of the offender is to his service.
deliver him to the proper authorities
2. That it is against the will of the minor.
3. That the arrest or detention is not
authorized by law or there is no 3. That it is under the pretext of
reasonable ground therefor. reimbursing himself of a debt incurred
by an ascendant, guardian or person
Article 270 entrusted with the custody of such
KIDNAPPING AND FAILURE TO RETURN A minor.
MINOR

ELEMENTS: Article 274


SERVICES RENDERED UNDER
1. That the offender is entrusted with the COMPULSION IN PAYMENT OF DEBT
custody of a minor person (whether
over or under 7 but less than 18 yrs ELEMENTS:
old) 1. That the offender compels a debtor to
work for him, either as household
2. That he deliberately fails to restore servant or farm laborer.
the said minor to his parents
2. That it is against the debtor’s will.
Article 271
INDUCING A MINOR TO ABANDON HIS 3. That the purpose is to require or
HOME enforce the payment of a debt.

ELEMENTS:
Article 275
1. That the minor (whether over or under ABANDONMENT OF PERSON IN DANGER
7) is living in the home of his parents AND ABANDONMENT OF ONE’S OWN
or guardians or the person entrusted VICTIM
with his custody
Acts punishable:
2. That the offender induces a minor to
abandon such home 1. By failing to render assistance to any
person whom the offender finds in an
inhabited place wounded or in danger of
Article 272 dying, when he can render such assistance
SLAVERY without detriment to himself, unless such
omission shall constitute
ELEMENTS: a more serious offense

1. That the offender purchases. Sells, Elements


kidnaps or detains a human being.
a. That place is not inhabited.
2. That the purpose of the offender is to
enslave such human being. b. The accused found there a person
wounded or in danger of dying.
c. The accused can render assistance 2. By neglecting his (offender’s) children by
without detriment to himself. not giving them education which their
station in life requires and financial condition
d. The accused fails to render assistance. permits
Elements:
2. By failing to help or render assistance to a. That the offender is a parent.
another whom the offender has accidentally b. That he neglects his children by not
wounded or injured giving them education.
c. That his station in life requires such
3. By failing to deliver a child, under 7 whom education and his financial condition
the offender has found abandoned, to the permits it.
authorities or to his family, or by failing to
take him to a safe place Article 278
EXPLOITATION OF MINORS
Article 276 Acts punished:
ABANDONING A MINOR 1. By causing any boy or girl under 16 to
perform any dangerous feat of
ELEMENTS: balancing, physical strength or
contortion, the offender being any
1. That the offender has the custody of a person
child.
2. By employing children under 16 who
2. That the child is under seven years of are not the children or descendants of
age. the offender in Exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-
3. That he abandons such child. animal tamer or circus manager or
engaged in a similar calling
4. That he has no intent to kill the child
when the latter is abandoned.
3. by employing any descendant under
Article 277 12 in dangerous exhibitions
ABANDONMENT OF MINOR BY PERSON enumerated in the next preceding
ENTRUSTED WITH HIS CUSTODY; paragraph, the offender being
INDIFFERENCE OF PARENTS engaged in any of said calling

Acts punished: 4. By delivering a child under 16


1. By delivering a minor to a public gratuitously to any person following
institution or other persons w/o any of the callings enumerated in par
consent of the one who entrusted 2 or to any habitual vagrant or
such minor to the care of the offender beggar, the offender being an
or, in theabsence of that one, without ascendant, guardian, teacher or
the consent of the proper authorities person entrusted in any capacity with
the care of such child
Elements:
a. That the offender has charged of the 5. By inducing any child under 16 to
rearing or education of a minor. abandon the home of its ascendants;
b. That he delivers said minor to a public guardians, curators or teachers to
institution or other persons. follow any person engaged in any of
c. That the one who entrusted such child the callings mentioned in par 2 or to
to the offender has not consented to accompany any habitual vagrant or
such act, or if the one who entrusted beggar, the offender being any person
such child to the offender is absent;
the proper authorities have not
consented to it.
Article 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS: c. That there is a demand for money or
that any other condition is imposed,
1. That the offender is a private person. even though not unlawful.

2. That he enters the dwelling of d. That the offender attains his purpose.
another.
2.By making such threat without the
3. That such entrance is against the offender attaining his purpose
latter’s will.
3. By threatening another with the infliction
upon his person, honor or property or that of
his family of any wrong amounting to a
Article 281 crime, the threat not being subject to a
OTHER FORMS OF TRESPASS condition (Note: threat is without condition)
ELEMENTS:
Elements
1. That the offender enters the closed
premises or the fenced estate of a. That the offender threatens another
another person with the infliction upon the
latter’s person, honor or property, or
2. That the entrance is made while either upon that of the latter’s family, of any
of them is uninhabited. wrong.

3. That the prohibition to enter be b. That such wrong amounts to a crime.


manifest.
c. That the threat is not subject to a
4. That the trespasser has not secured condition
the permission of the owner or the
caretaker thereof. Article 283
LIGHT THREATS
THREATS and COERCIONS
ELEMENTS:
Article 282 1. That the offender makes a threat to
GRAVE THREATS commit a wrong.
Acts punishable:
2. That the wrong does not constitute a
1.By threatening another with the infliction crime.
upon his person, honor or property that of
his family of any wrong amounting to a 3. That there is a demand for money or
crime and demanding money or imposing that other condition is imposed, even
any other condition, even though not though not unlawful
unlawful and the offender (Note: threat is
with condition) 4. That the offender has attained his
purpose or, that he has not attained
Elements his purpose

a. That the offender threatens another Article 284


person with the infliction upon the BOND FOR GOOD BEHAVIOR
latter’s person, honor or property, or
upon that of the latter’s family, of any The law imposes the penalty of bond for
wrong. good behavior only in case of grave and light
threats. If the offender cannot post the bond,
b. That such wrong amounts to a crime. he will be banished by way of destierro to
prevent him from carrying out his threat.

