Criminal Law Book II (CLAW 4)

Prepared by: Atty. Shally Mae P. Villa, RPm

TITLE TEN: CRIMES AGAINST PROPERTY

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS (Article

294)

Robbery: taking of personal property belonging to another, with intent to gain, by

means of violence against, or intimidation of any person, or using force upon any thing

Classifications of robbery

1. robbery with violence against, or intimidation of persons

2. robbery by use of force upon things

Elements of robbery in general

1. there is personal property belonging to another

2. there is unlawful taking of that property

3. the taking must be with intent to gain

4. there is violence against or intimidation of any person or force upon things

Notes on robbery

1. The object of robbery is a movable property (i.e., a personal property). Real

property or immovable property cannot be the object of robbery.

2. Unlawful taking is an essential element of robbery. The taking must be against

the will of the owner or lawful possessor of a personal property. Unlawful taking
is complete in robbery with violence against or intimidation of persons if the
offender has already the possession of the thing even if he has no opportunity
to dispose of it. Unlawful taking is complete in robbery with force upon things
once the thing is brought outside the building.

3. As long as the personal property does not belong to the accused who has a
valid claim thereover, it is immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the property.

4. As an element of robbery, taking must have the character of permanency. If the

dispossession of a personal property is only temporary and there is no intention
on the part of the offender to deprive the owner or lawful possessor of a thing
permanently of his possession, robbery is not committed.

5. Intent to gain is presumed from the taking of a personal property belonging to

another. Mere intent to gain is enough. Actual gain is not an element.

6. There are only two stages of execution in robbery and theft: attempted and
consummated. Robbery is consummated upon possession of the property. The

Page 1 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

moment the accused comes in possession of the property even if it were or less
momentarily, taking is complete.

Robbery with homicide

The crime is robbery with homicide when by reason or on the occasion of robbery, the
crime of homicide is committed; provided, however, that the robbery is consummated.
This is a special complex crime or single indivisible offense or a composite crime.

The term “homicide” is used in its generic sense to include double or multiple homicide
or murder. As long as there is only one robbery regardless of the number of persons
killed, the crime is still called robbery with homicide.

The term “homicide” is used in its generic sense to include any and all kinds of killing.
Thus, any kind of killing by reason or on the occasion of robbery will bring about the
special complex crime of robbery with homicide.

The term “homicide” is used in its generic sense and includes any kind of killing,
whether parricide or murder or where several persons are killed.

Homicide may precede robbery or may occur after robbery. What is essential is that
the offender must have intent to take personal property before the killing.

Robbery with homicide exists even if the death of the victim supervened by mere
accident. It is sufficient that homicide resulted by reason or on the occasion of the
robbery.

There is robbery with homicide when the victim of the robbery is killed. There is robbery
with homicide even if another person who is not the victim is killed.

There is robbery with homicide even if an innocent bystander and not the person
robbed is killed.

There is robbery with homicide if a responding police officer is killed.

Robbery with homicide (even if there is arson or rape)

When in the course of the robbery, someone is killed but rape and arson are also
committed, the crime is still robbery with homicide. The rape and arson can be
appreciated as aggravating circumstance.

Robbery with rape

When the main purpose is to commit robbery and rape is also committed, the crime
committed is robbery with rape.

In robbery with rape, the offender must have the intent to take the personal property
belonging to another with intent to gain, and such intent must precede the rape.

Page 2 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

When the main purpose is to commit robbery and rape is also committed before or
after the robbery, the crime committed is robbery with rape.

When the purpose is to commit rape but robbery is also committed, there are two
separate crimes of rape and robbery or theft, as the case may be.

Robbery with arson

When by reason or on the occasion of robbery, arson is committed, the crime

committed is robbery with arson.

In case of robbery with arson, it is essential that the robbery precedes the arson.

There must be intent to commit robbery, and no killing, rape, or intentional mutilation
should be committed in the course of robbery; otherwise, arson will only be considered
an aggravating circumstance of the crime actually committed.

