Chapter One.

ROBBERY

Crime Elements Important Points to Remember

WHO ARE 1. That there is Robbery – the crime of taking (asportation) of personal property belonging to another, with
GUILTY OF unlawful taking of intent to gain, by means of violence against, or intimidation of any person, using force upon
ROBBERY personal property anything.
2. The personal
Art. 293. Any property belongs Distinctions Between Effects of Employment of VAIAP
person who, to another and those of use FUT:
with intent to 3. That the taking be 1. Whenever violence against or intimidation of any person is used, the taking is always
gain, shall take with intent to gain robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is
any personal 4. That there is used to either enter building or to break doors, etc.
property violence against 2. In RVAIP, value of personal property is immaterial; penalty depends on:
belonging to or intimidation of a) result of violence used
another, by any person, or b) existence of intimidation only
means of force upon 3. In RFUT, the penalty is based on:
violence or anything a) Value of property taken
intimidation of b) On whether or not the offenders carry arms
any person, or 4. In RFUT in an uninhabited building, the penalty is based on the value of the property taken
using force upon Classification: 5. Unlawful Taking is complete:
anything shall 1. Robbery with a) RVAIP – from moment offender gains possession of the thing, even in the absence of
be guilty of violence against, opportunity to dispose of the same
robbery. or intimidation of b) RFUT – thing must be taken out of the building to consummate the crime
persons (RVAIP)
Note:
2. Robbery with the 1. The property taken must be personal property, for if real property is occupied or real right is
use of force upon usurped by means of violence against or intimidation of person, the crime is usurpation
things (RFUT) (Art. 312)
a) Robbery in 2. Prohibitive articles may be subject matter of robbery (i.e. opium)
Inhabited 3. The naming of the owner is a matter of essential description when the crime charged is
House or Public robbery with homicide. But when robbery only results to physical injuries, the name of the
Building or real owner is not essential so long as the personal property does not belong to the offender
Edifice devoted 4. The “taking” as an element of robbery means depriving the offended party of ownership of
to Public the thing taken with the character of permanency
Worship 5. The taking must be unlawful as when the personal property is taken against will of the
b) Robbery in owner
Uninhabited 6. Intent to gain is presumed from unlawful taking of personal property. But the element of
House or in a “personal property belonging to another” must concur with intent to gain.
Private 7. In the absence of intent to gain, if there is violence, the crime is grave coercion.
Building 8. When the offender, in taking personal property belonging to another with intent to gain,
employs violence against or intimidation on any person, the crime is robbery with violence
against or intimidation of persons, even if the robbery was committed in a dwelling house
Liable Persons - after the offender had entered the same in any of the means effected in Art. 299 and 302
Any person who, 9. R.A. 6539 is the law applicable when property taken in robbery is a motor vehicle
with intent to gain,
shall take any Violence and Intimidation
personal property General Rule: Violence or intimidation must be present before taking personal
belonging to another, property is complete
by means of violence Exception: When violence results in (1) homicide, (2) rape, (3) intentional
against or mutilation, or (4) any of the serious physical injuries penalized in par. 1 and 2 of Art. 263, the
intimidation of any taking of personal property is complexed with any of those crimes under Art. 294, even if
person, or using force taking was already completed when violence was used by the offender
upon anything, shall Note:
be guilty of robbery 1. Violence must be against person of offended party and not upon the thing taken; otherwise,
the crime committed is theft.
2. The injuring or killing of a person on the occasion or by reason of robbery constitutes
violence
3. Intimidation exists when it causes the fear or fright of the victim.
4. Intimidation need not be threat of bodily harm.
5. The taking of property need not be immediately after the intimidation

Using Force Upon Anything

General Rule: In robbery using force upon things, the offender must enter a house or building.
Entrance must be effected by any of the means effected in Art. 299 and 302
Exceptions:
(a) when the robbery is committed by breaking wardrobes, chests or any other kind of locked
or sealed furniture or receptacle inside an inhabited house, a public building or an edifice
devoted to religious worship
(b) taking such furniture or objects away to be broken or forced open outside
(c) when robbery is in an uninhabited building, other than a public building or edifice for
religious worship, is committed by breaking any wardrobes, chests or any other kind of locked
or sealed furniture or receptacle, even if the same be broken open elsewhere.
Section One. - Robbery with violence or intimidation of persons.

Crime Elements Important Points to Remember Penalty

ROBBERY 1. When by reason or on occasion of 1. Crime defined in this article is a special reclusion
WITH robbery, crime of homicide is complex crime and provides for its own perpetua –
VIOLENCE committed specific penalty robbery with
AGAINST OR 2. When robbery is accompanied by 2. “On the occasion” or “by reason” means homicide, rape,
INTIMIDATION rape or intentional mutilation or that it must be committed in the course intentional
OF PERSONS arson of or because of the robbery mutilation or
3. When by reason or on occasion of arson
Article 294. such robbery, any of the physical Robbery with Homicide
Penalties. - Any injury resulting in insanity, Homicide is committed by reason or on
person guilty of imbecility, impotency or blindness occasion of robbery if it is committed: reclusion
robbery with the is inflicted a) to facilitate robbery or the escape of the temporal in its
use of violence 4. When by reason or on occasion of culprit medium period
against or such robbery, any of the physical b) to preserve the possession by the culprit to reclusion
intimidation of any injuries resulting in loss of use of of the loot perpetua –
person shall suffer: speech or the power to hear or to c) to prevent discovery of the commission robbery with
smell, or the loss of an eye, a hand, of the robbery serious physical
1. The penalty of a foot, an arm, or a leg or the loss injuries [1]
d) to eliminate witnesses to the
reclusion perpetua of the use of any such member or
commission of the crime
to death, when by incapacity for the work in which
reason or on the injured person is theretofore reclusion
occasion of the habitually engaged is inflicted 1. The crime committed is a special temporal -
robbery, the crime 5. If the violence or intimidation complex crime of Robbery with robbery with
of homicide shall employed in the commission of the Homicide when homicide is committed serious physical
have been robbery is carried to a degree “on occasion” or “by reason” of robbery; injuries [2]
committed; or clearly unnecessary for the otherwise two separate offenses were
when robbery shall commission of the crime committed.
have been 6. When in the course of its 2. The original intent must be to commit prision mayor in
accompanied by execution, the offender shall have robbery. An intent to take personal its maximum
rape or intentional inflicted upon any person not property belonging to another with intent period to
mutilation or arson; responsible for the commission of to gain must precede killing. reclusion
the robbery any of the physical 3. The killing may occur before, during or temporal in its
2. The penalty of injuries in consequence of which after the robbery and it is immaterial that medium –
reclusion temporal the person injured becomes death would supervene by mere accident, robbery with
in its medium deformed or loses any other or that the victim of the homicide is other unnecessary
period to reclusion member of his body or loses the than the victim of the robbery or that two violence and/or
perpetua, when by use thereof or becomes ill or or more victims are killed. However, intimidation
reason or on incapacitated for the performance there must be a direct connection
occasion of such of the work in which he is between the robbery and the killing.
robbery, any of the habitually engaged for more than 4. The juridical concept of robbery with prision
physical injuries 90 days or the person injured homicide does not limit the taking of life correccional in
penalized in becomes ill or incapacitated from to one single victim making the slaying its maximum
subdivision 1 of labor for more than 30 days of human beings in excess of that period to
Article 263 shall 7. If the violence employed by the number punishable as separate, prision mayor in
have been inflicted; offender does not cause any of the independent offense or offenses. All its medium
serious physical injuries defined in homicides or murders are merged in a period – simple
3. The penalty of Art. 263, or if the offender employs single indivisible crime/ composite robbery
reclusion temporal, intimidation only crime that is robbery with homicide so
when by reason or long as all the killings were perpetrated
on occasion of the Hierarchy of Crime by reason or on the occasion of the prision
robbery, any of the (Severity/Gravity) robbery. correccional in
physical injuries 1. Homicide – includes all killings 5. There is no such crime as robbery with its maximum
penalized in 2. Rape murder. The qualifying circumstance period to
subdivision 2 of 3. Intentional Mutilation shall be understood as a generic prision mayor in
the article 4. Arson aggravating circumstance. its medium
mentioned in the 5. Serious Physical Injuries 6. All who participated in the robbery as period – simple
next preceding 6. Unnecessary Violence principals are principals in robbery with robbery
paragraph, shall 7. Simple Robbery homicide
have been inflicted.  When two crimes are committed 7. An accessory to robbery with homicide
in the same robbery, the next in must have knowledge of the commission
hierarchy shall be absorbed by of both crimes to be liable, not just
the higher crime in the hierarchy robbery
 Crime Elements Important Points to Remember Penalty