Article 285
OTHER LIGHT THREATS
ELEMENTS:
ELEMENTS: 1. That the offender must be a creditor.
1. Person shall threaten another with a
weapon, or draw weapon in a quarrel 2. That he seizes anything belonging to
unless in self defense. his debtor

2. in the heat of anger, person orally 3. That the seizure of the thing be
threatens another with some harm accomplished by means of violence or
constituting a crime, without a display of material force producing
persisting in the idea involved in the intimidation;
threat. Subsequent acts did not
persist.

4. That the purpose of the offender is to


apply the same to the payment of the debt.
3. Person orally threatens another with
harm not constituting a felony. Article 288
OTHER SIMILAR COERCIONS

ELEMENTS OF NO. 1
Article 286 Forcing or compelling, directly or indirectly,
GRAVE COERCIONS or knowingly permitting the forcing or
compelling of the laborer or employee of the
ELEMENTS: offender to purchase merchandise of
1. That a person prevented another from commodities of any kind from him;
doing something OR not to do
something against his will, be it right 1. That the offender is any person, agent
or wrong; or officer of any association or
corporation.
2. That the prevention or compulsion be
effected by violence, of force as would 2. That he or such firm or corporation
produce intimidation and control the has employed laborers or employees.
will.

3. That the person that restrained the


will and liberty by another had not the
authority of law or the right to do so,
or, in other words, that the restraint 3. That he forces or compels, directly or
shall not be made under authority of indirectly, or knowingly permits to be
law or in the exercise of any lawful forced or compelled, any of his or its
right. laborers or employees to purchase
merchandise or commodities of any
Acts punished kind from his or from said firm or
corporation.
1. Preventing another, by means of violence,
threats or intimidation, from doing ELEMENTS OF NO. 2
something Paying the wages due his laborer or
not prohibited by law; employee by means of tokens or object
other than
2. Compelling another, by means of violence, the legal tender currency of the Philippines,
threats or intimidation, to do something unless expressly requested by such laborer
against his will, whether it be right or wrong. or employee.

Article 287
LIGHT COERCIONS
1. That the offender pays the wages due
a laborer or employee employed by ELEMENTS:
him by means of tokens or objects. 1. That the offender is a manager,
employee or servant.
2. That those tokens or objects are other
than the legal tender currency to the 2. That he learns the secrets of his
Philippines. principal or master in such capacity.

3. That such employee or laborer does 3. That he reveals such secrets.


not expressly request that he be paid
by means of tokens or objects. Article 292
Article 289 REVELATION OF INDUSTRIAL SECRETS
FORMATION, MAINTENANCE, AND ELEMENTS:
PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE 1. That the offender is a person in
OR THREATS charge, employee or workman of a
manufacturing or industrial
ELEMENTS: establishment.
1. That the offender employs violence or
threats, in such a degree as to compel 2. That the manufacturing or industrial
or force the laborers or employers in establishment has a secret of the
the free and legal exercise of their industry which the offender has
industry or work learned.

2. That the purpose is to organize, 3. That the offender reveals such


maintain or prevent coalitions of secrets.
capital or labor, strike of laborers or
lockout of employees. 4. That the prejudice is caused to the
owner

DISCOVERY AND REVELATION OF TITLE TEN


SECRETS CRIMES AGAINST PROPERTY

Article 290 Article 293


DISCOVERING SECRETS THROUGH ROBBERY IN GENERAL
SEIZURE OF CORRESPONDENCE
ELEMENTS:
ELEMENTS: 1. That there is personal property
1. That the offender is a private belonging to another.
individual or even a public officer not
in the exercise of his official function, 2. That there is unlawful taking of that
property.
2. That he seizes the papers or letters of
another. 3. That the taking must be with intent to
gain, and
3. That the purpose is to discover the
secrets of such another person. 4. That there is violence against or
intimidation of any person, or force
4. That offender is informed of the upon anything.
contents or the papers or letters
seized. ANTI – CARNAPPING ACT ( RA # 6539 )
“Carnapping” is the taking, with intent to
Article 291 gain, of a motor vehicle belonging to another
REVEALING SECRETS WITH ABUSE OF without the latter’s consent, or by means of
OFFICE violence against or intimidation of persons,
or by using force upon things.
e. on a street, road, highway or alley and
Article 294 the intimidation is made with the use
ROBBERY WITH VIOLENCE AGAINST OR of firearms, the offender shall be
INTIMIDATION OF PERSON punished by the max period of the
proper penalties prescribed in art 294
Acts punished as robbery with violence
against or intimidation of persons Article 296
ROBBERY BY A BAND
By reason or on occasion of the robbery, the
following are committed: 1. Liability for the acts of the other
members of the band
1. homicide
a. he was a member of the band
2. robbery accompanied with rape or b. he was present at the commission of a
intentional mutilation, SPI – insane, robbery by that band
imbecile, impotent or blind c. other members of the band committed
an assault
3. SPI – lost the use of speech, hear, d. he did not attempt to prevent the
smell, eye, hand, foot, arm, leg, use of assault
any such member, incapacitated for
work habitually engaged in 2. Conspiracy to commit robbery with
homicide – even if less than 4 armed
4. Violence/intimidation shall have been men
carried to a degree clearly
unnecessary for the crime or when in 3. Conspiracy to commit robbery only
the cause of its execution – but homicide was committed also on
SPI/deformity, or shall have lost any the occasion thereof – all members of
part of the body or the use thereof or the band are liable for robbery with
shall have been ill or incapacitated for homicide
the performance of the work for > 90
days; > 30 days 4. Conspiracy is presumed when 4 or
more armed persons committed
5. Any kind of robbery with less serious robbery
physical injuries or slight physical
Injuries 5. Unless the others attempted to
prevent the assault – guilty of robbery
Article 295
by band only
QUALIFIED ROBBERY WITH VIOLENCE
OR INTIMIDATION