Robbery with intentional mutilation

When by reason or on the occasion of robbery, intentional mutilation is committed, the

crime is robbery with intentional mutilation.

Robbery with serious physical injuries

When by reason or on the occasion of robbery, serious physical injuries is committed,

the crime committed is robbery with serious physical injuries.

If only slight physical injury is inflicted on the occasion of robbery, two crimes are
committed, robbery and slight physical injuries.

Illustrations

1. John, Mike, and Nicol robbed one branch of Landbank of the Philippines. At the
point of gun, John ordered the bank teller to put the money inside the duffel
bag. The teller did as told and handed the duffel bag to containing the money
to John. After John got the bag, he put it on top of one of the tables inside the
premises of the bank. Moments later, the police officers came and arrested
John, Mike, and Nicol.

John, Mike, and Nicol committed robbery in its consummated stage. They were
able to obtain physical possession of the money. Under the law, taking is
complete the moment the robbers have taken possession of the property even
if it were or less momentarily. It is not necessary that the culprits will derive
actual benefit from the property taken. That is not an element of the crime of
robbery.

2. Aldrin, Benjie, and Chris committed robbery at the house of Dalia. When the
robbers were about to leave, Aldrin fired his gun to scare the members of the
house. Unknown to him, the bullet hit Ethan who hid in the ceiling.

Page 3 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Aldrin, Benjie, and Chris are liable for robbery with homicide. The death of
Ethan was by reason or on the occasion of robbery.

3. Franco, George, and Hector committed robbery in the house of Ian. In the
course of robbery, Franco shot Jimmy, an occupant of the house, at his back
inflicting three gunshot wounds resulting to the death of Jimmy.

Franco, George, and Hector are liable for robbery with homicide. Although the
killing of Jimmy was attended by the qualifying aggravating circumstance of
treachery, the crime committed is robbery with homicide. The term homicide is
used in its generic sense.

4. Karlo, Lance, and Matthew committed robbery in the house of Noel. In the
course of the robbery, Karlo killed five occupants of the house.

Karlo, Lance, and Matthew ware liable for robbery with homicide. There is no
such thing as robbery with multiple homicide. The term homicide is used in its
generic sense to include multiple homicide.

5. Olan, Patrick, and Que decided to rob the house of Ryan. In the course of
robbery, Olan accidentally dropped his gun on the floor, as a result of which,
the gun exploded.

Olan, Patrick, and Que are liable for robbery with homicide. There is no such
crime as robbery with homicide resulting from reckless imprudence. The crime
is still robbery with homicide even if the killing may have resulted from
negligence or imprudence.

6. Stephen, Theo, and Ulysses committed robbery in the house of Vince. In the
course of the robbery, Stephen sat on a 2-day-old baby of the house helper
who died as a result.

Stephen, Theo, and Ulysses are liable for robbery with homicide. The crime
committed is not robbery with infanticide because there is no such crime. The
word homicide is used in its generic sense to include any kind of death.

7. Wilson, Xavier, and Zach committed robbery in the house of Angelica. They
were chased by the responding police officers. In the course of the pursuit, a
fight ensued. As a result, Wilson shot and killed a one of the police officers.

Wilson, Xavier, and Zach are liable for robbery with homicide. The death of the
policeman was by reason of or on the occasion of robbery.

8. Bernard, Carlos, and Deo committed robbery in the house of Eloise. After the
robbery, the three went to their hideout. In the course of the division of the loot,
Bernard wants to have the lion’s share. Carlos disagreed with Bernard and they
had a heated argument. In the course thereof, Bernard shot Carlos to death.

Bernard is liable for robbery with homicide. The killing was still by reason of the
robbery committed. This is true even I the one killed is one of the robbers.