4. The penalty of Robbery with Rape Civil Liability

prision mayor in its 1. The crime committed is a special complex in Robbery
maximum period to crime of Robbery with Rape when robbery is with Rape
reclusion temporal in accompanied with the crime of rape, so long as  P50,000.00
its medium period, if the intent to gain precedes the act of rape.
the violence or The accused
2. Even if the rape is committed at another place,
intimidation shall be liable
it is still robbery with rape. But rape
employed in the for the value of
committed against a woman from a house the stolen
commission of the
other than where the robbery was committed, property and
robbery shall have
been carried to a the rape is a separate offense. indemnify the
degree clearly 3. It is not necessary that rape be committed prior offended
unnecessary for the to or simultaneously with robbery. so long as woman for
commission of the the original criminal intent is to commit damages.
crime, or when the robbery and it was accompanied with rape.
course of its 4. There is no such crime as robbery with
execution, the attempted rape, because robbery cannot be a
offender shall have necessary means to commit attempted rape or
inflicted upon any vice versa as both cannot be the result of a
person not single act.
responsible for its 5. When taking of personal property is an
commission any of
independent act following defendant’s failure
the physical injuries
to consummate the rape, there are 2 crimes:
covered by sub-
divisions 3 and 4 of theft and attempted rape
said Article 263. 6. Additional rapes committed on same occasion
of robbery will not increase penalty. All acts
of rape on the occasion of robbery is integrated
in one composite crime of Robbery with Rape.
5. The penalty of 7. If rape and homicide with robbery co-exist, the
prision correccional rape will be considered as an aggravating
in its maximum circumstance
period to prision
mayor in its medium Robbery with Serious Physical Injuries
period in other cases. Requisites of Robbery with 1. The serious physical injuries in Art. 263 par.
Serious Physical Injuries in [3] & [4] and inflicted in connection with
[3] & [4] robbery, must be inflicted on the occasion or
1. That any of the physical
by reason of robbery.
injuries defined in par [3]
2. The serious physical injuries, defined in Art.
and [4] of Art. 263 was
263 par. [3] & [4] and inflicted in connection
inflicted in the course of the
with robbery, must be inflicted in the course of
robbery
its execution.
2. That any of them was
3. Inflicting serious physical injuries in par [3] &
inflicted upon any person [4] must be inflicted upon any person not
not responsible for the responsible for the commission of robbery.
commission of the robbery
Robbery with Unnecessary Violence and/or
Intimidation
1. The violence need not result in serious
physical injuries. All that is required is that
violence employed be unnecessary for the
commission of robbery. [CRUELTY]
2. In robbery with intimidation, there must be
acts done by the accused which, either by their
own nature or by reason of the circumstances
under which they are executed, inspire fear in
person against whom they are directed
 Crime
ROBBERY WITH PHYSICAL
INJURIES, COMMITTED IN
AN UNINHABITED PLACE
AND BY A BAND, OR WITH
THE USE OF FIREARM ON A
STREET, ROAD OR ALLEY
Art. 295. If the offenses
mentioned in subdivisions [3],
[4] & [5] of the next preceding
article shall have been
committed in an uninhabited
place or by a band, or by
attacking a moving train,
street car, motor vehicle or
airship, or by entering the
passenger's compartments in a
train or, in any manner, taking
the passengers thereof by
surprise in the respective
conveyances, or on a street,
road, highway, or alley, and
the intimidation is made with
the use of a firearm, the
offender shall be punished by
the maximum period of the
proper penalties.
In the same cases, the
penalty next higher in degree
shall be imposed upon the
Elements
Threats to Extort Money
Distinguished from Robbery
Thru Intimidation:
1. Both, there is intimidation
by offender
2. Both, purpose is identical:
to obtain gain
3. In robbery, intimidation is
actual and immediate; In
threats, intimidation is
conditional or future
4. In robbery, intimidation is
personal; In threats, it may
be done thru an
intermediary
5. In robbery, intimidation is
directed only to person of
victim; In threats,
intimidation may refer to
person, honor or property of
offended party or that of his
family
6. In robbery, gain of culprit is
immediate; in threats, gain
is not immediate
Robbery with Violence
Distinguished from Grave
Coercion:
1. Both, there is violence used
by offender
3. In robber, there is intent to
gain; in grave coercion,
there is not such element
Qualifying
Circumstances in
RVAIP:
If any of the offenses
defined in subdivision [3],
[4] & [5] of Art. 294 is
committed –
1. in an uninhabited place
2. by a band
3. by attacking a moving
train, street car, motor
vehicle or airship
4. by entering passengers’
compartments in a train,
or in any manner taking
the passengers thereof
by surprise in the
respective conveyances
5. on a street, road,
highway, or alley, and
the intimidation is made
with the use of firearms
Important Points to Remember Penalty
Simple Robbery
1.Known as simple robbery, because the
violence against any person does not result in
homicide, rape, intentional mutilation, or any
serious physical injuries that give rise to a
special complex crime
2.The crime is simple robbery when the injury
inflicted upon the offended party on the
occasion of robbery can be qualified as less
serious or slight physical injury.
3.Violence/intimidation need not be present at
any time before or at exact moment the owner
is deprived of his property.
4.There is violence, even if the physical force
employed by the offender merely consists in
his pushing the victim.
5.Intimidation exists when the acts done or
words uttered by the offender are, either by
their own nature or by reason of the
circumstances under which they are executed,
capable of producing fear in the person
threatened and restricted or hindered the free
exercise of his will.
6. Intimidation consists in causing or creating a
fear in mind of a person or bringing in a sense
of mental distress in view of a risk or evil that
may be impending or in imagination and such
fear of injury to person or property must
continue to operate on the mind of the victim
at the time of the delivery of the money.
1. Any of the qualifying circumstances must be Participant
alleged in the information to the
2. Being a qualifying circumstance, it cannot be crime -
maximum
offset by a generic mitigating circumstance
3. The intimidation with use of firearm qualifies period
only robbery on a street, road, highway or of proper
alley. penalties
4. Article 295 does not apply to robbery with
homicide, or rape, or serious physical injuries Leader of
the band -
under par. 1 of Art. 263
penalty
next higher
in degree
leader of the band.
Crime Elements
DEFINITION OF A Outline:
BAND AND 1. When at least four armed
PENALTY malefactors take part in
INCURRED BY commission of a robbery,
THE MEMBERS it is deemed to be
THEREOF committed by a band
Art. 296. When more 2. When any of the arms
than three armed used in the commission of 3. Clubs are considered as arms or any weapon
malefactors take part robber is not licensed, the
in the commission of a penalty upon ALL the
robbery, it shall be malefactors shall be the
deemed to have been maximum period of
committed by a band. corresponding penalty
When any of the arms provided by law, without
used in the prejudice to criminal
commission of the liability for illegal
offense be an possession of such
unlicensed firearm, the unlicensed firearms
penalty to be imposed
upon all the 3. Any member of a band
malefactors shall be who was present at the
the maximum of the commission of a robbery
corresponding penalty by the band, shall be
provided by law, punished as principal of
without prejudice of any of the assaults
the criminal liability committed by the band,
for illegal possession unless it be shown that he 8. Member must be present at the commission of
of such unlicensed attempted to prevent the
firearms. same
Any member of a
band who is present at Requisites for Liability for
the commission of a Acts of the Other Members
robbery by the band, of the Band:
shall be punished as A member of the band is
principal of any of the liable for any of the assaults
assaults committed by committed by other
the band, unless it be members, when the following
shown that he concur –
attempted to prevent 1. That he was a member of
the same. the band
2. That he was present at
commission of a robbery
by that band
3. That the other members of
the band committed an
assault
4. That he did not attempt to
prevent the assault
Important Points to Remember Penalty
1. Robbery is deemed committed by a band when Maximum
at least four armed malefactors take part in period
commission of the crime. of
2. To avoid liability, there must be proof that he corresponding
made an endeavor to prevent the assault penalty
committed by another member of the band, in provided
order that he may not be held liable for such by law, without
assault. prejudice to
criminal
which, in the hands of the members of a band, liability
may be as dangerous to the life of one who for illegal
would resist the depredations of the band, as possession of
are guns and bolos. such unlicensed
4. When the robbery was not committed by a firearms
band, the robber who did not take part in the
assault by another is not liable for that assault
5. When robbery was not by a band and
homicide was not determined by the accused
when they plotted the crime, the one who did
not participate in the killing is liable for
robbery only.
6. When there is conspiracy to commit homicide
and robbery, all the conspirators, even if less
than 4 armed men, are liable for special
complex crime of robbery with homicide.
7. Proof of conspiracy not necessary when 4 or
more armed persons committed robbery
the robbery to be held liable.
a) A principal by inducement, who did not go
with the band at the place of the commission
of robbery, is not liable for robbery with
homicide, but only for robbery in band, there
being no evidence that he gave instructions to
kill the victim or intended that this should be
done.
b)Where members of the band conspire to
commit robbery but homicide was committed
on the commission thereof – all members of
the band are liable for Robbery with
Homicide, in the absence of proof that none
of them attempted to prevent the homicide.
9. There is no crime of Robbery with Homicide
in Band or Robbery in Band with Multiple
Rape. The crime would still be denominated as
Robbery with Homicide or Robbery with
Rape, as the case may be, but the circumstance
that it was committed by a band would be
appreciated as an ordinary aggravating
circumstance.
10.The special aggravating circumstance of use of
unlicensed firearm is not applicable to robbery
with homicide committed by a band or in
robbery with rape or intentional mutilation and
in robbery with physical injuries [1]. It shall be
considered a separate crime.
11.Use of firearm, whether licensed or
unlicensed, in making the intimidation is a
qualifying circumstance in any of the par [3],
[4] and [5] of Art. 294 is committed on a
street, road, highway or alley.
 Crime Elements Important Points to Remember Penalty

ATTEMPTED AND Attempted Robbery with 1. Robbery has no FRUSTRATED stage - the reclusion
FRUSTRATED Homicide moment the offender has complete control of temporal in its
ROBBERY the property consummates the felony. maximum
COMMITTED 2. “Homicide” is used in its generic sense – the period to
UNDER CERTAIN deliberate and unlawful killing of one person reclusion
CIRCUMSTANCES by another – including multiple homicides, perpetua
murder, parricide, and infanticide.
Art. 297. When by 3. To appreciate robbery in attempted or
reason or on occasion of frustrated stage, there must be an overt act
an attempted or which would lead to robbery
frustrated robbery a 4. Art. 296 is applicable when the crime of
homicide is committed, attempted robbery with homicide is committed
the person guilty of such by a band.
offenses shall be 5. Robbery with Homicide and Attempted
punished by reclusion Robbery with Homicide are special complex
temporal in its maximum crimes governed by Art. 294 and 297,
period to reclusion respectively.
perpetua, unless the 6. Article 48 is applicable when the offense
homicide committed committed is attempted robbery with serious
shall deserve a higher physical injuries
penalty under the 7. When the crime committed is robbery with
provisions of this Code. frustrated homicide, the penalty for the most
serious crime, should be imposed in its
maximum period.

EXECUTION OF 1. The offender has intent 1. “Public” is understood as “instrument”. penalties

