CDI-222

Specialized Crime Investigation 2 with

Simulation on Interrogation and Interview
with Human Trafficking
CRIMES AGAINST PROPERTY

 Crimes directed to a person’s belongings, intellectual properties, and

money.
 Includes common crimes relating to theft or destruction of someone
else’s property.
 Theft or destruction is done without permission from the owner, to
intentionally permanently deprive, or risk depriving, an individual or
commercial entity from their physical or virtual property.
 It range from lower level offenses such as shoplifting or vandalism to
high level felonies including armed robbery and arson.
ARTICLE 293: ROBBERY
Who???
 Any person with intent to gain,  Elements of the Crime of
shall take any personal property Robbery:
belonging to another, by means
 Personal property belonging to
of violence or intimidation of any
person, or using force upon another.
anything shall be guilty of  The unlawful taking of that
robbery.
What??? property.
 With intent to gain (animus
 Robbery is the taking of personal lucrandi)
property belonging to another,
 Violence against or
with intent to gain, by means of
violence against or intimidation of intimidation of any person or
any person or using force upon force upon things.
anything.
PERSONAL PROPERTY
BELONGING TO ANOTHER
It means such property, whether tangibles or
those with physical appearance and form or
intangibles, as long as they maybe subject of
appropriation and may be carried away without
altering its nature.

Example: wallet or gadgets

PERSONAL PROPERTY
BELONGING TO ANOTHER
The identity of the real owner is not necessary so
long as the personal property taken does not
belong to the accused.

Grave Coercion
Impossible Crime of Theft
THE UNLAWFUL TAKING
OF THAT PROPERTY
It means appropriating a thing to another and placing it
under one’s control and possession
WITH INTENT TO GAIN
(ANIMUS LUCRANDI)
The taking is with intent to gain either its for personal
use or for sale.

*no intent to gain=Coercion

*intent to gain is presumed from the unlawful taking of
the personal property
 Click icon to add picture
VIOLENCE AGAINST OR
INTIMIDATION OF ANY PERSON
OR FORCE UPON THINGS
Section 1.
Robbery with violence against, or intimidation of
persons
Section 2.
Robbery by the use of force upon things
Article 294: Violence against or intimidation of any person or
force upon things

 The penalty of reclusion perpetua to death, when by reason or on occasion SECTION 1. Robbery with
of the robbery, the crime of homicide shall have been committed.
violence against, or
 The penalty of reclusion temporal in its medium period The reclusion intimidation of persons:
perpetua when the robbery shall have been companied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the  Robbery with Homicide
physical injuries penalized in subdivision 1 of Article 263 shall have been
inflicted; Provided, however, that when the robbery accompanied with rape is
committed with the use of a deadly weapon or by two or more persons, the  Robbery with Rape
penalty shall be reclusion perpetua to death (As amended by P.D. 767).
 The penalty of reclusion temporal, when by reason or on occasion of the
 Robbery with Intentional
robbery, any of the physical injuries penalized in subdivision 2 of the article mutilation
mentioned in the next preceding paragraph, shall have been inflicted.
 Robbery with Arson
 The penalty of prision mayor in its maximum period to reclusion temporal in
its medium period, if the violence or intimidation employed in the
commission of the robbery shall have been carried to a degree clearly  Robbery with Physical
unnecessary for the commission of the crime, or when the course of its Injuries (*serious physical
execution, the offender shall have inflicted upon any person not responsible injuries*)
for its commission any of the physical injuries covered by sub-divisions 3 and ** special complex
4 of said Article 23. crimes(aka
 Robbery withComposite Crimes
Unnecessary
or Special Indivisible
Violence
Crimes**
Article 295: 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.

Aggravating circumstances:
 Art. 295, not applicable to:
Special aggravating circumstances
increased the penalty to the maximum
 Robbery with Homicide
period and cannot be offset by ordinary mitigating
circumstance.
 Robbery with Rape
Thus, the penalty is to be imposed in maximum  Robbery with Intentional
period When the robbery is committed:
 In uninhabited place
mutilation
 By a band  Robbery with Arson
 By attacking a moving train, street car,
motor vehicle or airship
 Robbery with Serious Physical
 Entering passenger’s compartment in a Injuries resulting in insanity,
train
imbecility, impotency or blindness
 By any manner, taking the passengers
thereof by surprise in the respective NOTE! If aggravating circumstances are
conveyances present, considered as Ordinary aggravating
 On a street, road , highway, or alley, and circumstances
the intimidation is made with use of a
firearm.
NOTE! Applicable on other circumstances of
robbery with physical injuries and simple robbery
Article 296: Definition of a band and penalty incurred
by the members thereof
 Band  Malefactors
when more than three armed
malefactors take part in the commission of offenders ( not limited to male offender)
a robbery, it shall be deemed to have been
committed by a band.  Number of malefactors
More than three (at least four above) and are armed