Page 4 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

9. Ferdinand, Gabriel, and Hero committed robbery in the house of Ignacio.

Jacinto, the father of Ignacio, put up a fight. He tried to wrestle the gun from the
possession of Ferdinand. The gun fired and a person who was passing by was
hit and killed.

Ferdinand, Gabriel, and Hero are liable for robbery with homicide. The death of
the passerby was by reason of or on occasion of robbery.

10. Xavier killed Yuel in the course of a fight. After killing Yuel, Xavier noticed the
new cellphone protruding from the pocket of Yuel. Xavier took the cellphone.

Xavier is liable for two separate crimes of homicide for killing Yuel and theft for
the taking of the cellphone. The crime committed by Xavier is not robbery with
homicide because his main intent was to kill. The crime cannot be robbery
because Yuel is already dead.

If the main purpose is to kill and robbery is committed after the killing, there will
be separate crimes. If the main intention of the offender is to kill but after the
killing of the victim, robbery or theft is committed, the offender is liable for two
separate crimes.

11. Alexa entered the house of Bia through the open window. While he was
ransacking the drawers of the room of Bia, Alex was attracted to the beauty of
Bia. Alex raped Bia and left with expensive jewelries and belongings of Bia.

Alex is liable for robbery with rape. His main purpose was to rob and he also
committed rape in the process.

12. Alison and Brix agreed and decided to commit robbery in the house of Cassie.
Alison proceeded in taking the valuables in the house of Cassie. Meanwhile,
Brix went to the room of Cassie and started to ravish her. Cassie resisted the
sexual attack. The attention of Alison was caught by the commotion emanating
from the room of Cassie. Alison went to the room of Cassie and peeped through
the window. Alison saw Brix raping Cassie. Alison delighted in watching the act
and did nothing to prevent Brix from what he was doing.

Both Alison and Brix are liable for robbery with rape. It is true that the conspiracy
was only for the commission of robbery but Alison came to know the
commission of rape by Brix and did nothing to prevent it.

13. Edgar went to the house of Felicia with the primordial intent of raping her. After
satisfying his lust, Edgar took the underwear of Felicia as his remembrance
against the will of Felicia.

Edgar is liable for two separate crimes of rape and theft.

14. Edgar went to the house of Felicia with the primordial intent of raping her. After
satisfying his lust, Edgar took the underwear of Felicia as his remembrance
against the will of Felicia by threatening to stab her with a knife.

Page 5 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Edgar is liable for two separate crimes of rape and robbery with intimidation.
This time the crime is robbery because Edgar employed intimidation in taking
the underwear of Felicia.

There are no crimes of:

1. robbery with attempted/frustrated homicide

Note: When robbery is consummated but homicide is attempted or frustrated,

there are two separate crimes. If the robbery is consummated but the homicide
is attempted or frustrated, there will be two separatee crimes. There is no such
crime as robbery with attempted homicide or robbery with frustrated homicide,

2. robbery with homicide and frustrated homicide

3. robbery with homicide and serious physical injuries

4. robbery with murder

5. robbery with double homicide/murder

6. robbery with multiple homicide/murder

QUALIFIED ROBBERY (Article 295)

When is robbery with violence or intimidation of persons qualified

1. if the robbery is committed in an inhabited place

2. if the robbery is committed by a band

3. if the robbery is committed by attacking a moving train, street car, motor vehicle,
or airship

4. if the robbery is committed by entering the passengers compartments in a train,

or in any manner taking the passengers by surprise in their respective
conveyances

5. if the robbery is committed on a street, road, highway, or alley, and the

intimidation is made with the use of firearms

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (Article 304)

Elements of possession of picklocks or similar tools

1. the offender has in his possession picklocks or similar tools

2. such picklocks or similar tools are especially adopted to the commission of

robbery

Page 6 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

3. the offender does not have lawful cause for such possession

Notes on illegal possession of picklocks

1. When a person has in possession picklocks or similar tools without a lawful

reason, he commits the crime of illegal possession of picklocks.

