TITLE X

CRIMES AGAINST PROPERTY

Articles 293 - 332
ROBBERY
ELEMENTS IN GENERAL:
1. THERE IS A PERSONAL PROPERTY BELONGING TO
ANOTHER;
2. THERE IS UNLAWFUL TAKING OF THAT PROPERTY;
3. THE TAKING MUST BE WITH INTENT TO GAIN;
AND
4. THERE IS VIOLENCE AGAINST OR INTIMIDATION
OF ANY PERSON, OR FORCE UPON ANYTHING.
2 KINDS
ROBBERY WITH FORCE UPON THINGS
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ROBBERY WITH FORCE UPON THINGS:

FIRST MODE:
ENTERING A HOUSE OR BUILDING 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; OR
D. BY USING FICTITIOUS NAME PRETENDING THE
EXERCISE OF PUBLIC AUTHORITY.
SECOND MODE:
WHERE THERE IS NO FORCE IN ENTERING A HOUSE
OR BUILDING, BUT ONCE INSIDE:
A. BREAKS DOORS, WARDROBES OR CHESTS, OR ANY
LOCKED OR CLOSED FURNITURE OR RECEPTACLE; OR

B. TAKES SUCH FURNITURE OR CLOSED RECEPTACLE

AWAY TO BE BROKEN OR FORCED OPEN OUTSIDE.
ANY FORM OF KILLING AS A RESULT OF THE
ACTS OF ROBBERY ARE CONSIDERED AS
HOMICIDE IN ITS GENERIC SENSE. THERE
CAN BE ROBBERY WITH HOMICIDE OR
ROBBERY WITH RAPE, OR ROBBERY WITH
ARSON.
BRIGANDAGE UNDER PD 532
INVOLVES THE INDISCRIMINATE
ROBBERY ON THE HIGHWAY.
WHO ARE BRIGANDS – ART. 306 OF RPC

WHEN MORE THAN THREE ARMED PERSONS

FORM A BAND OF ROBBERS FOR THE PURPOSE
OF COMMITTING ROBBERY IN THE HIGHWAYS,
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
THEFT
ELEMENTS:
1. THERE IS TAKING OF PERSONAL PROPERTY;
2 THE PROPERTY TAKEN BELONG TO ANOTHER;
3. THE TAKING WAS DONE WITH INTENT TO GAIN;
4. THE TAKING WAS WITHOUT CONSENT OF THE
OWNER;
5. WITHOUT THE USE OF VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS OF FORCE UPON THINGS.
THEFT IS QUALIFIED IF:
1. COMMITTED BY A DOMESTIC SERVANT;
2. COMMITTED WITH GRAVE ABUSE OF CONFIDENCE;
3. THE PROPERTY STOLEN IS A MOTOR VEHICLE,
MAIL MATTER, OR LARGE CATTLE;
4. COCONUTS FROM PREMISES OF COCONUT
PLANTATION;
5. FISH FROM A FISHPOND OR FISHERY;
6. OR ON OCCASION OF CALAMITY OR CIVIL
DISTURBANCE.
PD NO. 581 (HIGHGRADING OR THEFT OF GOLD)

PD NO. 1612 (THE ANTI-FENCING LAW)

RA NO. 6539 (THE ANTI-CARNAPPING LAW)

PD NO. 533 (THE ANTI-CATTLE RUSTLING LAW OF

1974)
FRAUDULENT INSOLVENCY

ELEMENTS:

A. OFFENDER IS A DEBTOR, THAT IS, HE HAS

OBLIGATIONS DUE AND PAYABLE;

B. HE ABSCONDS WITH HIS PROPERTY;

C. THERE IS PREJUDICE TO HIS CREDITORS.

ESTAFA/SWINDLING

ELEMENTS IN GENERAL:
1. ACCUSED DEFRAUDED ANOTHER BY ABUSE OF
CONFIDENCE OR BY MEANS OF DECEIT;
- THIS COVERS THE THREE DIFFERENT WAYS OF
COMMITTING ESTAFA:
A. WITH UNFAITHFULNESS OR ABUSE OF
CONFIDENCE;
B. BY MEANS OF FALSE PRETENSES OR
FRAUDULENT ACTS; OR
C. THROUGH FRAUDULENT MEANS.
2. DAMAGE OR PREJUDICE CAPABLE OF
PECUNIARY ESTIMATION IS CAUSED TO
THE OFFENDED PARTY OR THIRD
PERSON.
ESTAFA WITH ABUSE OF CONFIDENCE (ART. 315, 1A)

ELEMENTS:
1. THE OFFENDER HAS AN ONEROUS OBLIGATION TO
DELIVER SOMETHING OF VALUE;
2. HE ALTERS THE SUBSTANCE, QUANTITY OR
QUALITY;
3. DAMAGE OR PREJUDICE IS CAUSED TO ANOTHER.
(ART. 315, 1B) 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; AND

4. THERE IS DEMAND MADE BY THE OFFENDED

PARTY TO THE OFFENDER.