Qualifying circumstances in robbery with


violence or intimidation of persons, if any of
the offenses defined in subdivisions 3, 4 and
5 of Art 294 is committed:
Article 297
a. in an uninhabited place or ATTEMPTED OR FRUSTRATED ROBBERY
b. by a band or WITH HOMICIDE
c. by attacking a moving train, street Notes:
car, motor vehicle or airship, or 1. Whether robbery is attempted or
frustrated, penalty is the same
d. by entering the passenger’s
compartments in a train, or in any
manner taking the passengers thereof
by surprise in the respective Article 298
conveyances, or
EXECUTION OF DEEDS BY MEANS OF kind of locked or sealed
VIOLENCE OR INTIMIDATION furniture or receptacle, or
b. by taking such furniture or
ELEMENTS: objects away to be broken or
1. That the offender has intent to forced open outside the place of
defraud another. the robbery.

2. That the offender compels him to sign, Article 300


execute, or deliver any public ROBBERY IN AN UNINHABITED PLACE
instrument or document AND BY A BAND
When the robbery with force upon things is
3. That the compulsion is by means of committed in an uninhabited place and by a
violence or intimidation. band, the robbery becomes qualified. In the
same manner, where robbery with violence
Article 299 against or intimidation of persons is
ROBBERY IN AN INHABITED HOUSE OR committed by a band or in an uninhabited
PUBLIC BUILDING OR EDIFICE DEVOTED place, the crime becomes qualified.
TO WORSHIP
Article 301
ELEMENTS: WHAT IS AN INHABITED HOUSE, PUBLIC
1. That the offender entered (a) an BUILDING OR BUILDING DEDICATED TO
inhabited house, or (b) public RELIGIOUS WORSHIP AND THEIR
buildings, or (c) edifice devoted to DEPENDENCIES
religious worship.
2. That the entrance was effected by any Notes:
of the following means: Inhabited house – Any shelter, ship, or vessel
a. Through an opening not constituting the dwelling of one or more
intended for entrance or egress. persons,
b. By breaking any wall, roof, or even though the inhabitants thereof shall
floor or breaking any door or temporarily be absent therefrom when the
window. robbery is
c. By using false keys, picklocks or committed.
similar tools or.
d. By using any fictitious name or Public building – Includes every building
pretending the exercise of owned by the government or belonging to a
public authority. private person but used or rented by the
3. That once inside the building, the government, although temporarily
offender took personal property unoccupied by the same.
belonging to another With intent to
gain. 1. dependencies – are all interior courts,
corrals, warehouses, granaries or enclosed
places:
ELEMENTS OF ROBBERY WITH FORCE a. contiguous to the building
UPON SUBDIVISION (B) OR ART. 299 b. having an interior entrance connected
therewith
1. That the offender is inside a dwelling c. which form part of the whole
house, public building, or edifice
devoted to religious worship, Article 302
regardless of the circumstances under ROBBERY IN AN UNINHABITED PLACE OR
which he entered it IN A PRIVATE BUILDING
2. That the offender takes personal
property belonging to another with ELEMENTS:
intent to gain, under any of the 1. That the offender entered an
following circumstances. uninhabited place or a building which
a. by the breaking of doors, was not a dwelling house, not a public
wardrobes, chests, or any other
building, or not an edifice devoted to 1. Possession of false keys here not
religious worship. punishable
2. If key was entrusted and used to steal, not
2. that any of the following robbery (not stolen)
circumstances was present:
a. That entrance was effected BRIGANDAGE
through an opening not
intended for entrance or egress. Article 306
b. A wall, roof, floor, or outside WHO ARE BRIGANDS
door or window was broken.
c. The entrance was effected Brigands – more than three armed persons
through the use of false keys, forming a band
picklocks or other similar tools.
d. A door, wardrobe, chest, or any Elements of brigandage:
sealed or closed furniture or
receptacle was broken or 1. There are least four armed persons;
e. A closed or sealed receptacle
was removed, even if the same 2. They formed a band of robbers;
be broken open elsewhere.
3. The purpose is any of the following:
3. That with intent to gain the offender a. To commit robbery in the
took therefrom personal property highway;
belonging to another. b. To kidnap persons for the
Article 303 purpose of extortion or to
ROBBERY OF CEREALS, FRUITS OR FIRE obtain ransom; or
WOOD IN AN UNINHABITED c. To attain by means of force and
PLACE OR PRIVATE BUILDING violence any other purpose.