2. Actual use of picklocks or similar tools is not necessary in illegal possession

thereof.

THEFT (Article 308)

Theft: committed by any person who, with intent to gain but without violence or
intimidation of persons nor force upon things, shall take the personal property of
another without the latter’s consent

Theft vs. Robbery

Theft Robbery
the offender does not use violence or there is violence or intimidation or force
intimidation or does not enter a house or upon things
building in taking personal property of
another without intent to gain
it suffices that consent on the part of the it is necessary that the taking is against
owner is lacking the will of the owner

Robbery and theft are analogous crimes involving taking with intent to gain of personal
property. The crime is robbery if committed with violence against or intimidation upon
persons or with force upon things. Otherwise, it is theft.

Elements of theft

1. there be taking of personal property

2. such property belongs to another

3. the taking be done with intent to gain

4. the taking be done without the consent of the owner

5. the taking be accomplished without the use of violence against or intimidation

of persons or force upon things

Who are liable for theft

1. those who with intent to gain, but without violence against or intimidation of
persons or force upon things, take personal property of another without the
latter’s consent

Page 7 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

2. those who having found lost property, fail to deliver the same to the local
authorities or to its owner

3. those who after having maliciously damaged the property of another, remove
or make use of the fruits or object of the damage caused by them

4. those who enter an enclosed estate or a field where trespass is forbidden or

which belongs to another and without consent of its owner, hunt or fish upon
the same or gather fruits, cereals, or other forest or farm products

Elements of #4

1. there is an enclosed estate or a field where trespass is forbidden or which

belongs to another

2. the offender enters the same

3. the offender hunts or fishes upon the same or gathers fruits, cereals, or other
forest or farm products in the estate or field

4. the hunting or fishing or gathering of products is without the consent of the

owner

Illustrations

1. Jake left his bag on the table and went to make an additional order at the
counter of a Jollibee stall. Kylie got the bag of Jake and ran away with it.

Kylie is liable for theft. She took the bag of Jake without the knowledge or
consent of Jake.

2. Mika was on her way home. Along the way, she saw a brown envelope at the
edge of the road. She picked it up and opened the envelope. It contained
₱50,000.00, credit cards, identification cards, and passports belonging to a
certain Noel. Mika did not return the items to Noel nor deliver the same to the
authorities.

Mika is liable for theft. Finders are not keepers. Finders of lost properties have
the duty to deliver them to the owner if known or to the local authorities if not
known. In the instant case, Mika kept the lost item for himself.

3. The hen of Juan entered the backyard of Karlo and destroyed the plants of the
latter. Karlo got mad and shot the hen with his air rifle. He got the gen, cooked
it, and had it as dinner.

Karlo is liable for theft because damaging or killing the property of another.

4. Mila entered an enclosed state despite the written notice of “no trespassing.”
Mila climbed the mango tree and gathered fruits.

Page 8 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Mila is liable for theft.

5. Jun found a lost golden retriever dog. He decided to go to the police station to
turn over the dog. On his way to the police station, he met with SPO1 Kim. Jun
told SPO1 Kim that he was on his way to the police station to turn over the dog.
SPO1 Kim told him that he was on his way to the police station and that Jun
can turn over the dog to him and he will be the one to surrender it to the police
station. Jun thus gave the dog to SPO1 Kim. Instead of turning over the dog at
the police station, SPO1 Kim brought it home.

SPO1 Kim is liable for theft. He is a finder in law. He is under the obligation to
turn over the lost dog which he received in trust at the police station.

QUALIFIED THEFT (Article 310)

When is theft qualified

1. if committed by a domestic servant

Note: A domestic servant enjoys the confidence of his/her employer. He/She

has access to the very bedroom of his/her masters. He/She is not similarly
situated to somebody who is a stranger or someone who does not enjoy the
confidence of the house owner. The abuse of this trust and confidence raises
the category of the crime to qualified theft and is punished with a higher penalty.
It includes a family driver in the contemplation of the law.