DEEDS BY MEANS to defraud another Hence, this article applies even if the respectively
OF VIOLENCE OR document signed, executed or delivered is a prescribed for
INTIMIDATION 2. The offender compels private or commercial document. Robbery with
him to sign, execute or 2. This Article shall not be applicable if the Homicide and
Art. 298. Any person deliver any public document is void Attempted
who, with intent to instrument or document Robbery with
defraud another, by Execution of deeds by means of violence or Homicide.
means of violence or 3. The compulsion is by intimidation distinguished from Coercion
intimidation, shall means of violence or 1. when the offended party is under obligation to
compel him to sign, intimidation sign, execute or deliver the document under
execute or deliver any the law, there is no robbery.
public instrument or
documents, shall be held 2. There will be coercion if violence is used in
guilty of robbery and compelling the offended party to sign or
punished by the penalties deliver the document
respectively prescribed
in this Chapter.
Section Two. – Robbery by use of force upon things
Crime
ROBBERY IN AN
INHABITED HOUSE OR
PUBLIC BUILDING OR
EDIFICE DEVOTED TO
WORSHIP
Art. 299. Any armed person
who shall commit robbery
in an inhabited house or
public building or edifice
devoted to religious
worship, shall be punished
by reclusion temporal, if the
value of the property taken
shall exceed fifty thousand
pesos (₱50,000), and if—
(a) The malefactors shall
enter the house or building
in which the robbery was
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 the 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 upon
outside the place of the
robbery.
3. When the offenders do
not carry arms, and the
value of the property
taken exceeds fifty
thousand pesos
(₱50,000), the penalty
next lower in degree
shall be imposed.
Elements
(A) OFFENDER EFFECTS
UNLAWFUL ENTRY
1. That the offender entered:
a) an inhabited place
b)public building
c) edifice devoted to
religious
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
d)By using 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.
(B) OFFENDER IS INSIDE
HOUSE OR BUILDING
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
b)By taking such furniture
or objects away to be
broken or forced open
outside the place of the
robbery
Important Points to Remember Penalty
Robbery by Force Upon Things – the 1. By armed
unlawful taking of personal property person and the
belonging to another with intent to gain value of the
from the broken furniture or receptacle, or property taken
the taking away of locked or closed or exceeds
sealed furniture or receptacle to be broken ₱50,000 –
or forced open outside the house or reclusion
building. temporal
Inhabited House – any shelter, ship or 2. By unarmed
vessel constituting the dwelling of one or person and the
more persons even though the inhabitants value of
thereof are temporarily absent therefrom property taken
when robbery is committed exceeds
₱50,000 –
Public Building – every building owned prision mayor
by the government or belonging to a
private person but used or rented by the 3. By armed
government, although temporarily person but the
unoccupied; what makes a building public value of
is not its inauguration for the purpose property taken
intended but the fact of the State or any of does not
its agencies having the title thereto. exceed
₱50,000 –
(A) Unlawful Entry prision mayor
1.The offender must enter the house in
which the robbery is committed and 4. By unarmed
there must be evidence or the facts must person and the
show that the accused entered the value of the
dwelling house or building by any means property taken
enumerated. Where the manner of does not
entrance into the house was not proven, exceed
the crime is theft. ₱50,000 –
2. Any of the four means described must prision mayor
be resorted to by the offender to enter in minimum
and not to get out or exit. period
a) Through an opening not intended for 5. In a
dependency of
entrance or egress
inhabited
 The whole body of the culprit must be
inside the building to constitute house, public
entering. building or
edifice devoted
to religious
worship –
b) By breaking any wall, roof or floor or
penalty next
breaking any door or window
lower in degree
 The wall broken must be an outside
wall, not a wall between rooms inside a than those
specified above
house or building, because the breaking
of the wall must be for the purpose of
entering the house or building where
the robbery is committed.
 Where entrance is effected through a
means intended for entrance or egress,
in order to qualify the crime as robbery,
there must be an actual breaking or
smashing in opening the door.
 The door contemplated is the main or

The same rule shall be
applied when the offenders
are armed, but the value of
the property taken does not
exceed fifty thousand pesos
(₱50,000).
When said offenders do
not carry arms and the value
of the property taken does
not exceed fifty thousand
pesos (₱50,000), they shall
suffer the penalty prescribed
in the two (2) next
preceding paragraphs, in its
minimum period.
If the robbery be
committed in one of the
dependencies of an
inhabited house, public
building, or building
dedicated to religious
worship, the penalties next
lower in degree than those
prescribed in this article
shall be imposed.
back door which must be opened to
effect entrance by that means.
ARMS
 The weapon carried by c) By using false keys, picklocks or
the offender must not similar tools
have been used to
False Keys – genuine keys stolen from the
intimidate a person, for
owner or any keys other than those
the reason that once the
intended by the owner for the use in the
circumstance of lock forcibly opened by the offender
intimidation enters in
the commission of the Picklocks – tools for picking locks
crime, it is sufficient to specially adopted to the commission of the
remove the offense crime of robbery
from Art. 299 and place
it within the purview of  The genuine key must be stolen, not
Art. 294. taken by force or with intimidation,
 The liability for from the owner
carrying arms while  The use of false key or picklock refers
robbing an inhabited to the mode of entering the house or
house is extended to building and not the method of opening
each of the offenders a trunk in the house or opening the
who take part in the drawer of the cabinet.
robbery, even if some of  The crime is theft when the false key is
them do not carry arms used to open wardrobe or locked
receptacle or drawer or inside door.
d) By using fictitious name or
pretending the exercise of public
authority
 The use of fictitious names or
pretending the exercise of public
authority must be the efficient cause of
the opening by the offended party of the
door of his house to the accused.
(B) OFFENDER IS INSIDE HOUSE
OR BUILDING
 Entrance into the building by any of
the means mention in subdivision [a]
of Art. 299 is not required in robbery
under subdivision [b] of the same
article
 A person who carries away a sealed
box or receptacle for the purpose of
breaking the same and taking out its
contents outside the place of robbery is
guilty of consummated robbery even
though he does not succeed in opening
the box.
 It is estafa or theft, if the locked or
sealed receptacle is not forced open in
the building where it is kept or taken
therefrom to be broken outside
 Crime
ROBBERY IN AN
UNINHABITED PLACE AND
BY A BAND
Art. 300. The robbery mentioned
in the next preceding article, if
committed in an uninhabited
place and by a band, shall be
punished by the maximum period
of the penalty provided therefor.
WHAT IS AN INHABITED
HOUSE, PUBLIC BUILDING
OR BUILDING DEDICATED
TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
Art. 301. Inhabited house means
any shelter, ship or vessel
constituting the dwelling of one
or more persons, even though the
inhabitants thereof shall
temporarily be absent therefrom
when the robbery is committed.
All interior courts, corrals,
waterhouses, granaries, barns,
coach-houses, stables or other
departments or enclosed places
contiguous to the building or
edifice, having an interior
entrance connected therewith, and
which form part of the whole,
shall be deemed dependencies of
an inhabited house, public
building or building dedicated to
religious worship.
Orchards and other lands used
for cultivation or production are
not included in the terms of the
next preceding paragraph, even if
closed, contiguous to the building
and having direct connection
therewith.
The term "public building"
includes every building owned by
the Government or belonging to a
private person not included used
Elements Important Points to Remember Penalty
Qualifying 1. Robbery in an inhabited house, public maximum period
Circumstances building or edifice devoted to religious of the penalty
1. Committed by a band worship is qualified when committed by provided therefor
2. Committed in an a band and in an uninhabited place. The
uninhabited place two qualifications must concur.
2. The dwelling house, public building or
edifice devoted to religious worship
must be located in an uninhabited place.
Distinction between two classes of
robbery as to their being qualified
1. Robbery with violence against or
intimidation of persons must be
committed in an uninhabited place OR
by a band (Art. 295)
2. Robbery with force upon things must be
committed in an uninhabited place
AND by a band (Art. 299). Two
qualifications must concur.
Inhabited House – any shelter, ship or vessel constituting the
dwelling of one or more persons even though the inhabitants
thereof are temporarily absent therefrom when robbery is
committed
Public Building – every building owned by the government
or belonging to a private person but used or rented by the
government, although temporarily unoccupied; what makes a
building public is not its inauguration for the purpose intended
but the fact of the State or any of its agencies having the title
thereto.
Note:
1. The place is still inhabited house even if the occupant was
absent.
2. The inhabited house must ordinarily be intended as a
dwelling place
Requisites of to be Dependencies - all interior courts, corrals, waterhouses,
considered granaries, barns, coach-houses, stables or other departments or
Dependencies enclosed places contiguous to the building or edifice, having
1.Must be contiguous an interior entrance connected therewith, and which form part
(sharing a common of the whole
border) to the building
2.Must have an interior
entrance connected
therewith
3.Must form part of the
whole
or rented by the Government,
although temporarily unoccupied
by the same.
Crime
ROBBERY IN AN
UNINHABITED PLACE
OR IN A PRIVATE
BUILDING
Art. 302. Any robbery
committed in an uninhabited
place or in a building other
than those mentioned in the
first paragraph of Article 299,
if the value of the property
taken exceeds fifty thousand
pesos (₱50,000), shall be
punished by prisión
correccional in its medium
and maximum periods
provided that any of the
following circumstances is
present:
1. If the entrance has been
effected through any
opening not intended for
entrance or egress.
2. If any wall, roof, floor or
outside door or window
has been broken.
3. If the entrance has been
effected through the use of
false keys, picklocks or
other similar tools.
4. If any door, wardrobe,
chest, or any sealed or
closed furniture or
receptacle has been
broken.
5. If any closed or sealed
receptacle, as mentioned
in the preceding
paragraph, has been
removed, even if the same
be broken open elsewhere.
When the value of the
property taken does not
exceed fifty thousand pesos
(₱50,000), the penalty next
lower in degree shall be
imposed.
In the cases specified in
Articles 294, 295, 297, 299,
300, and 302 of this Code,
when the property taken is
mail matter or large cattle,
the offender shall suffer the
penalties next higher in
degree than those provided in
said articles.
Elements Important Points to Remember Penalty
1. That the offender 1. The building described in Art. 302 1. value of the
entered an uninhabited includes any kind of structure used for property taken
place or a building storage or safekeeping of personal exceeds
which was not a property, other than those mentioned in ₱50,000 -
dwelling house, not a Art. 299. prisión
public building or not correccional in
an edifice devoted to 2. (a) Entrance through an opening not its medium and
religious worship intended for entrance or egress, or maximum
(b) after breaking a wall, roof, floor or periods
2. That any of the outside door or window or (c) through
following circumstance the use of false keys, picklocks or other 2. value of the
was present: similar tools is not necessary, if there is property taken
a) The entrance was (d) breaking of wardrobe, chest or any does not
effected through an sealed or closed furniture or receptacle exceed
opening not intended or (e) removal thereof to be broken ₱50,000 -
for entrance or egress open elsewhere penalty next
b)A wall, roof, floor or lower in degree
outside door or 3. The breaking of detachable accessory (arrsto mayor)
window was broken gadget (i.e. padlock or doorknob)
c) The entrance was constitutes theft and not robbery.
effected through the
use of false keys, 4. A receptacle is a container (i.e. rate).
picklocks or other The breaking of a receptacle containing
similar tools the property or taking of the receptacle
d)A door, wardrobe, itself to be broken elsewhere constitute
chest or any closed or robbery even if the property was not
sealed furniture or successfully taken.
receptacle was broken
e) A closed or sealed 5. The imposable penalty in robbery in
receptacle was uninhabited place is based only on the
removed, even if the value of the property taken.
same be broken open
elsewhere
3. That with intent to gain,
the offender took
therefrom personal
property belonging to
another
Qualifying Circumstance
- when the property taken,
in cases specified in
Articles 294, 295, 297,
299, 300, and 302 of this
Code, is mail matter or
large cattle, the offender
shall suffer the penalties
next higher in degree than
those provided in said
articles.
 Crime Elements Important Points to Remember Penalty

ROBBERY OF CEREALS, 1. When the robbery described in Arts. penalty next lower
FRUITS, OR FIREWOOD 299 and 302 consists in the taking of in degree than that
IN AN UNINHABITED cereals, fruits or firewood, the prescribed in cases
PLACE OR PRIVATE penalty next lower in degree than that enumerated in
BUILDING prescribed in said articles shall be Articles 299 and
imposed. 302
Art. 303. In the cases 2. The penalty next lower in degree
enumerated in Articles 299 shall be imposed for robbery of
and 302, when the robbery cereals, fruits, or firewood only when
consists in the taking of robbery is committed by the use of
cereals, fruits, or firewood, force upon things, without violence
the culprit shall suffer the against or intimidation of any person.
penalty next lower in degree 3. Cereals are seedlings which are the
than that prescribed in said immediate product of soil (i.e. palay).
articles.