Presumption of Brigandage:
a. if members of lawless band and
Article 304 possession of unlicensed firearms (any
ILLEGAL POSSESSION OF PICKLOCKS OR of them)
SIMILAR TOOLS b. possession of any kind of arms (not
just firearm)
ELEMENTS:
1. That the offender has in his
possession picklocks or similar tools. Article 307
AIDING AND ABETTING A BAND OF
2. That such picklocks or similar tools are BRIGANDS
specially adopted to the commission
of robbery. ELEMENTS:
1. That there is a band of brigands.
3. That the offender does not have lawful
cause for such possession. 2. That the offender knows the band to
be of brigands.
Article 305
FALSE KEYS 3. That the offender does any of the
following acts:
WHAT CONSTITUTES:
1. Picklocks, etc. a. he in any manner aids, abets or
2. Genuine key stolen from owner. protects such band of brigands,
3. Any key other than those intended by or
owner for use in the lock forcibly b. he gives them information of
opened by the offender the movements of the police or
Notes: other peace officers of the
government or
c. He acquires or receives the b) fail to deliver the same to local
property taken by such authorities or its owner
brigands.
3. Those who
Notes:
PD 532 – brigandage. a) after having maliciously
damaged the property of
1. Seizure of any person for: another
(a) ransom;
(b) extortion or other unlawful purpose; b) remove or make use of the
(c) taking away of property by violence or fruits or object of the damage
intimidation or force upon caused by them
things or other unlawful means
4. Those who
2. Committed by any person
1. 3. On any Phil hi-way a) enter an enclosed estate or a
field where
b) trespass is forbidden or which
belongs to another and, without
THEFT the consent of its owner
Article 308 THEFT c) hunts or fish upon the same or
gather fruits, cereals or other
ELEMENTS:
forest or farm products
1. That there be taking of personal
Article 310
property.
QUALIFIED THEFT
2. That said property belongs to another.
THEFT IS QUALIFIED WHEN:
1. Committed by domestic servant, or
3. That the taking be done with intent to
gain.
2. With grave abuse of confidence, or
4. That the taking be done without the
3. Property stolen is:
consent of the owner.
a. motor vehicle
5. That the taking be accomplished
b. mail matter
without the use of violence against or
c. large cattle
intimidation of persons or force upon
d. coconut from plantation
things.
e. fish from fishpond or fishery, or
PERSONS LIABLE:
4. On occasion of calamities and civil
1. Those who disturbance.
a) with intent to gain
b) But without violence against or
intimidation of persons nor
Article 311
force upon things
THEFT OF PROPERTY OF THE NATIONAL
c) take personal property of
LIBRARY AND NATIONAL
another
MUSEUM
d) without the latter’s consent

2. Those who USURPATION


a) having found lost property
Article 312 FRAUDULENT INSOLVENCY (culpable
OCCUPATION OF REAL PROPERTY OR insolvency)
USURPATION OF REAL RIGHTS IN
PROPERTY ELEMENTS
1. That the offender is a debtor; that is,
Acts punished: he was obligations due and payable.
1. Taking possession of any real property
belonging to another by means of 2. That he absconds with his property.
violence against or intimidation of
persons; 3. That there be prejudice to his
creditors.
2. Usurping any real rights in property
belonging to another by means of SWINDLING AND OTHER DECEITS
violence against or intimidation of
persons. Article 315
A. ELEMENTS OF ESTAFA IN
ELEMENTS: GENERAL: (315)
1. That the offender takes possession of 1. That the accused defrauded another
any real property or usurps any real
rights in property. (a.) by abuse of confidence, or
(b.) or means of deceit
2. That the real property or real rights
belong to another. And
2. That damage or prejudice capable of
3. That violence against or intimidation pecuniary estimation is caused to the
of persons is used by the offender in offended partyor third person
occupying real property or usurpation
real rights in property.
B. ELEMENTS OF ESTAFA WITH
4. That there is intent to gain. UNFAITHFULNESS: (315)

1. That the offender has an onerous


obligation to deliver something of
value.

2. That he alters its substance, quantity,


Article 313 or quality.
ALTERING BOUNDARIES OR LANDMARKS
3. That damage or prejudice is caused to
ELEMENTS:
another.
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 C. ELEMENTS OF ESTAFA WITH ABUSE
OF CONFIDENCE UNDER
marks. SUBDIVISION NO.1 PAR. (B), OF ART.315

1. That money, goods, or other personal


property be received by the offender
CULPABLE INSOLVENCY in trust, or on commission, or for
administration, or under any other
Article 314
obligation involving the duty to make simultaneously with the commission of
delivery of or to return, the same. the fraud.

2. That there be misappropriation or 3. That the offended party must have


conversion of such money or property relied on the false pretense,
by the offender, or dental on his part fraudulent act, or fraudulent means,
of such receipt. that is, he was induced to part with his
money or property because of the
3. that such misappropriation or false pretense, fraudulent act, or
conversion or dental is to the fraudulent means.
prejudice of another and
4. That as a result thereof, the offended
4. That there is a demand made by the party suffered damage
offended party to the offender.
G. ELEMENTS OF ESTAFA BY
D. 2ND ELEMENT OF ESTAFA WITH POSTDATING A CHECK OR ISSUING
ABUSE OF CONFIDENCE UNDER ACHECK IN PAYMENT OF AN
PARAGRAPH (B), SUBDIVISION N0.1, OBLIGATION: (315)
ART. 315
1. That the offender postdated a check,
3 WAYS OF COMMITTING: or issued a check in payment of an
obligation.
1. By misappropriating the thing
received. 2. That such postdating or issuing a
2. By converting the thing received. check was done when the offender
3. By denying that the thing was had no funds in the bank or his funds
received. deposited therein were not sufficient
to cover the amount of the check.
E. ELEMENTS OF ESTAFA BY TAKING
UNDUE ADVANTAGE OF THE SIGNATURE
IN BLANK: (315) BP 22 Anti Bouncing Checks Law

1. That the paper with the signature of ELEMENTS OF OFFENSE DEFINED IN THE
the offended party be in blank. FIRST PARAGRAPH OF SECTION 1: BP 22

