Crimes against property

293 Who are guilty of robbery? 1. Any person who Robbery – taking of the person property
2. With intent to gain
3. Shall take any personal property Classifications: (2)
4. Belonging to another 1. With violence against or intimidation of persons/
By means of violence against or intimidation of any person or using 2. Force upon things
force upon anything
Complete when the offender gains possession of the thing, even if
the culprit had no opportunity to dispose the same.

294 Robbery with violence against or

intimidation of persons
295 Qualified robbery Qualifying circumstances:
Robbery with physical injuries, 1. In an uninhabited place
committed in an uninhabited place and 2. By a band
by a band, or with the use of firearm on 3. By attacking a moving train or vehicle, or airship
a street, road or alley 4. By entering the passengers compartments in a train, or in any
other manner taking the passegners thereof by suprirse
5. On a street, road, highway or alley and the intimidation is
made with use of firearms.
296 Definition of a band and penalty Band – when more than three armed malefactors take part in the Liabilities:
incurred by members thereof commission of a robbery. Principal by inducement who did ont go to the place of the
commission of the robbery  robbery in band.
Requisites for liability for the acts of other members of the band:
1. He was member of the band What if they agreed for robbery only but homicide was also
2. He was present at the commission of a robbery by that band committed on the commission thereof?
3. That the other members of the band committed an assault  All members of the band are liable for the
4. That he did not attempt to prevent assault. robbery in homicide.

⭐️There must be proof that he made an endeavor to prevent the assault

committed by another member of the band, in order that he may not be
held liable for such assault.
297 Attempted and frustrated robbery Penalty: Reclusion temporal (max period) – reclusion Perpetua Attempted robbery with homicide by a bad
committed under certain circumstances
Under Art. 48: Attempted or frustrated robbery with serious
 physical injuries. (because Art. 294 and 297 covers consummated
robbery with homicide, and attempted and frustrated robbery with
homicide respectively.
298 Execution of deeds by means of Elements:  If violence resulted to death  Robbery with homicide.
violence or intimidation 1. That the offender has intent to defraud another  If execution of deeds is attempted or frustrated stage and
2. That the offender compels him to sign, execute, or deliver any violence resulted in the death of the person to be defrauded 
public instrument or document 297. Attempted/Frustrated Robbery with Homicide
That the compulsion is by means of violence or intimidation.
299 Robbery in an inhabited house or public
building or edifice devoted to religious
worship
300 Robbery in an uninhabited place or in a
private building

Contiguous to the building

There must be interior door
Part of whole

315 Swindling (estafa) Elements:

1. Accused defrauded another
a. By abuse of confidence
o w/ unfaithfulness or abuse of confidence
b. By means of deceit
o By means of false pretense or fraudulent acts
o Through fraudulent means
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person
1. ABUSE OF CONFIDENCE
1. Altering the substance, quantity or quality of anything of value which the offender shall deliver by virtue of an obligation
Elements:
a) Offender has an onerous obligation to deliver something of value
 b) He alters its substance, quantity or quality
c) That damage or prejudice is caused to another

2. By misappropriating or converting the prejudice of another, money, goods or any other personal property received by the offender in trust or on commission, or for administration
Elements:
a) 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;
A. In Trust
 covers trust receipt law: the failure of an entrustee to:
1) turn over the proceeds of the sale of goods, documents or instruments covered by a trust receipts to the extent of the amount owing to the entruster or as to appear in the trust
receipt or
2) to return said goods, documents or instruments if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa
o If the violation or offense is committed by a corporation, partnership, association or other juridical entitities, the penalty provided for in this Decree shall be imposed
upon the directors, officers, employees or other officials or persons therein responsible for the offense without prejudice to the civil liabilities arising from the
criminal offense.

Trust receipt transaction – one where the trustee has the obligation to deliver to the entrusted the price of the sale, or if the merchanise is not sold, to return the merchandise to
the entruster;
2 obligations:
1. Entregarla – money received under the obligation involving the duty to turn it over
2. Devolvera – merchandise received under the obligation to return it to the owner.

Note: violation of any of these undertakings constitute Estafa in 315 1b

B. On Commission
Example: B gave C 10,000 pesos to buy food for the party. C ordered to ABC Catering lechon and other meals, but did not pay.

C. Received for Administration

Example: accused collected rentals from tenant of his employer but failed to account for and turn over the same to his employer, upon demand.
D. Or under any other obligation:
a. Quasi-contract: received item without ordering, did not return nor refuse to receive.
b. Contract of bailment:
i. Contract of deposit: A pawn his diamond ring as a guaranty for the payment of his shares of stock, to B. B indorsed it another corporation as a guaranty of his
overdraft (An act of ownership); Z mortgaged property to spouses A and B as security for payment of loan. Z paid the loan only to find out that his property was
sold by the spouses to Shell Corporation.
ii. Contract of lease of personal property: hire jeep, but was never returned as it was sold to third person
 iii. Contract of commodatum – loan for use. The bailor retains the ownership of the thing loaned.
Example: borrowed piano but did not return but sold to another person.

b) That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt;
Misappropriating or converting – connotes the act of using or dispoing of another’s property as if it were one’s own.
Misappropriating – to own, to take something for one’s onw benefit; using of or disposing of another’s nproepty as if it were one’s own or devoting it to a purpose or use
different from that agreed upon.