2. if committed with grave abuse of confidence

3. if the property stolen consists of coconuts taken from the premises of a

plantation

4. if the property stolen is a fish from a fishpond or fishery

5. if the property is taken on the occasion of fire, earthquake, typhoon, volcanic

eruption, or any other calamity, vehicular accident, or civil disturbance

6. the property stolen is (a) a motor vehicle, (b) a mail matter, or (c) a large cattle

Elements of qualified theft by grave abuse of confidence

1. there is taking of personal property

2. said property belongs to another

3. said taking be done with intent to gain

4. it be done without the owner’s consent

5. it be accomplished without the use of violence or intimidation against persons

or force upon things

Page 9 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

6. it be done with grave abuse of confidence

Illustrations

Remedios accepted in her home Saturnina, a townmate from the province who
pleaded for shelter, food, and clothing. Remedios offered Saturnina the comfort of her
home and all the amenities thereon. After two days of stay, Saturnina pleaded that she
be given up to one month stay in the house of Remedios which the latter
accommodated. Remedios reposed trust and confidence to Saturnina to the extent of
allowing her clean her bedroom and entrusting to her the keys to the drawers and
cabinets of the house. One day, while Remedios was in her work, Saturnina stole her
jewelries and valuables.

Saturnina is liable for qualified theft. She abused the trust and confidence reposed
upon her.

FRAUDULENT INSOLVENCY (Article 314)

Elements of fraudulent insolvency

1. the offender is a debtor, that is, he has obligations due and payable

2. he absconds with his property

3. there is prejudice to his creditors

Illustration

Thalia obtained loans from banking institutions and lending corporations. The loans
that she contracted had become due and demandable. She absconded with her
properties so that they cannot be attached by her creditors. Thalia is liable for
fraudulent insolvency.

SWINDING (ESTAFA) (Article 315)

Elements of estafa in general

1. the accused defrauded another by abuse of confidence by means of deceit, and

a. with unfaithfulness or abuse of confidence

b. by means of false pretenses or fraudulent acts

c. through fraudulent means

2. damage or prejudice capable of pecuniary estimation is caused to the offended

party or third person

3. damage or prejudice may consist of:

Page 10 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

a. the offended party being deprived of money or property as a result of the

defraudation

b. disturbance in property rights

c. temporary prejudice

Three ways of committing estafa

1. with unfaithfulness or abuse of confidence

2. by false pretenses or fraudulent acts

3. through fraudulent means

First way: Estafa with unfaithfulness or abuse of confidence

(1) By altering the substance, quantity, or quality of anything of value which the
offender shall deliver by virtue of an obligation be based on an immoral or illegal
consideration (estafa with unfaithfulness)

Elements

1. the offender has an onerous obligation to deliver something of value

2. he alters its substance, quantity, or quality

3. damage or prejudice is caused to the offended party or third persons

Illustrations

1. Gerald paid Honey the amount of ₱10,000.00 for Honey to deliver to him five
grams of high grade shabu. Honey delivered to Gerald only two sachets of
shabu. However, it turned out that she mixed tawas with the shabu.

Honey is liable for estafa with abuse of confidence. Honey defrauded Gerald by
altering the substance of the thing ordered and paid for by Gerald. Honey is
liable even if the object of the obligation is illegal.

2. Gerald paid Honey the amount of ₱100,000.00 for Honey to deliver 50 cavans
of palay at 60 kilos each. True enough, Honey delivered to Gerald 50 cavans
of palay. It turned out, however, that Honey delivered 50 cavans of palay at 50
kilos each only.

Honey is liable for estafa with abuse of confidence. She is under the obligation
to deliver 50 cavans of palay at 60 kilos each. She defrauded Gerald because
she delivered 50 cavans of palay at 60 kilos each only. Honey altered the
quantity of the thing that she was under obligation to deliver.