2. That the offended party should have 1. That a person makes or draws and
delivered it to offender. issues any check.

3. That above the signature of the 2. That the check is made or drawn and
offended party a document is written issued to apply on account or for
by the offender without authority to value.
do so.
4. That the document so written creates 3. That the person who makes or draws
a liability of, or causes damage to, the and issues the check knows at the
offended party or any third person. time of issue that he does not have
sufficient funds in or credit with the
F. ELEMENTS OF ESTAFA BY MEANS OF drawee bank for the payment of such
DECEIT: (315) check in full upon its presentment
.
1. that there must be a false pretense, 4. That the check is subsequently
fraudulent means must be made or dishonored by the drawee bank for
executed prior to or insufficiency of funds or credit, or
would have been dishonored for the
2. That such false pretense, fraudulent same reason had not the drawee,
act or fraudulent means must be without any valid reason, ordered the
made or executed prior to or bank to stop payment.
3. That the offended party personally
signed the document.
ELEMENTS OF THE OFFENSE DEFINED IN THE
SECOND PARAGRAPH OF SECTION 1: BP 22
L. ELEMENTS OF ESTAFA BY REMOVING,
1. That a person has sufficient funds in CONCEALING OR DESTROYING
or credit with the drawee bank when DOCUMENTS: (315)
he makes or draws and issues a
check. 1. That there be court records, office
files, documents or any other papers.
2. That he fails to keep sufficient funds
or to maintain a credit to cover the full 2. That the offender removed, concealed
amount of the check if presented or destroyed any of them.
within a period of 90 days from the
date appearing thereon. 3. That the offender had intent to
defraud another.
3. That the check is dishonored by the
drawee bank.

J. BY OBTAINING FOOD OR CREDIT AT


HOTELS, INNS, RESTAURANTS ETC.
M. DAMAGE OR PREJUDICE CAPABLE OF
Acts punished under paragraph (e) PECUNIARY ESTIMATION: (315)
(second element of any form of estafa)
1. a. Obtaining food, refreshment, or
accommodation at a hotel, inn, THE ELEMENTS OF DAMAGE OR PREJUDICE
restaurant, boarding house, lodging MAY CONSIST OF THE FF.:
house, or apartment house;
1. The offender party being deprived of
c. Without paying therefor; his money or property, as a result of
the defraudation.
d. With intent to defraud the proprietor
or manager. 2. Disturbance in property right or

2. a. Obtaining credit at any of the 3. Temporary prejudice.


establishments;
` b. Using false pretense; N. ELEMENTS OF SWINDLING (PAR.1) BY
CONVEYING, SELLING, ENCUMBERING,
3. a. Abandoning or surreptitiously OR MORTGAGING ANY REAL PROPERTY,
removing any part of his baggage in PRETENDING TO BE THE OWNER OF THE
the establishment; SAME: (316)
b.After obtaining credit, food,
refreshment, accommodation; 1. That the thing be immovable, such as
c. Without paying. a parcel of land or a building.

K. ELEMENTS OF ESTAFA BY INDUCING 2. That the offender who is not the


ANOTHER TO SIGN ANY DOCUMENTS: owner of said property represented
(315) that he is the owner thereof.

1. That the offender induced the 3. That the offender should have
offended party to sign a document. executed an act of ownership (selling,
leasing, encumbering or mortgaging
2. That deceit be employed to make him the real property).
sign the document.
4. That the act be made to the prejudice
of the owner or a third person.
2. That he guaranteed the fulfillment of
such obligation with his real property
or properties.
O. ELEMENTS OF SWINDLING (PAR. 2)
BY DISPOSING OF REAL PROPERTY AS 3. That he sells, mortgages, or, in any
FREE FROM ENCUMBRANCE, ALTHOUGH other manner encumbers said real
SUCH ENCUMBRANCE BE NOT property.
RECORDED: (316)

1. that the thing disposed of be real 4. That such sale, mortage or


property. encumbrance is

2. That the offender knew that the real (a) without express authority from the court,
property was encumbered, whether or
the encumbrance is recorded or not. (b) made before the cancellation of his bond,
or
(c) before being relieved from the obligation
3. That there must be express contracted by him.
representation by the offender that
the real property is free from
encumbrance. R. ELEMENTS OF SWINDLING A MINOR:
(317)
4. That the act of disposing of the real
property be made to the damage of 1. That the offender takes advantage of
another the inexperience or emotions or
feelings of a minor.

2. That he induces such minor (a) to


P. ELEMENTS OF SWINDLING (PAR.3) BY assume an obligation, or (b) to give
WRONGFULLY TAKING BY THE OWNER release, or (c) to execute a transfer of
HIS PERSONAL FROM ITS LAWFUL any property right.
POSSESSOR: (316)
3. That the consideration is (a) some
1. That the offender is the owner of loan of money (b) credit or (c) other
personal property. personal property.

2. That said personal property is in the 4. That the transaction is to the


lawful possession of another. detriment of such minor.