POSSESSION OF 1. That the offender has in 1. It is not necessary that the picklocks arresto mayor in
PICKLOCKS OR his possession picklocks or similar tools are actually used to its maximum
SIMILAR TOOLS or similar tools commit robbery period to prision
correccional in its
Art. 304. Any person who 2. That such picklocks or 2. If the person who makes such tools is minimum period –
shall without lawful cause similar tools are specially a locksmith, the penalty is higher offender in
have in his possession adopted to the possession of
picklocks or similar tools commission of robbery 3. If he is not a locksmith, the penalty is picklocks and
especially adopted to the the same as that for a mere possessor. similar tools or
commission of the crime of 3. That the offender does not those who shall
robbery, shall be punished by have lawful cause for such make such tools
arresto mayor in its possession
maximum period to prision
correccional in its minimum prision
period. correccional in its
medium and
The same penalty shall be maximum periods
imposed upon any person – offender is a
who shall make such tools. If locksmith
the offender be a locksmith,
he shall suffer the penalty of
prision correccional in its
medium and maximum
periods.

FALSE KEYS False Keys – genuine keys stolen from

the owner or any keys other than those
Art. 305.The term "false intended by the owner for the use in the
keys" shall be deemed to lock forcibly opened by the offender
include:

1. The tools mentioned in the

next preceding articles.
2. Genuine keys stolen from
the owner.
3. Any keys other than those
intended by the owner for
use in the lock forcibly
opened by the offender.
Chapter Two. BRIGANDAGE
Crime
WHO ARE BRIGANDS
Art. 306. Penalty; 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
highway robbers or brigands.
Persons found guilty of this
offense shall be punished by
prision mayor in its medium
period to reclusion temporal in
its minimum period if the act or
acts committed by them are not
punishable by higher penalties,
in which case, they shall suffer
such high penalties.
If any of the arms carried by
any of said persons be an
unlicensed firearm, it shall be
presumed that said persons are
highway robbers or brigands,
and in case of convictions the
penalty shall be imposed in the
maximum period.
Elements Important Points to Remember Penalty
There is brigandage Brigandage – a crime committed by more than prision
when – three armed persons who form a band of mayor in its
1. There be at least four robbers for the purpose of committing robbery medium
persons in the highway or kidnapping persons for the period to
purpose of extortion or to obtain ransom, or for reclusion
2. They formed a band of any other purpose to be attained by means of temporal in
robbers force or violence. its minimum
period
3. The purpose is any of Highway – includes streets within and roads
the following: outside the cities.
a) To commit robbery in
the highway Note:
b) To kidnap persons for 1. The band of at least four armed men must be
the purpose of formed as band of robbers.
extortion or to obtain 2. It is not necessary that the band of robbers
ransom actually committed highway robbery. The
c) To attain by means of existence of any of the purposes mentioned is
force and violence sufficient.
any other purpose 3. Where there is no evidence showing that the
band was organized for any of the purposes
Things to prove: mentioned, there is no crime of brigandage.
1. That there is an 4. All members of a lawless band are presumed
organization of more highway robbers or brigands if any or all of
than three armed them carry unlicensed firearms.
persons forming a 5. The arms carried by members of the band of
band of robbers robbers may be any deadly weapon. Hence,
2. That the purpose of the brigandage may be committed without the
band is any of those use of firearms.
enumerated in Art. 6. The previous activities (had previously
306. kidnapped or looted others in another
3. That they went upon incidents) of the armed band shall be
the highway or roamed considered to prove the purpose of the band.
upon the country for 7. If the act or acts of the brigands are
that purpose punishable by higher penalties, they shall
4. That the accused is a suffer the penalty for the crime actually
member of such group committed (i.e. kidnapping/ robbery with
homicide)
Brigandage and Robbery in Band,
Distinguished
1.Both brigandage and robbery in band require
that offenders form a band of robbers
2.In brigandage the purpose of the offenders is
any of those mentioned in Art. 306;
In robbery in band, the purpose is only to
commit robbery and not necessarily in a
highway
3.If the agreement among the band was to
commit only a particular robbery, the offense
is robbery in band, and not brigandage
4.In brigandage, the mere formation of a band
for any of the purposes mentioned is
sufficient as it would not be necessary to
show that the band actually committed
robbery in a highway;
In robbery in band, it is necessary to prove
that the band actually committed robbery, as
a mere conspiracy to commit robbery is not
 punishable.

Crime Elements Important Points to Remember Penalty

AIDING AND ABETTING
A BAND OF BRIGANDS
Art. 307. Any person
knowingly and in any manner
aiding, abetting or protecting
a band of brigands as
described in the next
preceding article, or giving
them information of the
movements of the police or
other peace officers of the
Government (or of the forces
of the United States Army),
when the latter are acting in
aid of the Government, or
acquiring or receiving the
property taken by such
brigands shall be punished by
prision correccional in its
medium period to prision
mayor in its minimum period.
It shall be presumed that
the person performing any of
the acts provided in this
article has performed them
knowingly, unless the
contrary is proven.
1. That there is a band of
brigands
2. That the offender knows
the band of brigands
3. That the offender does any
of the following:
a) He, in any manner, aids
(help), abets (assist) or
protects such band of
brigands
b) He gives them
information of the
movement of the police
or other peace officers
of the government
c) He acquires or receives
the property taken by
such brigands
1. It shall be presumed that the person Shall be punished
performing any of the acts provided as an accomplice
in this article has performed them – prision
knowingly, unless the contrary is correccional
proven
PRESIDENTIAL DECREE NO. 532
Highway Robbery/Brigandage – the
seizure of any person for ransom,
extortion or other unlawful purposes, or
the taking away of the property of
another by means of violence against or
intimidation of person or force upon
things of other unlawful means,
committed by any person on any
Philippine Highway.
Philippine Highway – shall refer to any
road, street, passage, highway and
bridges or other parts thereof, or railway
or railroad within the Philippines used
by persons, or vehicles, or locomotives
or trains for the movement or circulation
of persons or transportation of goods,
articles, or property or both.
Accomplice – any person who
knowingly and in any manner aids or
protects highway robbers/brigands, such
as giving them information about the
movement of police or other peace
officers of the government, or acquires
or receives property taken by such
pirates or brigands or in any manner
derives any benefit therefrom; or any
person who directly or indirectly abets
the commission of piracy or highway
robbery or brigandage, shall be
considered as an accomplice of the
principal offenders
Chapter Three. THEFT

Crime Elements Important Points to Remember

PERSONS 1. That there is Theft – committed by any person who, with intent to gain but without violence
LIABLE FOR unlawful taking of against or intimidation of persons nor force upon things, shall take personal
THEFT personal property property of another without the latter’s consent.
2. The personal
Art. 308. Theft is property belongs to Robbery Distinguished from Theft
committed by any another 1. In robbery, the offender uses violence against or intimidation against a
person who, with person nor force upon things in the taking of another’s property.
3. That the taking be
intent to gain but In theft, the offender does not use violence against or intimidation against a
with intent to gain
without violence person nor force upon things in the taking of another’s property.
against or 4. That the taking be
2.For robbery to exist, it is necessary that there be a taking against the will of
intimidation of done without
the owner; in theft, it is sufficient that consent on the part of the owner is
persons nor force consent of the owner
lacking.
upon things, shall 5. That the taking be
take personal accomplished
1. Unlawful Taking
property of without the use of
 The crime of theft is consummated from the moment the offender had full
another without violence against or physical possession of the thing, even if he did not have an opportunity to
the latter's intimidation of any dispose of the same. It is not required that the thing stolen be taken away or
consent. person, or force carried away, more or less far away, from the owner.
upon anything  There is no crime of frustrated theft. Unlawful taking, which is the
Theft is likewise
committed by: deprivation of one’s personal property, is the element which produces theft in
1. Any person its consummated stage, even if the offender does not have the opportunity to
Persons Liable
who, having dispose of the same. Without unlawful taking as an act of execution, the
1. Those who, (a) with
found lost offense could only be attempted theft.
intent to gain, (b) but
property, shall  The element of taking means that the act of depriving another of the
without violence
fail to deliver possession and dominion of the movable thing coupled with the intention, at
against or
the same to the the time of the taking, of withholding it with the character of permanency.
intimidation of
local persons nor force  The offender must have the intention of placing the property taken under his
authorities or upon things, (c) take control and of making himself the owner thereof.
to its owner; the personal  The actual transfer of possession may not always and by itself constitute the
2. Any person property of another unlawful taking, but an act done soon thereafter by the offender which may
who, after (e) without the result in unlawful taking or asportation. In such case, the article is deemed to
having latter’s consent. have been taken also, although in the beginning, it was in fact given to and
maliciously 2. Those who, (a) received by the offender.
damaged the having found lost
property of property, (b) fail to 2. Personal Property
another, shall deliver the same to  Personal property includes those which are capable of appropriation by
remove or the local authorities another.
make use of or to its owner
the fruits or 3. Those who, (a) after 3. Intent to Gain
object of the having maliciously  Gain means the acquisition of a thing useful to the purpose of life, as well as
damage caused damaged the the benefit which in any other sense may be derived or expected from the act
by him; and property of another, which is performed (i.e. utility, satisfaction, enjoyment, pleasure, etc.)
3. Any person (b) remove or make  Actual or real gain is not necessary in theft. It is sufficient that in the taking
who shall enter use of the fruits or of another’s personal property, the offender actuated by the desire or intent to
an enclosed object of the damage gain.
estate or a field caused by them  Intent to gain is presumed from the unlawful taking of personal property
where trespass 4. Those who (a) enter belonging to another. Unless the offender believes, in good faith, that the
is forbidden or an enclosed estate or property belongs to him.
which belongs a field where (b)
 There is theft even when the offender did not take the personal property of
to another and trespass is forbidden
another as his own.
without the or which belongs to
consent of its another and without
4. Taking Without Consent from the Owner
owner, shall the consent of its
hunt or fish  The consent contemplated in this element of theft refers to consent freely
owner, (c) hunt or
upon the same given and not one which may only be inferred from mere lack of opposition
fish upon the same
or shall gather on the part of the owner of the property taken.
or shall gather
cereals, or  The owner’s lack of consent cannot be dispensed with and must be alleged in
cereals, or other
other forest or forest or farm
farm products. products
Presumption as to
possession of stolen
property
1. When a person has in
possession a part of a
recently stolen property,
he is presumed to be the
thief of all, in absence of
satisfactory explanation
of his possession. This
rule applies when all the
goods were lost at the
same time, in the same
place and on the same
occasion.
Exceptions:
(a) where the things
disappeared piece by
piece, at different times
and on different
occasions and only a part
of them was found in the
possession of the
accused, in the absence
of proof that he had the
opportunity to take the
rest at other times.
2. The presumption
regarding possession of
stolen property does not
exclusively refer to
actual physical
possession thereof but
may include prior
unexplained possession.
Hence, when the
property, recently stolen,
is not found in the
possession of the
accused, his prior
possession may be
proved by circumstantial
or direct evidence of his
disposal of the property.
Exception: when the
property was stolen a
long time ago
Exception to both
presumption: when all and
recently stolen effects have
been found and recovered,
one in the possession of the
accused and the other left
untouched, the
presumption cannot arise
as it lacks basis because it
charging ordinary theft as shown by the express requirement therein that the
taking should be without consent from the owner. An information that does
not aver this lack of consent is insufficient and may be quashed for failure to
allege an essential element of the deficit.
5. Taking Without Violence/Intimidation or Force Upon Things
 The taking of personal property belonging to another must be accomplished
without violence against or intimidation of person.
 Where violence occurred after the taking of personal property, the crime is
theft. Except when violence resulted in homicide, rape, intentional
mutilation or serious physical injuries [1] & [2], the offense is a special
complex crime of robbery.
 There are two separate crime when another crime was initially committed
(i.e. homicide) and the taking did not necessitate the use of violence. This is
true when violence is committed for a reason entirely foreign to the fact of
taking.
 When force upon things is not employed to enter a building but to take the
personal property of another.
 The only case where the taking of personal property with force upon things
is robbery, even if the culprit did not enter the house or building, is when a
furniture, chest or other locked or sealed receptacle is broken in the house or
building or taken therefrom and broken outside.
[1] Finder of lost property
Requisites:
a) the time and the seizure of the thing
b)that it was a lost property belonging to another
c) that the accused having had the opportunity to return or deliver the lost
property to its owner or to the local authorities, refrained from doing so.
 The term “lost property” embraces loss by stealing or by any act of the
owner himself, of another person or through some casual occurrence
 Delay in the delivery of lost property to the local authorities is immaterial,
when the finder surrendered it voluntarily to the owner when the latter came
to his house to claim it.
 The law does not require knowledge of the owner of the lost thing.
 Intent to gain is inferred from the deliberate failure to deliver the lost
property to the proper person, the finder knowing that the property does not
belong to him.
 Finder of hidden treasure who misappropriated the share pertaining to the
owner of the property is guilty of theft as regards that share.
 Police officer who has received and appropriated the lost property in his
custody shall be guilty of theft not as a finder of fact but as a finder in the
eyes of law having juridical possession of the lost property.
[3] Hunting, fishing or gathering fruits, etc., in enclosed estate
Elements:
a) that there is an enclosed estate or a field where trespass is forbidden or
which belongs to another
b)that the offender enters the same
c) that the offender hunts or fishes upon the same or gathers fruits, cereals or
other forest or farm products in the estate or field
d)that the hunting or fishing or gathering of products is without the consent of
another
 Fishing should not be done in a fishpond within the field or estate;
otherwise the crime committed is qualified theft.
Theft is not a continuing offense
 Theft is not a continuing offense because carrying away is not an essential
 is bot reasonable to believe element that produces the consummated felony.
that the accused to retain  The crime is triable where it was committed.
one in his possession and
live the others.