 Armed  Liability
A member of the band is liable of any of the assaults
may refer to any object capable of committed by the other members thereof. NOTE! They are all
inflicting a bodily injury. considered as
“principal”
When any of the firearms used be an  Art. 296
unlicensed firearm, the penalty to be  Any member of a band who is present at the
imposed upon all the male factors shall commission of a robbery by the band, shall be
be the maximum of the corresponding punished as principal of any assault committed by
penalty provided by law, without prejudice the band, unless it be shown that he attempted to
of the criminal liability for illegal prevent the same.
Robbery with ordinary aggravating
possession of such unlicensed firearms. circumstances of a band
(robbery with a band)
Article 297: Attempted and Frustrated Robbery
Committed Under Certain Circumstances.

It is committed when by  Elements:

reason or on occasion of
an attempted or frustrated
robbery a homicide is
committed.
 There is an attempted or
frustrated robbery
 A homicide is committed
(consummated)
The person killed is a victim of the
robbery and killer is the robber.
Article 298: Execution of deeds by means of violence or
intimidation
It is committed by any person
who, with intent to defraud
another, by means of violence
or intimidation, shall compel
him to sign, execute or deliver
any public instrument or
documents.
 Elements:
 Offender has intent to defraud
another
 Offender compels him to sign,
execute, or deliver any public
instrument or document; and
(The document must be capable of
producing legal effect and the victim is
under a lawful obligation to execute and
deliver the document.)
 Compulsion by means of violence
or intimidation
Article 299: Robbery in an inhabited house or public
building or edifice devoted to worship
SECTION 2: Robbery by the use of force
upon things
it requires some element of
trespass into the establishment where the
robbery was committed;
if no entry was effected, even
though force may have been employed in
the taking of the property from within the
premises, the crime will only be theft.
 1st kind:
 Offender entered an inhabited house, or
public building, or edifice devoted to religious
worship
 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 any fictitious name or
pretending the exercise of public
authority.
 Once inside the building, the offender took
personal property belonging to another with
intent to gain
Article 299: Robbery in an inhabited house or public
building or edifice devoted to worship

2nd kind:  Article 300: Robbery in an

 Offender is inside a dwelling
house, public building or edifice
uninhabited place and by a
devoted to religious worship band
regardless of circumstances  This crime happens when the
under which he entered it: robbery in article 299, is
 Offender takes personal committed in an uninhabited
property belonging to another, place and by a band
Robbery took place in an
with intent to gain, under of the uninhabited place and by a band
following circumstances
a. By breaking of doors,
wardrobes, chest or any other kind of
locked or sealed furniture or
receptacle or door
b. by taking such furniture or
objects away to be broken or forced
open outside the place of the robbery
Article 301: what is an inhabited house, public building or
building dedicated to religious worship and their dependencies

Inhabited House
- 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.
Dependencies
- all interior courts, corrals, water houses, granaries, barns, coach- NOTE! Orchards and other lands
used for cultivation or production
houses, stables or other departments or enclosed places contiguous to the are not included even if closed,
building or edifice, having an interior entrance connected therewith, and which contiguous, to the building, and
form part of the whole, shall be deemed dependencies of an inhabited house, having direct connection therewith

public building or building dedicated to religious worship

Public Building
- includes every building owned by the government or belonging to a
private person used or rented by the government, although temporarily
unoccupied by the same.
Article 302: Robbery in an uninhabited place or in a
private building

Elements:
1. Offender entered an uninhabited place or building which was not a dwelling
house, not a public building, or not an edifice devoted to religious worship;
(warehouse or stores)
2. Any of the ff. circumstances was present:
A. Entrance was effected through an opening not intended for entrance or egress
B. Wall, roof, floor, or outside door or window was broken
C. Entrance was effected through the use of false keys, picklocks, or other similar tools.
D. Door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
E. Closed or sealed receptacle was removed, even if the same be broken open elsewhere

3. With intent to gain, the offender took offender therefrom personal property
belonging to another.
Article 303: Robbery of cereals, fruits, or firewood in an
uninhabited place or private building

Committed by the use of forced upon things, without

violence against or intimidation of any person in an
inhabited house, public building, or edifice devoted to
religious worship (art. 299) or in an uninhabited place or
private building. (Art. 302)
Cereals, fruits, or firewood (due to hunger)
Article 304: Possession of picklocks or similar tools
 It is committed by any person who shall
without lawful cause have in his
 Article 305: False Keys
possession picklocks or similar tools
especially adopted to the commission
of the crime of robbery.  Tools mentioned in the next preceding
articles
 It is also committed by any person who  Genuine keys stolen from the owner
shall make such tools  Any keys other than those intended by
 Elements: the owner for use in the lock forcibly
Offender has in his possession picklocks or
opened by the offender
similar tools
Such picklocks or similar tools are specially
adopted to the commission of robbery
Offender does not have lawful cause for such
possession
Article 306: Who are Brigands?