Page 11 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

3. Gerald paid Honey the amount of ₱50,000.00 for Honey to deliver to him five
cavans of sinandomeng rice. Honey delivered five cavans of rice. It turned out
that what Honey delivered were five cavans of NFA rice.

Honey is liable for estafa with abuse of confidence. She altered the quality of
the rice that she was under obligation to deliver.

(2) By misappropriating or converting, to the prejudice of another, money,

goods, or any other personal property received by the offender in trust or on
commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other property (estafa with abuse of confidence)

Elements

1. money, goods, or other personal property is received by the offender in trust, or

on commission, or for administration, or under any other obligation involving the
duty to make delivery of, or to return, the same

2. there is misappropriation or conversion of such money or property by the

offender, or denial on his part of such receipt

3. such misappropriation or conversion or denial is to the prejudice of another

4. there is demand made by the offended party to the offender

Note: This element is not necessary when there is evidence of misappropriation

of the goods received.

Misappropriation: the act of taking something for one’s own benefit

Conversion: the act of using or disposing of another’s property as it was one’s own;
thing has been devoted to a purpose or use other than that agreed upon

Illustrations

1. Charmaine gave Diane ₱50,000.00 for Diane to buy her a laptop. Instead of
buying a laptop for Charmaine, Diane went on a shopping spree and spent the
money of Charmaine. Despite repeated demands, Diane failed to return the
money of Charmaine.

Diane is liable for estafa with abuse of confidence. She misappropriated the
money she received in trust for the purchase of a laptop.

2. Charmaine, a volleyball player, entrusted to Diane her watch because she was
about to play. Upon receiving the watch, Diane left and pawned the watch of
Charmaine. Despite repeated demands, Diane failed to return the watch.

Page 12 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Diane is liable for estafa with abuse of confidence. She misappropriated the
thing she received in trust.

3. Charmaine delivered to Diane three cartons of ukay clothes with the

understanding that Diane shall sell them and to remit the proceeds of the sale
to Charmaine or to return the goods if unsold. Diane was able to sell all the
clothes. Despite repeated demands, Diane was not able to remit the proceeds
of the sale or the ukay clothes to Charmaine.

Diane is liable for estafa with abuse of confidence. She misappropriated the
money which she received on commission. She received the ukay clothes on
consignment basis. She had the obligation to return the clothes if unsold or to
remit the proceeds if sold.

(3) By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the prejudice of
the offended party or of any third person (estafa by taking undue advantage of the
signature in blank)

Elements

1. the paper with the signature of the offended party is in the bank

2. the offended party delivered it to the offender

3. above the signature of the offended party, a document is written by the offender
without authority to do so

4. the document so written creates a liability of, or causes damage to the offended
party or any third person

Second way: By means of false pretenses or fraudulent acts

Elements of estafa by means of deceit

1. there must be false pretense, fraudulent act, or fraudulent means

2. such false pretense, fraudulent act, or fraudulent means be made or executed

prior to or simultaneously with the commission of the fraud

3. the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property
because of the false pretense, fraudulent act, or fraudulent means

4. as a result thereof, the offended party suffered damage

(1) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or
by means of other similar deceits

Page 13 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Illustrations

1. Ferdinand convinced Gino, an American, to place his 10,000 dollars in his so-
called magic box. Ferdinand assured Gino that he knows secret prayers that
will double the money of Gino overnight. With the prospects of having his money
doubled in just overnight, Ferdinand placed his 10,000 dollars in the magic box
of Ferdinand. The following day, when Gino woke up, Ferdinand was gone and
so with his money.

Ferdinand is liable for estafa by means of deceit. He defrauded Gino by

fraudulent acts or false pretenses by pretending to possess power.