Penalty Important Points to Remember

PENALTIES FOR THEFT Basis of Penalty:

Art. 309. Any person guilty of theft shall be punished by:
1. The penalty of prisión mayor in its minimum and medium
periods, if the value of the thing stolen is more than one
million two hundred thousand pesos (₱1,200,000) but does
not exceed two million two hundred thousand pesos
(₱2,200,000); but if the value of the thing stolen exceeds the
latter amount, the penalty shall be the maximum period of the
one prescribed in this paragraph, and one (1) year for each
additional one million pesos (₱1,000,000), but the total of the
penalty which may be imposed shall not exceed twenty (20)
years. In such cases, and in connection with the accessory
penalties which may be imposed and for the purpose of the
other provisions of this Code, the penalty shall be termed
prisión mayor or reclusion temporal, as the case may be.
2. The penalty of prisión correccional in its medium and
maximum periods, if the value of the thing stolen is more than
six hundred thousand pesos (₱600,000) but does not exceed
one million two hundred thousand pesos (₱1,200,000).
1. value of the thing stolen
2. value and nature of the property taken
3. circumstances or causes that impelled the culprit to commit
the crime.
Note:
1. Offender shall be liable for the value of the whole property
carried or taken away even if only a part is appropriated,
when the owner is deprived of the property and the trespass
upon his right of possession was complete as to the entire
property.
Exception: When the property was not taken entirely and
only a part of it was stolen.
2. To prove the value of the property taken, the offended
party/prosecution must present an independent and reliable
corroboration of the estimate value; otherwise the court
may impose a penalty favorable to the accused.
3. The court may take judicial notice of the value of the
goods which are matters of public knowledge or are
capable of unquestionable demonstration.

3. The penalty of prisión correccional in its minimum and

medium periods, if the value of the property stolen is more
than twenty thousand pesos (₱20,000) but does not exceed six
hundred thousand pesos (₱600,000).

4. Arresto mayor in its medium period to prisión correccional

in its minimum period, if the value of the property stolen is
over five thousand pesos (₱5,000) but does not exceed twenty
thousand pesos (₱20,000).

5. Arresto mayor to its full extent, if such value is over Five

hundred pesos (₱500) but does not exceed five thousand pesos
(₱5,000).

6. Arresto mayor in its minimum and medium periods, if such

value does not exceed five hundred pesos (₱500).

7. Arresto menor or a fine not exceeding twenty thousand

pesos (₱20,000), if the theft is committed under the
circumstances enumerated in paragraph 3 of the next
preceding article and the value of the thing stolen does not
exceed five hundred pesos (₱500). If such value exceeds said
amount, the provisions of any of the five preceding
subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine of not

exceeding five thousand pesos (₱5,000), when the value of the
thing stolen is not over five hundred pesos (₱500), and the
offender shall have acted under the impulse of hunger,
poverty, or the difficulty of earning a livelihood for the
support of himself or his family.
 Crime Elements Important Points to Remember Penalty

QUALIFIED Qualifying Grave Abuse of Confidence penalties next

THEFT Circumstances 1. In the circumstance of grave abuse of confidence, there higher by two
1. theft committed must be an allegation in the information and proof of degrees than
Art. 310. The by a domestic relation, by reason of dependence, guardianship or those
crime of theft servant vigilance, between the accused and the offended the party, respectively
shall be punished 2. theft committed that has created a high degree of confidence and intimacy specified in the
by the penalties with grave between them, which the accused abused. next preceding
next higher by abuse of 2. The confidence gravely abused must be that existing article
two degrees than confidence between the offended party and the offender.
those respectively 3. property stolen 3. The novation theory [extinguishment of criminal liability by
specified in the is a – acceptance of the offended party of payment which converts
next preceding a) motor liability of the accused into a civil obligation and estopped
article, if vehicle the offended party from proceeding with the prosecution]
committed by a b) mail matter applies only when there is a contractual relationship or
domestic servant, c) large cattle bilateral obligation which can be modified or altered by the
or with grave 4. property stolen parties.
abuse of consists of
confidence, or if coconuts taken Unlawful Taking of Motor Vehicle
the property from the 4. The term motor vehicle includes automobile, jeepney,
stolen is motor premises of the motorcycle and all vehicles propelled by power, other than
vehicle, mail plantation muscular power.
matter or large 5. property stolen 5. The unlawful taking of motor vehicle is now covered by the
cattle or consists is fish from anti-carnapping law and not by the provisions on qualified
of coconuts taken fishpond or theft or robbery.
from the premises fishery 6. When the motor vehicle is leased, not as a public utility, the
of the plantation 6. property is accused who sold the same shall be guilty of estafa.
or fish taken from taken on the
a fishpond or occasion of fire, Unlawful Taking of Mail Matter
fishery, or if earthquake, 7. The crime of theft shall be qualified if the property stolen is
property is taken typhoon, a mail matter, regardless if the offender is a private
on the occasion of volcanic individual or a postal employee
fire, earthquake, eruption, or any
typhoon, volcanic other calamity, Unlawful Taking of Large Cattle
eruption, or any vehicular 8. Large cattle include cows, carabaos, horses, mules, asses or
other calamity, accident or civil other domesticated member of the bovine family.
vehicular accident disturbance 9. To constitute the crime of qualified theft by taking large
or civil 7. timber cattle, the animal must be taken alive. Otherwise, when the
disturbance. smuggling from animal is killed on the spot and only its meat is taken away
and illegal the crime is a simple theft
cutting of logs 10.The term fish include not only fishes but other aquatic
in public forest animals such as crabs, shrimps, clams, mussels etc.
and forest
reserves are Unlawful Taking of Fish
punished as 11.The fish must be taken from a fishpond or fishery which
qualified theft cannot be efficiently watched in view of its location.
under PD No.
330

THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM *if the crime is
committed with
Art. 311. If the property stolen be any property of the National Museum, the penalty shall be arresto grave abuse of
mayor or a fine ranging from forty thousand pesos (₱40,000) to one hundred thousand pesos (₱100,000), confidence, the
or both, unless a higher penalty should be provided under other provisions of this Code, in which case, the penalty for
offender shall be punished by such higher penalty. qualified theft
shall be imposed.
Chapter Four. USURPATION
Crime
OCCUPATION OF REAL
PROPERTY OR
USURPATION OF REAL
RIGHTS IN PROPERTY
Art. 312. Any person who,
by means of violence against
or intimidation of persons,
shall take possession of any
real property or shall usurp
any real rights in property
belonging to another, in
addition to the penalty
incurred for the acts of
violence executed by him,
shall be punished by a fine
from fifty (50) to one
hundred (100) per centum of
the gain which he shall have
obtained, but not less than
fifteen thousand pesos
(₱15,000).
If the value of the gain
cannot be ascertained, a fine
from forty thousand pesos
(₱40,000) to one hundred
thousand pesos (₱100,000)
shall be imposed.
ALTERING
BOUNDARIES OR
LANDMARKS
Art. 313. Any person who
shall alter the boundary
marks or monuments of
towns, provinces, or estates,
or any other marks intended
to designate the boundaries
of the same, shall be
punished by arresto menor or
a fine not exceeding twenty
thousand pesos (₱20,000), or
Elements
1. That the offender takes
possession of any real
property or usurps any
real rights in the property
2. That the real property or
real right belongs to
another
3. That violence against or
intimidation of persons is
used by the offender in
occupying real property or
usurping real rights in the
property
4. That there is intent to gain
Acts Punished
1. by taking possession of
any real property
belonging to another by
means of violence against
or intimidation of persons
2. by usurping nay real rights
in property belonging to
another by means of
violence against or
intimidation of persons
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
Important Points to Remember Penalty
1. A real right is not restricted to real Fine from 50% -
property since it can also be attached to 100% of the
movable property. Real rights include gain but not less
ownership, use, pledge, usufruct, than ₱15,000 –
mortgage, and predial servitude. if the value of
2. The real property or real rights must the gain is
belong to the owner. The provision ascertained
does not apply where the accused is the
owner and the offended party is merely Fine of ₱40,000
a possessor, but grave coercion may be - ₱100,000 –
committed. value of the
3. There is only civil liability if there is no gain cannot be
violence or intimidation in taking ascertained
possession of the real property
4. The provision does not apply when the
violence or intimidation took place
subsequent to the entry into the
property because the violence or
intimidation must be the means used in
occupying real property or usurping
real rights.
5. The provision does not apply to a case
of open defiance of the writ of
execution because the accuse did not
secure possession of the land by means
of violence or intimidation. The refusal
of the accused constitutes a contempt of
court under Rules of Court.
6. Criminal action for usurpation of real
property is not a bar to civil action for
forcible entry. The former must be
proved beyond reasonable doubt while
the latter need only preponderance of
evidence.
7. If another crime is committed on the
occasion of occupation of real property
or usurpation of real right (i.e.
homicide, physical injuries), the
offender shall be liable for the separate
crime.
1. The element of intent to gain is not arresto menor
necessary. Mere alteration of the or a fine not
boundary marks or monuments exceeding
intended to designate the boundaries ₱20,000, or
consummates the felony. both.
 both.

Chapter Five. CULPABLE INSOLVENCY

Crime Elements Important Points to Remember Penalty

FRAUDULENT
INSOLVENCY
Art. 314. Any person who
shall abscond with his
property to the prejudice of
his creditors, shall suffer the
penalty of prision mayor, if
he be a merchant and the
penalty of prision
correccional in its maximum
period to prision mayor in its
medium period, if he be not a
merchant.
1. That the offender is a
debtor
2. That he absconds with his
property
3. That there is prejudice to
his creditors
1. Debtor is one who has
obligations due and payable
2. Even if the debtor disposes his
property, unless it is shown that
such disposal prejudiced his
creditor, conviction will not lie.
Fraudulent concealment of
property is not sufficient if the
creditor has some other property
with which to satisfy his
obligation.
3. The person prejudiced must be
the creditor of the debtor.
prision mayor –
offender is a merchant
prision correccional in
its maximum period to
prision mayor in its
medium period –
offender is not a
merchant
Chapter Six. SWINDLING AND OTHER DECEITS

Crime [Provision] Elements Important Points to Remember

SWINDLING (ESTAFA)
Art. 315. Any person who
shall defraud another by any
of the means mentioned
hereinbelow shall be punished
by:
1st. The penalty of prisión
correccional in its maximum
period to prisión mayor in its
minimum period, if the
amount of the fraud is over
₱2,400,000 but does not
exceed ₱4,400,000, and if
such amount exceeds the latter
sum, the penalty provided in
this paragraph shall be
imposed in its maximum
period, adding one year for
each additional ₱2,000,000;
but the total penalty which
may be imposed shall not
exceed twenty years. In such
cases, and in connection with
the accessory penalties which
may be imposed and for the
purpose of the other
provisions of this Code, the
penalty shall be termed
prisión mayor or reclusion
temporal, as the case may be.
2nd. The penalty of prisión
correccional in its minimum
and medium periods, if the
amount of the fraud is over
one million ₱1,200,000 but
does not exceed ₱2,400,000.
In General
1. That the accused defrauded
another by:
a)abuse of confidence
b)means of deceit
2. That damage or prejudice
capable of pecuniary
estimation is caused to the
offended party or third
person
Three Ways of Committing
Estafa
1. with unfaithfulness and
abuse of confidence
2. estafa by means of deceit –
a) by means of false
pretenses or fraudulent
acts
b)through fraudulent
means
1. The amount of damage or prejudice is the basis of the
penalty for estafa.
2. The gravity of the crime of estafa is determined on the
basis of the amount not returned upon the obligation to
do so before the institution of the criminal action.
3. Payment made subsequent to the commission of the
crime of estafa does not alter the nature of the crime
committed nor does it relieve the accused from penalty
prescribed by law.
4. The partial payment made subsequent to the commission
of estafa does not reduce the amount actually
misappropriated, which is the basis of the penalty.
5. A private person who procures a loan by means of deceit
through a falsified public document of mortgage, but
who effects full settlement of the loan within the period
agreed upon, does not commit the crime of estafa, there
being no disturbance of propriety rights and no person
defrauded thereby. The crime committed is only
falsification of public document.
6. When the owner does not expect the immediate return of
the thing he delivered to the accused, the
misappropriation of the same is estafa.
7. Elements of deceit and abuse of confidence may co-exist
8. The recovery of the subject property does not relieve the
accused of liability for estafa because the complainant
suffered disturbance in his property rights of the subject
property and in possession thereof.
Complex crime of theft and estafa
o In the complex crime of theft and estafa, the form is
necessary means to commit the latter.

3rd. The penalty of arresto

mayor in its maximum period
to prisión correccional in its
minimum period, if such
amount is over ₱40,000 but
does not exceed ₱1,200,000.

4th. By arresto mayor in its

medium and maximum
periods, if such amount does
not exceed forty thousand
pesos ₱40,000
Estafa abuse of confidence
Provision Elements
Provided, that in 1[a] Elements of estafa with
the four cases unfaithfulness
mentioned, the fraud 1. that the offender has an
be committed by any onerous obligation to
of the following deliver something of value
means: 2. that he alters its substance,
quantity or quality
1. With 3. that damage or prejudice is
unfaithfulness or caused to another
abuse of confidence,
namely: 1[b] Elements of estafa
with abuse of confidence
(a) By altering the 1. that money, goods or other
substance, quantity, personal property be
or quality of anything received by the offender in
of value which the trust, or on commission, or
offender shall deliver for administration, or
by virtue of an under any other obligation
obligation to do so, involving the duty to make
even though such delivery of, or to return,
obligation be based the same
on an immoral or 2. that there be
illegal consideration. misappropriation or
conversion of such money
(b) By or property by the
misappropriating or offender, or denial on his
converting, to the part of such receipt
prejudice of another, 3. that such misappropriation
money, goods, or any or conversion or denial is
other personal to the prejudice of another
property received by 4. that there is a demand
the offender in trust made by the offended
or on commission, or party to the offender (not
for administration, or necessary when there is
under any other evidence of
obligation involving misappropriation of the
the duty to make goods by the offender)
delivery of or to
return the same, even 1[c] Elements of estafa by
though such taking undue advantage of
obligation be totally the signature of the
or partially offended party in blank
guaranteed by a 1. that the paper with the
bond; or by denying signature of the offended
having received such party be in blank
money, goods, or 2. that the offended party
other property. should have delivered it to
the offender
(c) By taking undue 3. that above the signature of
advantage of the the offended party a
signature of the document is written by the
offended party in offender without authority
blank, and by writing to do so.
any document above 4. That the document so
such signature in written creates liability of,
blank, to the or causes damage to, the
Important Points to Remember
Estafa with unfaithfulness
1. there must be an existing obligation to deliver something of value, and the
offender, on making the delivery, has altered the substance, quantity or quality
of the thing he delivered.
2. The delivery of anything of value must be by virtue of an onerous obligation to
do so.
3. When there is no agreement as to the quality of the thing to be delivered, the
delivery of the thing not acceptable to the complainant is not estafa.
Estafa with abuse of confidence
 Misappropriation (apropriar) – to own, to take something for one’s own
benefit or to dispose the property of another without the right.
 Conversion (distraer) – the act of using or disposing as if it were one’s own
presupposing that the thing to be returned has been devoted or used to a purpose
different from that agreed upon.
 Denial – where offender received the thing and later denies ever receiving the
same
1. Deceit is not an essential requisite of estafa with abuse confidence since the
offender receives the thing under a lawful transaction.
2. Fraudulent intent is not necessary because the breach of confidence involved in
the misappropriation or conversion of trust funds takes place of fraudulent intent
and is in itself sufficient.
3. Money, goods or other personal property must be received by the offender under
certain kinds of transaction transferring both material and juridical possession to
him. Juridical possession is that which gives the transferee a right over the thing
which he may set up even against the owner
4. An agent, unlike a servant or messenger, has both the material and juridical
possession of the goods received in agency, or the proceeds thereof, which takes
the place of the goods after their sale by the agent.
5. The obligation to return or deliver the thing must be contractual without
transferring to the accused the ownership of the thing received (i.e. loan
contract).
6. When the ownership of the thing is transferred to the person who has received it,
his failure to return it will give rise to civil liability only. The accused did not
receive the thing under the obligation involving the duty to make delivery of, or
to return, the same money or thing.
7. The law makes no distinction between permanent and temporary and permanent
misappropriation.
8. In estafa with abuse of confidence, the offender receives the thing from the
offended party under lawful transaction and demand is required from the latter
to constitute estafa.
9. A person receiving money from another and failing to return it does not commit
the crime of estafa unless it is clearly demonstrated that he received it for
safekeeping, or on commission, or for administration or under any
circumstances giving rise to the obligation to make delivery of or return the
same.
10. In estafa with abuse of confidence, it is not necessary that the offender should
obtain gain, it is sufficient when the misappropriation, conversion or denial by
the offender has resulted in the prejudice of the offended party. The party
prejudiced does not necessarily mean the owner, it may be a third party.
11. Demand is not required by law; but it is necessary because failure to account,
upon demand, is circumstantial evidence of misappropriation.
12. Presumption of misappropriation arises only when the explanation of the
accused is devoid of merit.
13. The demand to fulfill the trust or return the thing received must be made
formally and before the action is filed; except when the offender is in hiding,
 prejudice of the offended party or any third prior demand is not necessary because it is a clear indication of a premeditated
offended party or any party intention to abscond with the thing he received from the offended party.
third person. 14. Criminal liability for estafa is not affected by novation of contract; except
when the novation took place before the criminal liability is incurred.