Estafa Theft
Receives the thing Takes the thing
There is consent No consent
Acquires juridical possession of Acquires only physical/material
thehthing possession

Estafa Malversation
Entrusted with funds
Continuing offenses
Offender is private individual/ public The offender who is usually a public
officer who is not accountable for officer is accountable for public funds or
public funds or property property
Crime is committed by: Crimes is committed by:
1. Misappropriating 1. Appropriating
2. Converting or 2. Taking or misappropriating or
3. Denying having received the 3. Consenting
money 4. Abandonment or negligence
5. Permitting any other person to take
public funds or property

c) That such misappropriation or conversion of such money or property by the offender or denial on his part of such receipt to the prejudice of another
d) There is demand made by the offended party to the offender (not necessary when there is evidence of misappropriation of the goods by the defendant)

3. By taking undue advantage of the signature of the offended party in blank, and by writing any document above such
Elements:
a) That the paper with the signature of the offended party be in blank
 b) The offended party should have delivered it to the offender
c) That above the signature of the offended party, a document is written by the offender without authority to do so.
d) That the document so written creates a liability of, or causes damage to, the offended party or any third person

BY MEANS OF DECEIT:
Elements:
1. There must be false pretense, fraudulent act or fraudulent means
2. 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 be have relied on the false pretense, fraudulent act or fraudulent means, that is, he was induced to party with his money or property because of the false
pretense, fraudulent act, fraudulent means.
4. That as a result thereof, the offended party suffered damage.

2. BY MEANS OF ANY OF THE FOLLOWING FALSE PRETENSES OR FRAUDULENT ACTS EXECUTED PRIOR TO OR SIMULTATENEOUSLY WITH THE COMMISSION OF
THE FRAUD:

False pretense – the deceit constitutes in the use of deceitful words (in fraudulent acts, the deceit constitute principally in deceitful acts)
a. By using fictitious name or falsely pretending to possess PIQPCABI – (power, influence, qualifications, property, credit, agency, business or imaginary transactions);
1) By using fictitious name
2) By falsely pretending to possess:
a. Power
b. Influence
c. Qualifications
d. Property
e. Credit
f. Agency
g. Business or imaginary transactions;
 Illegal Recruitment – any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring
Elements in large scale illegal recruitment:
1. The accsued undertook a recruitment activity defined in Art. 13b of Labor code or any other prohibited practice unde Art. 24
2. He did not have the license or authority to lawfully engage
3. Committed the same against three or more persons individually or as a group

 Estafa and Falsification of Private documents – cannot be complexed because the damage essential to both is the same.
o If falsification of private document is used as a means to commit estafa  falsification.
o If the estafa can be committed without the necessary falsification  estafa.
  Estafa through false pretense made in writing  simple crime of estafa.
 Attempted estafa through forgery

3) By means of other similar deceits

Example: presenting deed of donation mortis cause vitiated by lack of consent, to the Office of the Register of Deeds to register the same and secure new TCT.

b. By altering the quality, fineness or weight of anything pertaining to his art or business
Example: jeweler
 Alteration of any scale, balance, weight or measureafter it is officialy sealed is prohibited under Consumer Act of the Philippines

c. By pretending to have bribed the Government employee, without prejudice to the action for calumby which the offended party may deem proper to bring against the offender
- Committed by any person who would ask money from anther for the alleged purpose of bribing a government employee, when in truth and in fact the offender intended to convert
the money to his own personal use and benefit.
𝒬 What if the he really gives the money?
 Crime is corruption of public officer.

Fraudulent acts – the acts must be characterized or founded on deceit, trick, o cheating.
d. By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the
amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three days from receipt of notice from the bank and/or the payee or
holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.
Elements:
1. That the offender postdated 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.

3. THROUGH ANY OF THE FOLLOWING FRAUDULENT MEANS:

1. By inducing another, by means of deceit, to sign any document
Elements:
1) That the offender induced the offended party to sign a document
2) That deceit be employed
3) That the offended party personally signed the document
4) That prejudiced be caused

2. By resorting to some fraudulent practice to insure success in gambling game

3. By removing, concealing or destroying, in whole or in party, any court record, office files, document or any other papers
Elements:
1. There be court record, office files, documents or any other papers
2. The offender removed, concealed or destroyed any of them
3. That the offender had intent to defraud another

BP 22
1. Making or drawing and issuing any check to apply on account or for value, knowing 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, which 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 drawer, without any valid reason, ordered the bank to stop payment.

Elements:
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
4) That the check is subsequently dishonored by the drawee bank for insufficiency of fund or credit, or would have been dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment.

2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, by failing 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, for which reason it is dishonored by the drawee bank.
Elements:
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
3. That the check is dishonored by the drawee bank
316 Other forms of swindling 1. Any person who, pretending to be the owner of any real property,
shall convey, sell, encumber, or mortgage the same;
Elements:

2. Any person who, knowing that real property is encumbered, shall

dispose of the same, although such encumbrance be not recorded
3. The owner of any personal property who shall wrongfully take it
 from its lawful possessor, to the prejudice of the latter or any third
person;
4. Any person, who, to the prejudice of another, shall execute any
fictitious contract;
5. Any person who shall accept any compensation given him under
the belief that it was in payment of services rendered or labor
performed by him, when in fact he did not actually perform such
services or labor;
6. Any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before
the cancellation of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage, or, in any other
manner, encumber the real property or properties with which he
guaranteed the fulfillment of such obligation.
Swindling a minor
Other deceits 1. By defrauding or damaging another by any other deceit not
mentioned in the preceding articles
2. By interpreting dreams, by making forecasts, by telling fortunes, or
by taking advantage of the credulity of the public in any other
similar manner, for profit or gain.
Chattel Mortgage 1. That the personal property is mortgaged under the Chattel
Mortgage Law
2. That the offender knows that such propert is so mortgaged
3. That he removes
Arson
Malicious Mischief Willful damaging of another’s property for the sake of causing
damage due to hate, revenge or other motive.

1.