2. Alex was in dire need of work. He approached Ben and asked his help. Ben
assured Alex that he can help him land a job because he is very influential at
the City Hall. The two went to the City Hall and Ben entered an office while Alex
stayed outside and watched him. From the outside, Alex saw Ben making
gestures. Not long after, Ben went out. Ben asked ₱5,000.00 from Alex to seal
the work he got for Alex. Ben told Alex to report at that office on the following
day. When Alex reported at the office, he was told that the employees do not
know Ben and Ben just went there yesterday talking nonsense.

Ben is liable for estafa by means of deceit. He defrauded Alex of his money by
pretending to possess influence.

3. Carlo approached a group of people and informed them that he owns a wide
tract of land and that he is selling portions of them at a low price because he
was to depart for the United States. Because he is a glib talker, the people
believed him and purchased several lots from him. When these people had their
purchased lots relocated, they found out that what Carlo sold them was
Burnham Park.

Carlo is liable for estafa by means of deceit. He defrauded the victims by

pretending to possess property.

(2) By altering the quality, fineness or weight of anything pertaining to his art or
business

Illustration

A jeweler defrauded his client by selling to him a 20-carat golden ring but he changed
the stone with a lesser quality. The jeweler is liable for estafa by means of deceit. He
altered the quality of the ring which pertains to his business.

(c) By pretending to have bribed any Government employee

(d) By post-dating a check, or issuing a check in payment of an obligation when

the offender had no funds in the bank, or his funds deposited therein were not
sufficient to cover the amount of the check

Page 14 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Elements

1. the offender postdated a check, or issued a check in payment of an obligation

contracted at the time the check was issued

2. such postdating or issuing a check was done when the offender had no funds
in the bank, or his funds deposited therein were not sufficient to cover the
amount of the check

3. the payee sustained damage

Note: To constitute estafa, the check must be simultaneous to the receipt of the goods
or anything of value. The check should not be in payment of a pre-existing obligation.
The law penalizes the issuance of checks with no funds or insufficient funds only if it
were the immediate consideration of the release of the goods. The check must be
issued concurrently with or in exchange for a product or goods.

Illustration

Manuel obtained construction materials worth ₱200,000.00 from the U-Need Lumber
owned by Nico. Manuel issued a postdated check upon receipt of the construction
materials, when Nico presented the check for payment at the drawee bank, the check
was dishonored because it had no sufficient funds.

Nico may file a complaint for estafa by means of deceit against Manuel for paying him
a worthless check.

(e) By obtaining any food, refreshment or accommodation at a hotel, inn,

restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager thereof,
or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house,
or apartment house by the use of any false pretense, or by abandoning or
surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food,
refreshment or accommodation therein without paying for his food, refreshment
or accommodation.

Acts punishable under Art. 315, para. 2(E)

1. by obtaining food, refreshment, or accommodation at a hotel, inn, restaurant,

boarding house, lodging house, or apartment house without paying therefor,
with intent to defraud the proprietor or manager thereof

2. by obtaining credit at any of the said establishments by the use of any false
pretense

3. by abandoning or surreptitiously removing any part of his baggage from any of

the said establishments after obtaining credit, food, refreshment, or
accommodation therein, without paying therefor

Page 15 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

Third way: Estafa through fraudulent means

(a) By inducing another, by means of deceit, to sign any document.

Elements

1. the offender induced the offended party to sign a document

2. deceit is employed by him to make the offended party sign the document

3. the offended party personally signed the document

4. the offended party suffered damage or prejudice

Illustration

Denise sweet talked Edgardo, an old man, to sign a document. Denise told Edgardo
that the document would entitle him to receive relief from the government for senior
citizens. The document actually makes it appear that the old man is acknowledging a
debt in the amount of ₱5,000.00. Later, Denise filed a collection suit against Edgardo
to his prejudice.

Denise committed estafa through fraudulent means.

(b) By resorting to some fraudulent practice to insure success in a gambling

game

Illustration

Albert, Brando, and Celso played Russia poker against Darwin. Unknown to Darwin,
the three were putting one over him because they are giving signals to each other
about the cards that they have. As expected, Darwin lost all his money.