Estafa by means of deceit

Provision Elements Important Points to Remember

2. By means of any of Elements of estafa by 1. In estafa by means of false pretense, the deceit consists in the use of
the following false means of deceit deceitful words. In estafa by means of fraudulent acts, deceit consists in
pretenses or 1. that there must be a false deceitful acts; characterized by or founded on deceit, trick or cheating.
fraudulent acts pretense, fraudulent act or 2. There is no deceit if the complainant was aware of the fictitious nature
executed prior to or fraudulent means of the pretense.
simultaneously with the 2. that such a false pretense, 3. Fraud in estafa by means of deceit must be proved with clear and
commission of the fraudulent act or positive evidence. There must be evidence that the pretense of the
fraud: fraudulent means must be accused is false. In the absence of proof that his representation is false,
made or executed prior to criminal intent to deceive cannot be inferred.
(a) By using [1] or simultaneously with the 4. The false pretense or fraudulent act must be committed prior to or
fictitious name, or [2] commission of the fraud simultaneous with the commission of the fraud, it being essential that
falsely pretending to such false statement or representation constitutes the very cause or the
3. that the offended party
possess (mythical) only motive which induces the offended party to part with his money or
must have relied on the
power, influence, property.
qualifications, property, false pretense, fraudulent
act or fraudulent means, 5. The offended party must be deprived of his property by any of the false
credit, agency, business pretenses and the offender obtain from the former something because of
or imaginary that is, he was induced to
the false pretense, without which the offended party would not have
transactions, or [3] by part with his money or
parted with it.
means of other similar property because of the 6. There is use of fictitious name when offender uses a name other than
deceits. false pretense, fraudulent his real name.
act or fraudulent means 7. Estafa by pretending to have given bribe is committed when the
(b) By altering the 4. that as a result thereof, the offender ask money from another for the alleged purpose of bribing a
quality, fineness or offended party suffered government employee, when in truth and in fact the offender intended
weight of anything damage. to convert the money to his own personal use and benefit. But if he
pertaining to his art or
really gives the money for bribe, the crime committed is corruption of
business.
public officer.
(c) By pretending to
have bribed any Elements of estafa by Estafa by postdating check or issuing a check in payment of an
Government employee, postdating check or issuing obligation
without prejudice to the a check in payment of an 1. The check issued must be genuine and not falsified; otherwise the crime
action for calumny obligation committed is estafa by means of false pretense.
which the offended 1. that the offender 2. The check must be postdated or issued in payment of an obligation
party may deem proper postadated a check, or contracted at the time of the issuance and delivery of the check; not in
to bring against the issued a check payment of payment of a pre-existing obligation. This is because deceit, to
offender. In this case, an obligation constitute estafa, should be the efficient cause of defraudation as such
the offender shall be 2. that such postdating or should be either prior to or simultaneous with the act of fraud.
punished by the issuing a check was done 3. When the check is issued in substitution of a promissory, it is a
maximum period of the when the offender had no payment of a pre-existing obligation
penalty. funds in the bank, or his 4. When postdated checks are issued and intended by the parties only as
funds deposited therein promissory notes, or mere security, there is no estafa even if there are
(d) By postdating a were not sufficient to no sufficient funds in the bank to cover the same. The check issued is
check, or issuing a cover the amount of the not in payment of an obligation.
check in payment of an check 5. When the check is issued by the guarantor, there is no estafa because
obligation when the
the check was not issued in payment of an obligation but merely as
offender had no funds
security.
in the bank, or his funds
6. R.A. No. 4885 eliminated the phrase “the offender knowing that at the
deposited therein were
same time he had no funds in the bank,” hence, the mere fact that the
not sufficient to cover
drawer had insufficient or no funds in the bank to cover the check at the
the amount of the
time he issued the check is sufficient to make him liable for estafa. It is
check. The failure of
not necessary that the drawer should know at the time he issued the
the drawer of the check
check that the funds deposited by him were not sufficient to cover the
to deposit the amount
amount of the check.
necessary to cover his
7. The failure of the drawer of the check to deposit the amount necessary
check within three (3)
to cover his check within three days from receipt of notice from the
days from receipt of
bank and/or payee or holder of that said check has been dishonored for
notice from the bank
lack or insufficiency of funds shall be prima facie evidence of deceit
and/or the payee or
constituting false pretense or fraudulent act.
holder that said check
8. One who got hold of a check issued by another, knowing that the
has been dishonored for
drawer had no sufficient funds in the bank, and used the same in the
lack or insufficiency of
purchase of goods, is guilty of estafa. Though he did not issue nor
 funds shall be prime indorse the postdated checks, he is still liable because of his guilty
facie evidence of deceit knowledge that his co-accused had no funds in the bank when he
constituting false negotiated it.
pretense or fraudulent 9. The payee or person receiving the check must be defrauded (damaged
act. or prejudiced.

Estafa thru fraudulent means

Provision Elements Important Points to Remember

3. Through any of the
following fraudulent
means:
(a) By inducing another, by
means of deceit, to sign any
document.
(b) By resorting to some
fraudulent practice to insure
success in a gambling game.
(c) By removing, concealing
or destroying, in whole or in
part, any court record, office
files, document or any other
papers.
Elements of estafa by
inducing another to sign
any document
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
4. That prejudiced be caused.
Elements of estafa by
removing, concealing or
destroying, in whole or in
part, any court record,
office files, document or
any other papers
1. That there be court record,
office files or any other
papers
2. That the offender
removed, concealed or
destroyed any of them
3. That the offender had
intent to defraud another
Estafa by inducing another to sign any document
1. The offender must induce the offended party to sign the
document. But where the offended party is willing and
ready from the beginning to sign the document and there
is deceit as to the character or contents of the document,
because the contents are different from those which the
offended party told the accused to state in the document,
the crime is falsification.
2. Deceit must be employed. There can be no conviction of
estafa in the absence of proof that the accused made
statements tending to mislead that complainant as to the
character of the document executed by him.
Estafa by removing, concealing or destroying, in whole or
in part, any court record, office files, document or any
other papers
1. In the absence of intent to defraud, the act of destroying
court records will be malicious mischief for the purpose
of affording immunity to the persons accused therein.
2. Where the maker of a promissory note to cover losses
incurred at monte in a gambling house, obtains possession
of his note and conceals or destroys it, he is prima facie
guilty of estafa.
 Crime Elements
OTHER FORMS Par. [1] – By convey, sell,
OF SWINDLING encumber or mortgage
any real property,
Art. 316. The
penalty of arresto pretending to be the owner 2.The buildings (not superimposed on the soil) are real
mayor in its of the same
minimum and 1. That the thing be
medium period and immovable (land/building)
a fine of not less 2. That the offender who is
than the value of the not the owner of said
damage caused and
property should represent
not more than three
times such value, that he is the owner
shall be imposed thereof
upon: 3. That the offender should
have executed an act of
ownership
1. Any person who, 4. That the act be made to
pretending to be
the prejudice of the owner
owner of any real
property, shall or a third person
convey, sell,
encumber or Par. [2] – By disposing of a
mortgage the same. real property as free from
encumbrance, although
such is encumbered
2. Any person, who,
1. That the thing disposed be
knowing that real
property is real property
encumbered, shall 2. That the offender knew
dispose of the same, that the real property was
although such encumbered
encumbrance be not 3. That there must be express
recorded. representation by the
offender that the real
3. The owner of any property is free from
personal property encumbrance
who shall 4. That the act of disposing
wrongfully take it of the real property be
from its lawful made to the damage of
possessor, to the
another
prejudice of the
latter or any third
person. Par. [3] – By wrongfully
taking by the owner his
personal property from its 9.If no damage should result from the sale, no crime
lawful possessor
1. That the offender is the
owner of personal
property
2. That said personal
property is in the lawful
possession of another
3. That the offender
wrongfully takes it from
its lawful possessor
Important Points to Remember Penalty
Par. [1] arresto
1. That the thing disposed of must be real property; not a mayor in its
chattel, otherwise, the crime committed is swindling minimum
under Art. 315. and medium
period and a
property, regardless of who erected the same fine of not
3.There must be an existing real property; otherwise, the less than the
crime committed is estafa under Art. 315[2a] value of the
4.Deceit consisting in the false pretense as to the damage
ownership of the real property must be employed by caused and
the offender. The provision penalizes only a person not more
who pretends to be the owner and not one who claims than three
to be the owner (one who have rights to possession times such
over the real property) value
5.The penalty of fine prescribed is based on the value of
the damage caused, hence, mere intent to cause
damage is not sufficient. There must be actual damage
caused by the act of the offender.
6.In the provision, the offender exercises, as part of the
false representation, some act of dominion/ownership
over the property to the damage and prejudice of the
real owner or a third person.
Par. [2]
1.The act constituting the offense is disposing of the real
property falsely representing that it is free from
encumbrance
2.Encumbrance includes every right or interest in the
land which exists in favor of third person(s) (i.e.
mortgage & lease)
3.The thing disposed of must be a real property; if it is a
personal property, the crime is under Art. 319.
4.The encumbrance must be legally constituted
5.The offender must know that the real property is
encumbered
6.It is necessary that there was fraud or deceit in the
second disposition, that is, the vendor must have made
express representations to the second buyer that the
property was free from encumbrance.
7.The offended party must have been deceived, that is,
he would not have bought the property had he known
it was already encumbered.
8.The provision penalizes the fraud and deceit
committed by the vendor in representing that the
property is not encumbered
would be committed by the vendor, as the element of
damage is lacking.
Par. [3]
1. The taking is wrongful when it is without the consent
of the possessor or when deceit is employed by the
owner of the personal property in inducing the
possessor to give it to him
2. When the taking is committed by means of violence
or intimidation without intent to gain, the crime is
grave coercion
 4. That prejudice is thereby 3. When the taking is committed by means of violence
caused to the possessor or or intimidation with intent to gain, the crime is
third person robbery
4. The commission of the crime must result to the
prejudice of the lawful possessor or any third person.