 When more than three armed  Requisites:

persons form a band of  There be at least four armed
robbers for the purpose of malefactors;
committing robbery in the  They formed a band of robbers ;
highway, or kidnapping and
persons for the purpose of  They purpose is any of the ff.
extortion or to obtain  To commit robbery in the highway
ransom or any other purpose  To kidnap persons for the purpose
to be attained by means of of extortion or to obtain ransom
force and violence, they shall  To attain by mains of force and
violence any other purpose
be deemed highway robbers
or brigands
Article 306: Who are Brigands?
 Presumption;
 If any of the arms carried by any of said
persons be an unlicensed firearms, it shall be
presumed that said persons are highway
robbers or brigands.
 When consummated?
 Mere formation of band of highway robbers
consummates the crime of brigandage.
 Actual commission of robbery on the highway
is not an element of brigandage
 Who are the victims?
 Brigandage is a crime of
depredation wherein the unlawful
acts are directed not only against
specific, intended or preconceived
victims, but against any and all
prospective victims anywhere on the
highway and whoever they may be
potentially be.
Article 307: Aiding and Abetting a band of brigands

 It is committed by any person  Elements:

knowingly and in any manner
aiding, abetting or protecting a
band of brigands as described in
article 306, or giving them
information of the movements of
the police or other peace officers
of the government, when the
latter acting in aid of the
government, or acquiring or
receiving the property taken by
such brigands.
 There is a band of brigands;
 Offender knows the band to be of
brigands; and
 Offender does any of the ff. acts
 He in any manner aids, abets, or
protects such band of brigands;
 He gives them information of the
governments of the police or other
peace officers of the government;
or
 He acquires or receives the property
taken by such brigands.
P.D NO. 532: Highway Robbery or Brigandage

 It is the seizure of any person for  Philippine Highway

ransom, extortion or other
unlawful purposes, or taking away
of 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.
 It 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.
 P.D 532 vs. Article 306, RPC
 Consummation of the crime
 P.D 532
 Actual commission of the crime will
consummate the crime.
 Place of commission
 Committed on the highway
 Numbers of offenders
 It can be committed by single offender
because the law uses the word “any person”
 Who are the victims
 Highway robbery requires that commission of
robbery is not an on the spur of the moment
decision by the accused; it requires habituality
or regularity and the commission thereof is
indiscriminate and not against a
predetermined victim. i.e against any traveling
person
 Consummation of the crime
 Article 306
 Formation of at least four armed men for the
purpose of committing robbery on the highway
consummates of the crime
 Place of commission
 Committed on the highway
 Numbers of offenders
 The offenders must be at least four armed men
 Who are the victims
 In the brigandage, the unlawful acts are directed
not only against the specific, intended or
preconceived victims, but against any and all
prospective victims anywhere on the highway
and whoever they maybe potentially be.
Article 308: Theft
 Who are liable for theft?  Elements
 Theft is committed by any
person who, with intent to gain
but without violence against or
intimidation of person nor
force upon things, shall take
personal property of another
without the latters consent.
 There is a taking of personal
property;
 Property taken belongs to another;
 Taking was done with intent gain;
 Taking was done without the
consent of the owner; and
 Taking is accomplished without the
use of violence against or
intimidation of person or force upon
things.
Who are liable for theft?
 There is taking of personal  Property taken belongs to another
property  Owner ship is immaterial in theft. The subject
of the crime of theft is any personal property
 TAKING belonging to another.

 Taking is the act of depriving another of  Taking was done with intent to gain
the possession and dominion of
 Material possession = Theft
movable property
 Material and juridical possession= Estafa
 The taking must be accompanied by the
intension, at the time of taking, of with  Taking is accomplished without the use
holding the thing with some character of
permanency of violence against or intimidation of
persons or force upon things.
 Complete and unlawful taking
 Unlawful taking is deemed complete
from the moment the offender gains
possession of the thing, even if he has
no opportunity to dispose of the same
 OTHER INSTANCES OF THEFT

