Professional Documents
Culture Documents
Grave
Bribery
coercion
X has committed a crime and gives money as way to avoid
None
arrest or prosecution
Intimidation (effect) is immediate and offended party is
Giving of Php
is insomething
one senseagainst
voluntary
compelled
to do
his will (w/n right or
wrong)
Transaction is voluntary and mutual
homicide
robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or blind
SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for
work habitually engaged in
4.
Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the
cause of its execution SPI/deformity, or shall have lost any part of the body or the use thereof or shall have
been ill or incapacitated for the performance of the work for > 90 days; > 30 days
5.
Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1.
special complex crimes (specific penalties prescribed)
1.
robbery with homicide if original design is robbery and homicide is committed robbery with
homicide even though homicide precedes the robbery by an appreciable time. If original design is not
robbery but robbery was committed after homicide as an afterthought 2 separate offenses. Still robbery
with homicide if the person killed was an innocent bystander and not the person robbed and if death
supervened by mere accident.
2.
robbery with rape intent to commit robbery must precede rape. Prosecution of the crime need not be
by offended party fiscal can sign the information. When rape and homicide co-exist, rape should be
considered as aggravating only and the crime is still robbery with homicide
3.
robbery with intimidation acts done by the accused which by their own nature or by reason of the
circumstances inspire fear in the person against whom they are directed
4.
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:
1.
in an uninhabited place or
2.
by a band or
3.
by attacking a moving train, street car, motor vehicle or airship, or
4.
by entering the passengers compartments in a train, or in any manner taking the passengers
thereof by surprise in the respective conveyances, or
5.
on a street, road, highway or alley and the intimidation is made with the use of firearms, the
offender shall be punished by the max period of the proper penalties prescribed in art 294
B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1.
Must be alleged in the information
2.
Cant be offset by generic mitigating
3.
Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263
C. ROBBERY BY A band: (296)
notes:
1.
More than 3 armed malefactors
2.
Liability for the acts of the other members of the band
3.
Conspiracy to commit robbery with homicide even if less than 4 armed men
4.
Conspiracy to commit robbery only but homicide was committed also on the occasion thereof all members of
the band are liable for robbery with homicide
5.
Conspiracy is presumed when 4 or more armed persons committed robbery
6.
Unless the others attempted to prevent the assault guilty of robbery by band only
1.
he was a member of the band
2.
he was present at the commission of a robbery by that band
3.
4.
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands more than three armed persons forming a band
Purpose:
a. Robbery in highway
1.
b. Kidnapping for extortion or ransom.
1.
Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
1.
if members of lawless band and possession of unlicensed firearms (any of them)
2.
possession of any kind of arms (not just firearm)
BRIGANDAGE
ROBBERY IN BAND
III. THEFT
A. ELEMENTS OF THEFT: (308)
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.
Persons liable:
1.
Those who
a) with intent to gain
b) but without violence against or intimidation of persons not force upon things
c) take
d) personal property
e) of another
f)
without the latters consent
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner
Notes:
1.
Retention of money/property found is theft. Retention is failure to return (intent to gain)
2.
Knowledge of owner is not required, knowledge of loss is enough
3.
Finder in law is liable
4.
Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for himself
1.
Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products
Notes:
1.
Theft is consummated when offender is able to place the thing taken under his control and in such a situation
as he could disclose of it at once (though no opportunity to dispose) i.e, the control test
2.
P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things).
Otherwise, P v. Espiritu full possession is enough
3.
Servant using car without permission deemed qualified theft though use was temporary
4.
Reyes says: there must be some character of permanency in depriving owner of the use of the object and
making himself the owner, therefore must exclude joyride
5.
Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him
(no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is transferred e.g., by
contract of bailment
6.
Includes electricity and gas
1.
inspector misreads meter to earn
2.
one using a jumper
7.
Selling share of co-partner is not theft
8.
9.
Salary must be delivered first to employee; prior to this, taking of Php is theft
If offender claims property as his own (in good faith) not theft (though later found to be untrue. If in bad
faith theft)
10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important
IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312)
1.
That the offender takes possession of any real property or usurps any real rights in property.
2.
That the real property or real rights belong to another.
3.
That violence against or intimidation of persons is used by the offender in occupying real property or
usurpation real rights in property.
4.
That there is intent to gain.
That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and
That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person
1.
1.
2.
3.
4.
5.
6.
g. Converting act of using or disposing of anothers property as if it was ones own; thing has been devoted for
a purpose or use different from that agreed upon
1.
There must be prejudice to another not necessary that offender should obtain gain
2.
When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in
conspiracy with him may be held liable for estafa
9.
Partners No estafa of money or property received for the partnership when the business is commercial and
profits accrued. BUT if property is received for specific purpose and is misappropriated estafa!
10. Failure to account after the DEMAND is circumstantial evidence of misappropriation
11. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other
proof
12. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him
otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa
but of qualified theft
Estafa with Abuse of Confidence
Malversation
misappropriating
1.
2.
that there must be a false pretense, fraudulent means must be made or executed prior to or
That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or
simultaneously with the commission of the fraud.
3.
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 the false pretense, fraudulent act, or fraudulent
means.
4.
That as a result thereof, the offended party suffered damage.
Notes:
1.
False pretenses or fraudulent acts executed prior to or simultaneously with delivery of the thing by the
complainant
2.
There must be evidence that the pretense of the accused that he possesses power/influence is false.
G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315)
1.
That the offender postdated a check, or issued a check in payment of an obligation.
2.
That such postdatig 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.
Notes:
1.
good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2.
dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after
notice of.
3.
No funds in the bank or his funds are not sufficient
4.
If check was issued in payment of pre-existing debt no estafa
5.
Offender must be able to obtain something from the offended party by means of the check he issues and
delivers
6.
If postdating a check issued as mere guarantee/promissory note no estafa.
H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22
1.
That a person makes or draws and issues any check.
2.
That the check is made or drawn and issued to apply on account or for value.
3.
That the person who makes or draws and issues the check knows at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment.
1.
That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would
have been
dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a
check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented
within a period of 90 days from the date appearing thereon.
1.
That the check is dishonored by the drawee bank.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315)
1.
That the offender induced the offended party to sign a document.
2.
That deceit be employed to make him sign the document.
3.
That the offended party personally signed the document.
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4.
Note: If offended party willingly signed the document and there was deceit as to the character or contents of the
document falsification; but where the accused made representation to mislead the complainants as to the
character of the documents estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315)
1.
That there be court records, office files, documents or any other papers.
2.
That the offender removed, concealed or destroyed any of them.
3.
That the offender had intent to defraud another.
Note: No intent to defraud destroying or removal = malicious mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1.
The offender party being deprived of his money or property, as a result of the defraudation.
2.
Disturbance in property right or
3.
Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL
PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: (316)
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 represented 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.
ESTAFA
Intent to defraud
No intent to defraud
O.
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2.
3.
4.
That he guaranteed the fulfillment of such obligation with his real property or properties.
That he sells, mortgages, or, in any other manner encumbers said real property.
That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before
the cancellation of his bond, or (c) before being relieved from the obligation contracted by him.
12
13
1.
2.
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