3. That the offender wrongfully takes it S. ELEMENTS OF OTHER DECEITS: (318)


from its lawful possessor.
1. not mentioned above;
4. That prejudice is thereby caused to
the possessor or third person. 2. interpretation of dreams, forecast,
future-telling for profit or gain.
Q. ELEMENTS OF SWINDLING (PAR. 6)
BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE CHATTEL MORTGAGE
OFFENDER GUARANTEED THE
FULFILLMENT OF HIS OBLIGATION AS Article 319
SURETY: (316) A. SELLING OR PLEDGING PERSONAL
PROPERTY ALREADY PLEDGED
1. That the offender is a surety in a bond B. KNOWINGLY REMOVING
given in a criminal or civil action. MORTGAGED PERSONAL
PROPERTY
ELEMENTS: A. ELEMENTS OF ARSONS OF PROPERTY OF
SMALL VALUES
1. That personal property is already 1. That an uninhabited hut, storehouse,
pledged under the terms of the chattel barn, shed or any other property is burned
mortgage law. 2. That the value of the property burned
does not exceed 25 pesos
2. That the offender, who is the 3. That the burning was done at a time or
mortgagee of such property, sells or under circumstances which clearly exclude
pledges the same or any part thereof. all
danger of the fire spreading
3. That there is no consent of the
mortgagee written on the back of the B. ELEMENTS OF CRIME INVOLVING
mortgage and noted on the record DESTRUCTION
thereof in the office of the register of 1. That the offender causes destruction of
deeds. the property
2. That the destruction was done by means
KNOWINGLY REMOVING MORTGAGED of:
PERSONAL PROPERTY a. explosion
b. discharge of electric current
ELEMENTS: c. inundation
d. sinking or stranding of a vessel
1. that personal property is mortgaged e. damaging the engine of the vessel
under the chattel mortage law. f. taking up rails from the railway track
g. destroying telegraph wires and posts or
2. That the offender knows that such those of any other system
property is so mortaged. h. other similar effective means of
destruction

C.ELEMENTS OF BURNING ONE’S PROPERTY


3. That he removes such mortgaged AS A MEANS TO COMMIT ARSON
personal to any province or city other 1. That the offender set fire to or destroyed
than the one in which it was located at his own property
the time of the execution of the 2. That the purpose of the offender in doing
mortgage. so was to commit arson or to cause a great
destruction
4. that the removal is permanent. 3.That the property belonging to another
was burned or destroyed

D. ELEMENTS OF ARSON
5. That there is no written consent of the 1. That the property burned is the exclusive
mortgagee or his executors, property of the offender
administration or assigns to such 2. That (a) the purpose of the offender is
removal. burning it is to defraud or cause damage to
another or (b) prejudice is actually caused,
or (c) the thing burned is a building in an
inhabited place

MALICIOUS MISCHIEF
ARSON AND OTHER CRIMES INVOLVING
DESTRUCTIONS Article 326
(Note: PD 1613 expressly repealed or MALICIOUS MISCHIEF
amended Arts 320-326, but PD 1744
revived Art 320) ELEMENTS:
1. That the offender deliberately caused deceased spouse before the same
damage to the property of another. passed into the possession of another
2. That such act does not constitute arson or
other crimes involving destruction. 3. Brothers and sisters and brothers-in-
3. That the act damaging another’s property law and sisters-in-law, if living
be committed merely for the sake of together
damaging it.

Article 328
SPECIAL CASES OF MALICIOUS MISCHIEF Offenses involved in the exemption
1. Obstruct performance of public functions. 1. Theft ( not robbery )
2. Using poisonous or corrosive substances. 2. Swindling
3. Spreading infection or contagious among 3. Malicious mischief
cattle. 232
4. Damage to property of national museum
or library, archive, registry, waterworks,
road, TITLE ELEVEN
promenade, or any other thing used in CRIMES AGAINST CHASTITY
common by the public.
Article 333
ADULTERY
ELEMENTS:

1. That the woman is married (even if


Article 329 marriage subsequently declared void)
OTHER MISCHIEF
ELEMENTS: 2. That she has sexual intercourse with a
1. Not included in 328 man not her husband.
a. scattering human excrement
b. killing of cow as an act of revenge 3. That as regards the man with whom
she has sexual intercourses, he must
Article 330 know her to be married.
DAMAGE AND OBSTRUCTION TO MEANS
OF COMMUNICATION
done by damaging railways, telegraph,
telephone lines, electric wires, traction
cables, signal Article 334
system of railways CONCUBINAGE

Article 331 ELEMENTS:


DESTROYING OR DAMAGING STATUES, 1. That the man must be married.
PUBLIC MONUMENTS OR
PAINTINGS 2. That he committed any of the
following acts:
Article 332
EXEMPTION FROM CRIMINAL LIABILITY a. Keeping a mistress in the
IN CRIMES AGAINST PROPERTY conjugal dwelling.

Persons exempt from criminal liability b. Having sexual intercourse


under scandalous
1. Spouse, ascendants and descendants circumstances with a woman
or relatives by affinity in the same line who is not his wife.

2. The widowed spouse with respect to c. Cohabiting with her in any other
the property w/c belonged to the place.
3. That as regards the woman she must
know him to be married. 3. That the offender has sexual
intercourse with her.

Article 335. Rape 4. That there is abuse of authority,


This has been repealed by Republic Act No. confidence or relationship on the part
8353 or the Anti-Rape Law of 1997. See of the offender ( person entrusted with
Article 266-A. education or custody of victim; person
in public authority, priest; servant)
Article 336
ACTS OF LASCIVIOUSNESS Persons liable:
1. Those who abuse their authority:
ELEMENTS:
1. That the offender commits any act of a. persons in public authority
lasciviousness or lewdness. b. guardian
c. teacher
2. That it is done under any of the d. person who, in any capacity, is
following circumstances: entrusted with the education or
custody of the woman seduced
a. by using force or intimidation,
or 2. Those who abused the confidence
reposed in them:
b. when the offended party is
deprived of reason or otherwise a. priest
unconscious, or b. house servan
c. domestic
c. when the offended party is
under 12 years of age. 3. Those who abused their relationship:

3. That the offended party is another person a. brother who seduced his sister
of either sex. b. ascendant who seduced his
descendant
SEDUCTION

Article 337 Article 338


QUALIFIED SEDUCTION OF A VIRGIN SIMPLE SEDUCTION
ELEMENTS:
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and 1. That the offended party is over 12 and
under 18 years of age by certain under 18 years of age.
persons, such as a person in authority,
priest, teachers etc and 2. That she must be of good reputation,
single or widow.
2. Seduction of a sister by her brother or
descendant by her ascendant, 3. That the offender has sexual
regardless of her age or reputation intercourse with her.
(incestuous seduction)
4. That it is committed by means of
Elements: deceit.