BUT IN TUBB V. PEOPLE, DEMAND IS NOT

NECESSARY WHEN THERE IS EVIDENCE OF
MISAPPROPRIATION OF THE GOODS RECEIVED
(ART. 315, 1C) ELEMENTS:
1. THERE IS A BLANK DOCUMENT WITH THE
SIGNATURE OF THE OFFENDED PARTY;
2. THE OFFENDED PARTY DELIVERED IT TO THE
OFFENDER;
3. THE ABOVE SIGNATURE OF THE OFFENDED A
DOCUMENT IS WRITTEN BY THE OFFENDER
WITHOUT AUTHORITY TO DO SO;
4. THE DOCUMENT WRITTEN CREATES A LIABILITY
OF OR CAUSES DAMAGE TO THE OFFENDED PARTY
OR ANY THIRD PERSON.
ESTAFA BY MEANS OF FALSE PRETENSES
OR FRAUDULENT ACTS (ART. 315, PAR. 2)

BY MEANS OF ANY OF THE FOLLOWING

FALSE PRETENSES OR FRAUDULENT ACTS
EXECUTED PRIOR TO OR SIMULTANEOUSLY
WITH THE COMMISSION OF THE FRAUD:
(A) BY USING A FICTITIOUS NAME, OR FALSELY
PRETENDING TO POSSESS POWER, INFLUENCE,
QUALIFICATIONS, PROPERTY, CREDIT, AGENCY,
BUSINESS OR IMAGINARY TRANSACTIONS, OR
BY MEANS OF OTHER SIMILAR DECEITS.
(B) BY ALTERING THE QUALITY, FINENESS, OR
WEIGHT OF ANYTHING PERTAINING TO HIS
ART OR BUSINESS
(C) BY PRETENDING TO HAVE BRIBED ANY
GOVERNMENT EMPLOYEE, WITHOUT PREJUDICE
TO THE ACTION FOR CALUMNY, WHICH THE
OFFENDED PARTY MAY DEEM PROPER TO
BRING AGAINST THE OFFENDER. IN THIS CASE,
THE OFFENDER SHALL BE PUNISHED BY THE
MAXIMUM PERIOD OF PENALTY.
(D) BY POSTDATING A CHECK, OR ISSUING A CHECK IN
PAYMENT OF AN OBLIGATION WHEN THE OFFENDER HAD
IN PAYMENT OF AN OBLIGATION WHEN THE OFFENDER
HAD NO FUNDS IN THE BANK, OR HIS FUNDS DEPOSITED
THEREIN WERE NOT SUFFICIENT TO COVER THE AMOUNT
OF THE CHECK. THE FAILURE OF THE DRAWER OF THE
CHECK TO DEPOSIT THE AMOUNT NECESSARY TO COVER
HIS CHECK WITHIN THREE (3) DAYS FROM RECEIPT OF
NOTICE FROM THE BANK AND/OR PAYEE OF HOLDER THAT
SAID CHECK HAS BEEN DISHONORED FOR LACK OR
INSUFFICIENCY OF FUNDS SHALL BE PRIMA FACIE
EVIDENCE OF DECEIT CONSTITUTING FALSE PRETENSE OR
FRAUDULENT ACT.
BATAS PAMBANSA BLG. 22 (ANTI-
BOUNCING CHECKS LAW)
HOW IT IS VIOLATED?
A)1. A PERSON MAKES OR DRAWS AND ISSUES ANY
CHECK;
2. THE CHECK IS MADE OR DRAWN AND ISSUED TO
APPLY ON ACCOUNT FOR VALUE;
3. THE CHECK IS SUBSEQUENTLY DISHONORED BY
THE DRAWEE BANK FOR INSUFFICIENCY OF FUNDS
OR CREDIT, OR WOULD HAVE BEEN DISHONORED FOR
THE SAME REASON HAD NOT THE DRAWER,
WITHOUT ANY VALID REASON, ORDERED THE BANK
TO STOP PAYMENT.
B.) 1. A PERSON HAS SUFFICIENT FUNDS IN OR
CREDIT WITH THE DRAWEE BANK WHEN HE MAKES
OR DRAWS AND ISSUES THE CHECK;
2. HE FAILS TO KEEP SUFFICIENT FUNDS OR TO
MAINTAIN A CREDIT TO COVER THE FULL AMOUNT
OF THE CHECK IF PRESENTED WITHIN 90 DAYS
FROM THE DATE APPEARING;
3. THE CHECK IS DISHONORED BY THE DRAWEE
BANK.
ESTAFA THROUGH FRAUDULENT MEANS (ART. 315,
PAR. 3)

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.
PRESIDENTIAL DECREE NO. 1613

ARSON – WHEN ANY PERSON WHO 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
CASES: NO FRUSTRATED AND WITH FRUSTRATED

People vs Guttierez GR No. 100699 July 5, 1996

US vs Valdez GR No. L-14128 December 10, 1919
(with frustrated)
MALICIOUS MISCHIEF

ELEMENTS:
1. 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.
PERSONS EXEMPT FROM CRIMINAL LIABILITY IN THE
CRIMES OF THEFT, ESTAFA, MALICIOUS MISCHIEF

1. SPOUSE, ASCENDANTS AND DESCENDANTS OR RELATIVES

BY AFFINITY IN THE SAME LINE;
2. WIDOWED SPOUSE WITH RESPECT TO THE PROPERTY
WHICH BELONGED TO THE DECEASED SPOUSE BEFORE THE
SAME PASSED INTO THE POSSESSION OF ANOTHER;
3. BROTHERS AND SISTERS AND BROTHERS-IN-LAW AND
SISTERS-IN-LAW, IF LIVING TOGETHER.