Alberto, Brando, and Celso are liable for estafa through fraudulent means. They
resorted to a fraudulent practice to ensure success in gambling.

(c) By removing, concealing or destroying, in whole or in part, any court record,

office files, document or any other papers

Elements

1. there be court record, office files, documents, or any other papers

2. the offender removed, concealed, or destroyed any of them

3. the offender had intent to defraud another

Page 16 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

ARSON (Article 320)

Arson: when any person burns or sets fire to the property of another, or his own
property, under circumstance which expose to danger the life or property of another

Kinds of arson

1. arson

2. destructive arson

3. other cases of arson

Simple arson: when any person burns or sets fire to the property of another, or his
own property under circumstances which expose to danger the life or property of
another
- it is the malicious destruction of property by fire

Destructive arson

1. burning of one or more buildings or edifices, consequent to one single act of

burning, or as a result of simultaneous burnings, committed on several or
different occasions

2. burning of any building of public or private ownership, devoted to the public in

general or where people usually gather or congregate for a definite purpose
such as, but not limited to, official governmental function or business, private
transaction, commerce, trade, workshop, meetings and conferences, or merely
incidental to a definite purpose such as but not limited to hotels, motels,
transient dwellings, public conveyances or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of whether the building is
actually inhabited or not

3. burning of any train or locomotive, ship or vessel, airship or airplane, devoted

to transportation or conveyance, or for public use, entertainment or leisure

4. burning of 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

Other cases of arson

1. burning of any building used as offices of the Government or any of its agencies

2. burning of any inhabited house or dwelling

Page 17 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

3. burning of any industrial establishment, shipyard, oil well or mine shaft,

platform, or tunnel

4. burning of any plantation, land pasture, growing crop, grain field, orchard,
bamboo grove, or forest

5. burning of any rice mill, sugar mill, cane mill, or mill control

6. burning of any railway or bus station, airport, wharf, or warehouse

MALICIOUS MISCHIEF (Article 327)

Elements of malicious mischief

1. the offender deliberately caused damage to the property of another

2. such act does not constitute arson or other crimes involving destruction

3. the act of damaging another’s property was committed merely for the sake of
damaging it

Note: The offender is motivated by hate, revenge, or other evil motive.

NEW ANTI-CARNAPPING ACT OF 2016 (Republic Act No. 10883)

Carnapping: taking, with intent to gain, of a motor vehicle belonging to another without
the latter’s consent, or by means of violence against or intimidation of persons, or by
using force upon things

Motor vehicle
Motor vehicle refers to any vehicle propelled by any power other than muscular power
using the public highways, except road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used
on public highways; vehicles which run only on rails or tracks; and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes. Trailers having
any number of wheels, when propelled or intended to be propelled by attachment to a
motor vehicle, shall be classified as a separate motor vehicle with no power rating

ANTI-FENCING LAW OF 1979 (Presidential Decree No. 1612)

Fencing: act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from the proceeds of the
crime of robbery or theft

Fence: any person, firm, association corporation or partnership or other organization

who/which commits the act of fencing

Page 18 of 19
 Criminal Law Book II (CLAW 4)
Prepared by: Atty. Shally Mae P. Villa, RPm

BOUNCING CHECKS LAW (Batas Pambansa Blg. 22)

Punishable acts

1. by making or drawing and issuing a check knowing at the time of issue that he
does not have sufficient funds

2. by failing to keep sufficient funds to cover the full amount of the check

References:

Campanilla, M.B. Criminal Law Reviewer Volume II (2020)

Campanilla, M.B. Special Penal Laws (2019)

Estrada, A., Criminal Law Book II of the Revised Penal Code: Crimes and Penalties
with Special Criminal Laws (2011)

San Beda Law, Criminal Law Memory Aid (2018)

San Beda Law, Criminal Law Memory Aid (2021)

The Revised Penal Code of the Philippines

Page 19 of 19