1. That the offended party is a virgin,


(presumed if she unmarried and of Article 339
good reputation.) ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
2. That she must be over 12 and under ELEMENTS:
18 years of age.
1. that the offender commits acts of Article 344
lasciviousness or lewdness. PROSECUTION OF ADULTERY,
2. That the acts are committed upon a CONCUBINAGE, SEDUCTION, ABDUCTION
woman who is virgin or single or widow of RAPE AND ACTS OF LASCIVIOUSNESS
good 1. Adultery and concubinage must be
reputation, under 18 years of age but over prosecuted upon complaint signed by the
12 years, or a sister or descendant offended
regardless of spouse
her reputation or age. 2. Seduction, abduction, rape or acts of
4. that the offender accomplishes the lasciviousness must be prosecuted upon
acts by abuse of authority, complaint signed by:
confidence, relationship, or deceit. a. offended party
b. by her parents
c. grandparents
d. guardians in the order in which they are
named above
Article 340
CORRUPTION OF MINORS Article 345
Act punishable: CIVIL LIABILITY OF PERSONS GUILTY OF
By promoting or facilitating the prostitution RAPE, SEDUCTION OR ABDUCTION
or corruption of persons underage to 1. To idemnify the offended women
satisfy the lust of another 2. To acknowledge the offspring, unless the
law should prevent him from doing so
Article 341 3. In every case to support the offspring
WHITE SLAVE TRADE
Acts penalized: Article 346
1. Engaging in the business of prostitution LIABILITY OF ASCENDANTS, OTHER
2. Profiting by prostitution PERSONS ENTRUSTED WITH CUSTODY
3. Enlisting the service of women for the OF OFFENDED PARTY WHO BY ABUSE
purpose of prostitution OF AUTHORITY OR
CONFIDENCE SHALL COOPERATE AS
ACCOMPLIES
ABDUCTION

Article 342
FORCIBLE ABDUCTION TITLE TWELVE
ELEMENTS:
1. That the person abducted is any woman, CRIMES AGAINST THE CIVIL STATUS OF
regardless of her age, civil status, or PERSONS
reputation.
2. That the abduction is against her will. Article 347
3. That the abduction is with lewd designs. SIMULATION OF BIRTHS, SUBSTITUTION
OF ONE CHILD FOR ANOTHER, AND
Article 343 CONCEALMENT OR ABANDONMENT OF A
CONSENTED ABDUCTION LEGITIMATE CHILD
ELEMENTS:
1. That the offended party must be a virgin. Acts Punished:
2. That she must be over 12 and under 18 1. Simulation of births
years of age. 2. Substitution of one child for another
3. That the taking away of the offended 3. Concealing or abandoning any legitimate
party must be with her consent, after child with the intent to cause such
solicitation or cajolery from the offender. child to lose its civil status
4. That the taking away of the offended
party must be with lewd designs. Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such
child
3. The offender has the intent to cause the Article 351
child to lose its civil status PREMATURE MARRIAGE

Elements of Simulation of Birth Acts punished:


1. Child is baptized or registered in the
Registry of birth as hers 1. A widow who within 301 days from
death of husband, got married or
2. Child loses its real status and before her delivery, if she was
acquiires a new one pregnant at the time of his death

3. Actor’s purpose was to cause the loss 2. A woman whose marriage having
of any trace as to the child’s true been dissolved or annulled, married
filiation before her delivery or within 301 days
after the legal separation
Article 348
USURPATION OF CIVIL STATUS Article 352
Committed by a person who represents PERFORMANCE OF ILLEGAL MARRIAGE
himself as another and assumes the filiation CEREMONY
or rights Act punished:
pertaining to such person
performance of any illegal marriage
Article 349 ceremony by a priest or minister of any
BIGAMY religious denomination or sect or by civil
authorities
ELEMENTS:

1. That the offender has been legally TITLE THIRTEEN


married. CRIMES AGAINST HONOR

2. That the marriage has not been Article 353


legally dissolved or, in case his or her LIBEL
spouse is absent, the absent spouse
could not yet be presumed dead ELEMENTS:
according to the civil code.
1. That there must be an imputation of a
3. That he contracts a second or crime, or of a vice or defect, real or
subsequent marriage. imaginary, or any act, omission,
condition, status, or circumstances.
4. That the second or subsequent
marriage has all the essential 2. That the imputation must be made
requisites for validity. publicly.

Article 350 3. That it must be malicious.


MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS 4. That the imputation must be directed
at a natural or juridical person, or one
ELEMENTS: who is dead.
1. That the offender contracted
marriage. 5. That the imputation must tend to
2. That he knew at the time that cause the dishonor, discredit or
a. the requirement of the law were contempt of the person defamed.
not complied with, or
b. The marriage was in disregard Article354
of a legal impediment. REQUIREMENT OF PUBLICITY
Kinds of privileged communication 8. Theatrical exhibition;
a. Absolutely privileged – not actionable even 9. Cinematographic exhibition; or
if the actor has acted in bad 10. Any similar means.
faith
b. Qualifiedly privileged – those which Article 356
although containing defamatory THREATENING TO PUBLISH LIBEL AND
imputations could not be actionable unless OFFER TO PREVENT SUCH PUBLICATION
made with malice or bad faith FOR A COMPENSATION
Acts punished
General Rule: Every defamatory imputation 1. Threatening another to publish a libel
is presumed malicious even if it be true, if concerning him, or his parents, spouse, child,
no good intention and justifiable motive for or
making it is shown other members of his family;
2. Offering to prevent the publication of
Exception: such libel for compensation or money
a. private communication in consideration.
performance of legal, moral or social
duty Article 357
PROHIBITED PUBLICATION OF ACTS
Requisites REFERRED TO IN THE COURSE OF
1. that the person who made the OFFICIAL PROCEEDINGS
communication had a legal, moral or social
duty to make the communication or at least ELEMENTS:
he had an interest to be upheld 1. That the offender is a reporter, editor or
2. that the communication is addressed to an manager of a newspaper, daily or magazine.
officer or a board, or superior, having some 2. That he publishes facts connected with
interest or duty on the matter the private life of another.
3. that the statements in the communication 3. That such facts are offensive to the honor,
are made in good faith without malice in fact virtue and reputation of said person.
b. fair and true report, made in good faith,
without any comments and remarks
Article 358
Requisites ORAL DEFAMATION / SLANDER
1. that the publication of a report of an Two Kinds of Oral Defamation:
official proceeding is a fair and 1. action of a serious and insulting nature
true report of a judicial, legislative, or other (Grave slander)
official proceedings which are not 2. light insult or defamation – not serious in
of confidential nature, or of a statement, nature (simple slander)
report, or speech delivered in said Factors that determine gravity of the
proceedings, or of any other act performed offense:
by a public officer a) expressions used
2. that it is made in good faith b) personal relations of the accused and the
3. that it is made without any comments or offended party
remarks c) circumstances surrounding the case

Article 355 Article 359


LIBEL BY MEANS OF WRITING OR SLANDER BY DEED
SIMILAR MEANS
A libel may be committed by means of – ELEMENTS:
1. Writing;
2. Printing; 1. That the offender performs any act
3. Lithography; not included in any other crime
4. Engraving; against honor.
5. Radio;
6. Photograph; 2. That such act is performed in the
7. Painting; presence of other person or persons.
Libelous remarks or comments on privileged
3. That such act casts dishonor, discredit matters (under Art. 354) if made with malice
or contempt upon the offended party. in
fact will not exempt the author and editor.

Article 360
PERSONS RESPONSIBLE FOR LIBEL INCRIMINATORY MACHINATIONS

Who are liable: Article363


INCRIMINATING INNOCENT PERSON
a. person who publishes, exhibits or
causes the publication or exhibition of ELEMENTS:
any defamation in writing or similar
means(par.1) 1.That the offender performs an act.
b. author or editor of a book or pamphlet
2.That by such act he directly incriminates or
c. editor or business manager of a daily imputes to an innocent person the
newspaper magazine or serial commission of a crime.
publication(par.2)
3.That such act does not constitute perjury.
d. owner of the printing plant which
publishes a libelous article with his Two Kinds:
consent and all other persons who in a. making a statement which is
any way participate in or have b i. defamatory or
connection with its publication (US v ii. perjurious (if made under oath and is
Ortiz) false)
c. planting evidence
Article 361
PROOF OF THE TRUTH Article 364
INTRIGUING AGAINST HONOR
Admissible when: How committed:
-by any person who shall make any intrigue
a. the act or omission imputed which has for its principal purpose to blemish
constitutes a crime regardless of the honor or reputation of another person
whether the offended party is a
private individual or a public officer RA4200 The Anti - Wire Tapping Act

b. the offended party is a government Acts punished:


employee, even if the act or omission 1) any person, not authorized by all the
imputed does not constitute a crime parties to any private communication
provided it is related to the discharge or spoken word
of his official duties
a) taps any wire of cable OR
Requisites for Acquittal:
a. it appears that the matter charged as b) uses any other device or
libelous is TRUE (for situations 1 and 2 arrangement, to secretly
above) overhear, intercept, or record
such communication or spoken
b. it was published with good motives word by using a device
and for a justifiable end (for situation 1 commonly known as a
only) dictaphone or dictagraph or
walkie talkie or tape recorder
Article 362
LIBELOUS REMARKS 2) any person, whether or not a
participant in the above-mentioned
acts:
a) knowingly possesses any tape
record, wire record, disc record, Quasi-offenses punished
or any other such record or
copies thereof of any 1. Committing through reckless
communication or spoken word imprudence any act which, had it been
intentional, would constitute a grave
b) replays the same for any other or less grave felony or light felony;
person
2. Committing through simple
c) communicates the contents imprudence or negligence an act
thereof, whether complete or which would otherwise constitute a
partial, to any other person grave or a less serious felony;

3. Causing damage to the property of


another through reckless imprudence
CRIMINAL NEGLIGENCE or simple imprudence or negligence;

Article 365 4. Causing through simple imprudence or


ELEMENTS OF RECKLESS IMPRUDENCE: negligence some wrong which, if done
maliciously, would have constituted a
1. That the offender does or fails to do light felony.
an act.

2. That the doing of or the failure to do


that act is voluntary.

3. That it be without malice.

4. That material damage results.

5. That there is inexcusable lack of


precaution on the part of the offender,
taking into consideration

a. his employment or occupation

b. degree of intelligence, physical


condition, and

c. other circumstances regarding


persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:

1. That there is lack of precaution on the


part of the offender.

2. That the damage impending to be


caused in not immediate or the
danger is not clearly manifest.