4. Any person who, Par. [6] – By selling,

to the prejudice of mortgaging, or Par. [4] – By executing any fictitious contract to the
another, shall encumbering the real prejudice of another
execute any property/properties with Ex: when a person who simulates a conveyance of his
fictitious contract. which the offender property to another, for the purpose of defrauding his
guaranteed the fulfillment creditors
5. Any person who of his obligation as surety
shall accept any 1. That the offender is a Par. [5] – By accepting any compensation for services
compensation given surety to a bond given in a not rendered or for labor not performed
him under the belief criminal or civil action 1.The crime of estafa under the provision requires fraud
that it was in 2. That he guaranteed the as an important element. Absent the element of fraud,
payment of services fulfillment of such it becomes payment not owing known as solution
rendered or labor obligation with his real indebiti with civil obligation to return the wrong
performed by him, property/properties payment
when in fact he did 3. That he sells, mortgages, 2.What constitutes the crime is the malicious failure to
not actually perform or encumbers the real return the compensation wrongfully received.
such services or property/ properties
labor. 4. That such sale, mortgage
or encumbrance is: SYNDICATED ESTAFA [P.D. NO. 1689]
6. Any person who, (a) without express o Any person(s) who shall commit estafa or other forms
while being a surety authority from the court of swindling under Art. 315 & 316 of RPC via a
in a bond given in a (b) made before the syndicate consisting of five or more persons formed
criminal or civil cancellation of his bond with the intention of carrying out unlawful or illegal
action, without (c) made before being act, transaction, enterprise or scheme, and the
express authority relieved from the defraudation results in the misappropriation of moneys
from the court or obligation contracted by contributed by stockholders or members of rural
before the him banks, cooperative, samamhanang nayon(s), or
cancellation of his farmer’s associations, or funds solicited by
bond or before cooperation/associations from the general public.
being relieved from
the obligation Elements:
contracted by him, 1.That estafa or other forms of swindling under Art. 315
shall sell, mortgage, & 316 of RPC is committed
or, in any other 2. That estafa or other forms of swindling is committed
manner, encumber by a syndicate consisting of five or more persons
the real property or 3. That defraudation results in the misappropriation of
properties with moneys contributed by stockholders or members of
which he guaranteed rural banks, cooperative, samamhanang nayon(s), or
the fulfillment of farmer’s associations, or funds solicited by
such obligation. cooperation/associations from the general public

Coverage:
1.Covers commercial banks
2.Swindling must be committed through the association
which operate on funds solicited from the general
public
3.Does not apply regardless of number if:
a. The entity soliciting funds from general public is
the victim and not the means through which estafa
is committed
b. The offenders are not owners or employees who
used the association to perpetrate the crime, in
which case, Art. 315 [2a] applies.

Crime
SWINDLING A MINOR
Art. 317. Any person who
taking advantage of the
inexperience or emotions or
feelings of a minor, to his
detriment, shall induce him to
assume any obligation or to
give any release or execute a
transfer of any property right
in consideration of some loan
of money, credit or other
personal property, whether
the loan clearly appears in the
document or is shown in any
other form, shall suffer the
penalty of arresto mayor and
a fine of a sum ranging from
10 to 50 per cent of the value
of the obligation contracted
by the minor.
OTHER DECEITS
Art. 318. The penalty of
arresto mayor and a fine of
not less than the amount of
the damage caused and not
more than twice such amount
shall be imposed upon any
person who shall defraud or
damage another by any other
deceit not mentioned in the
preceding articles of this
Chapter.
Any person who, for
profit or gain, shall interpret
dreams, make forecasts, tell
fortunes, or take advantage of
the credulity of the public in
any other similar manner,
shall suffer the penalty of
arresto mayor or a fine not
exceeding forty thousand
pesos (₱40,000)."
Elements
1. That the offender takes 1. Actual proof of deceit or
advantage of the
inexperience or emotions or
feelings of a minor
2. That he induces such
minor:
a. to assume an obligation 2. Real property is not
b. to give release
c. to execute a transfer of
any property right
3. That the consideration is
a. some loan of money
b. credit
c. other personal property
4. That the transaction is to
the detriment of such
minor
Other deceits are:
1. By defrauding or
damaging another by any
other deceit not mentioned
in the preceding article
2. By interpreting dreams,
making forecasts, telling
fortunes, or taking
advantage of the credulity
of the public in any other
similar manner
Important Points to
Penalty
Remember
arresto mayor and a fine of a
misrepresentation is not sum ranging from 10 to 50
essential, as it is sufficient per cent of the value of the
that the offender takes obligation contracted by the
advantage of the minor
inexperience or emotions
of the minor
included because it cannot
be made to disappear,
since a minor cannot
convey real property
without judicial authority
1. Any other kind of 1. arresto mayor and a fine of
conceivable deceit may not less than the amount of
fall under this article. As the damage caused and not
in other cases of estafa, more than twice such amount
damage to the offended – other deceit not mentioned
party is required in the preceding articles
2. The deceits under this 2. arresto mayor or a fine not
article include false exceeding ₱40,000
pretense and fraudulent
acts
Chapter Seven. CHATTEL MORTGAGE
Crime
REMOVAL, SALE OR
PLEDGE OF
MORTGAGED
PROPERTY
Art. 319. The penalty or
arresto mayor or a fine
amounting to twice the value
of the property shall be
imposed upon:
1. Any person who shall
knowingly remove any
personal property mortgaged
under the Chattel Mortgage
Law to any province or city
other than the one in which it
was located at the time of the
execution of the mortgage,
without the written consent
of the mortgagee, or his
executors, administrators or
assigns.
2. Any mortgagor who shall
sell or pledge personal
property already pledged, or
any part thereof, under the
terms of the Chattel
Mortgage Law, without the
consent of the mortgagee
written on the back of the
mortgage and noted on the
record hereof in the office of
the Register of Deeds of the
province where such property
is located.
Elements
Elements of knowingly
removing mortgaged
personal property
1. That personal property is
mortgaged under the
Chattel Mortgage Law
2. That the offender knows
that such property is
mortgaged
3. 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 mortgaged
4. That the removal is
permanent
5. 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
1. That personal property is
already pledged under
the Chattel Mortgage
Law
2. That the offender, who is
the mortgagor of such
property, sells or pledges
the same or any part
thereof
3. 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
Important Points to Remember Penalty
1. The offender is any person who arresto mayor or a
shall knowingly remove the fine amounting to
mortgage personal property to twice the value of
another province or city without the the property
written consent of the mortgagee.
2. It is essential that there be a valid
and subsisting chattel mortgage. If
the chattel mortgage does not
contain an affidavit of good faith an
is not registered, it is void and
cannot be the basis of a criminal
action
3. There is no felonious intent when
transfer of personal property is due
to change of residence
4. The removal of the mortgaged
personal property must be coupled
with intent to defraud
5. If the mortgagee elected to file a suit
for collection, not foreclosure,
thereby abandoning the mortgage as
basis of relief, the removal of the
property to the province other than
that where it was originally located
at the time of the mortgage is not a
violation.
6. House may be the subject of chattel
mortgae by agreement of the parties
7. Chattel mortgage may give rise to
estafa by means of deceit.
8. Damage to mortgage is not essential
The consent of the mortgagee must
be:
1. In writing
2. On the back of the mortgage
3. Noted on the record thereof in the
Office of the Register of Deeds.
Chapter Eight. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Crime Important Points to Remember Penalty

DESTRUCTIVE ARSON o Arson is the malicious destruction of a reclusion

property by means of fire. temporal in its
Art. 320. The penalty of reclusion perpetua to death shall be maximum period
imposed upon any person who shall burn: TWO KINDS OF ARSON: to reclusion
1. DESTRUCTIVE ARSON – punished perpetua
1. One (1) or more buildings or edifices, consequent to one under Art. 320 of the RPC
single act of burning, or as a result of simultaneous 2. SIMPLE ARSON – punished under PD
burnings, committed on several or different occasions. 1613, particularly Section 3.
2. Any building of public or private ownership, devoted to
the public in general or where people usually gather or Destructive Arson
congregate for a definite purpose such as, but not limited o Destructive arson contemplates the
to, official governmental function or business, private malicious burning of private and public
transaction, commerce, trade, workshop, meetings and structures, hotels, buildings, edifices,
conferences, or merely incidental to a definite purpose trains, vessels, aircraft, factories and
such as but not limited to hotels, motels, transient other military, government or
dwellings, public conveyances or stops or terminals, commercial establishments by any
regardless of whether the offender had knowledge that person or group of persons.
there are persons in said building or edifice at the time it o Destructive Arson is penalized under
is set on fire and regardless also of whether the building Art. 320 of the RPC, as amended by
is actually inhabited or not. RA 7659.
3. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of
public utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.

Irrespective of the application of the above enumerated

qualifying circumstances, the penalty of reclusion perpetua
to death shall likewise be imposed when the arson is
perpetrated or committed by two (2) or more persons or
by a group of persons, regardless of whether their purpose
is merely to burn or destroy the building or the burning
merely constitutes an overt act in the commission or another
violation of law.

The penalty of reclusion perpetua to death shall also be

imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or

fireworks factory, ordnance, storehouse, archives or
general museum of the Government.

2. In an inhabited place, any storehouse or factory of

inflammable or explosive materials.

3. If as a consequence of the commission of any of the acts

penalized under this Article, death results, the mandatory
penalty of death shall be imposed.
 Crime
SIMPLE ARSON & OTHER CASES OF
ARSON
Presidential Decree No. 1613. ANTI-ARSON
LAW
Section 3. The penalty of reclusion temporal to
reclusion perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
5. Any rice mill, sugar mill, cane mill or mill
central; and
6. Any railway or bus station, airport, wharf or
warehouse.
WHERE DEATH RESULTS FROM
ARSON
Section 5. If by reason of or on the occasion of
the arson death results, the penalty of reclusion
perpetua to death shall be imposed.
Important Points to Remember Penalty
Simple Arson reclusion
o burning of property with lesser degree of perversity temporal to
and viciousness which the law punishes with a lesser reclusion
penalty. perpetua
o In the case of People vs. Malngan, the Supreme
Court held that there was no complex crime of arson
with homicide. The main objective of the malefactor
was the basis of the penalty. If his intent was merely
to destroy a property thru fire, the crime is simple
arson and the death of the offended party will only
qualify the crime.
 If the intention is to kill the offended party, and
the means employed is through burning the
house, the crime committed is MURDER.
o In the case of People vs. Soria, the Supreme Court
held that the crime committed was Arson with
Homicide because the crime of Arson has resulted to
the death of the offended party.
o Under Section 5 of PD 1613, if by reason or on the reclusion
occasion of simple arson, death results, the penalty is perpetua to death
reclusion perpetua to death.
o Therefore, whatever may be the crime may be, if by
reason of said arson, death results, it will aggravate
the crime of arson and the homicide will be absorbed
in the arson.
o When the offender committed Arson to conceal
another crime (i.e. murder or homicide), he
committed to separate crimes: Arson and that other
crime (i.e. murder or homicide)
o There is no such crime as frustrated arson because
arson is committed by destroying the property of
another by means of fire. The moment any part of
the said structure or building is burned, arson is
already consummated. If no part of the said
structure or building is burnt, it is only attempted
arson.
o A frustrated felony is committed when the
offender has performed all the acts of execution
that would produce the felony but nevertheless
the felony was not produced by reason of the
causes independent of the will of the
perpetrator. The offender has performed all the
acts of execution in the crime of arson, for the
offender to be said that he had performed all
the acts of execution, it is necessary that the
building or the property has already been
burned, otherwise, it cannot be said that he has
performed all the acts of execution.