 Any person who, having found lost property, shall fail

to deliver the same to local authorities or its owner;
 Any person who, after having maliciously damaged
the property of another, shall removed or make use
of the fruits or object of the damage caused by him;
and
 Any person who shall enter an enclosed estate or a
field trespass is forbidden or which belongs to
another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals,
or other forest or farm products.
Article 310: Qualified Theft
 If theft is committed by domestic servant;
 If the theft is committed with grave abuse of confidence;
 If the property stolen is a motor vehicle, mail matter or large cattle;
 If the property stolen consist of coconuts taken from the premises of
a plantation;
 If the property stolen is fish from a fishpond or fishery; or
 If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbance.
Article 310: Qualified Theft
 Theft Is Committed By Domestic Servant  Theft With Grave Abuse Of Confidence
 Domestic worker or “kasambahay”
refers to any person engaged in
domestic work within an
employment relationship such as,
but not limited to, the following:
general house help, nurse maid or
“yaya”, cook, gardener, or laundry
person, but shall exclude any person
who performs domestic work only
occasionally or sporadically and not
on an occupational basis.
 The presupposes that there should
be a relation of dependence,
guardianship or vigilance between
the accused and the victim which
created a high degree of trust and
confidence.
 It should be proven that the victim
proposed trust and confidence and
it was this which enabled the
accused to commit the crime.
Article 310: Qualified Theft

 If The Property Stolen Is A Motor Vehicle, Mail Matter Or Large Cattle

 Theft Of Motor Vehicle

 This was modified by Republic Act No. 10883 the “New Anti-Carnapping Act
of 2016”

 Theft Of Mail Matter

 Post master = Infidelity in the Custody of Documents/ removal or
concealment or destruction of document under Article 236 RPC
 Mail Carriers = Qualified theft

 Theft Of Large Cattle

 This has been modified by P.D 533 or the anti-Cattle Rustling Law
R.A 10883: New Anti-Carnapping Act of 2016

 Crimes  Motor Vehicle

 Carnapping  Motor vehicle refers to any vehicle propelled by any
power other than muscular power using the public
 Concealment of carnapping highways NOTE! Powered by gas or diesel
 Defacing or tampering with  Motor vehicles not covered: or solar power
serial numbers of motor vehicle  Road rollers
engines, engine blocks, and  Trolley cars
chassis  Street sweepers
 Identity transfer  Sprinklers
 Transfer of vehicle plate without  Lawn movers
securing the proper authority  Bulldozers
from the LTO  Graders
 Sale of second hand spare  Forklifts
parts taken from a carnapped  Amphibian trucks, and cranes if not used in public highway
vehicle.  Vehicles which run only on rails or tracks
 Tractors, trailers, and traction engine of all kinds used
exclusively for agricultural purposes.
R.A 10883: New Anti-Carnapping Act of 2016
 Carnapping
 Is the 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.
 Elements:
 That there is an actual taking of the
vehicle;
 That the vehicle belongs to a person
other than the offender himself;
 That the taking:
 Is without the consent of the owner
thereof;
 Was committed by means of violence
against or intimidation of persons, or
 By using force upon things; and
 That the offender intends to gain from
taking of the vehicle.
R.A 10883: New Anti-Carnapping Act of 2016
 Concealment Of Carnapping  Defacing Or Tampering With Serial
Numbers Of Motor Vehicle Engines,
 It is a crime committed by any Engine Blocks, And Chassis
person or juridical entity which
conceals the crime of  Defacing or tampering with a serial
carnapping number refers to the altering ,
changing, erasing, replacing, or
scratching of the original factory
inscribed serial number on the
motor vehicle engine, engine block,
or chassis of any motor vehicle
R.A 10883: New Anti-Carnapping Act of 2016
 Identity Transfer
 Is a crime committed by any person,
office or entity who uses and /or allows
the sale, registration, and/or transfer
into the name, chassis number, engine
number and plate number of a motor
vehicle declared as “total wreck” or
beyond economic repair by concerned
insurance company, and/or law
enforcement agencies, due to it’s
involvement in a vehicular accident or
for some other causes.
 Total wreck
 Refers to the state or status of a motor
vehicle after a vehicular accident or other
incident, so that it is rendered inoperational
and beyond economic repair due to the
extent of the damage in it’s body, chassis
and engine
 Transfer Of Vehicle Plate Without Securing
The Proper Authority From The LTO
 It shall be unlawful for any person, office
or entity to transfer or use a vehicle
plate from one vehicle to another
without securing the proper authority
from the LTO.
 Sale Of Second Hand Spare Parts
Taken From A Carnapped Vehicle
 It shall be unlawful for any person, office
or entity to buy and/ or sell any second
hand spare parts taken from a
carnapped vehicle.
P.D 533: The Anti-cattle Rustling Law Of 1974
 Large cattle
 Large cattle include the cow, carabao,
horse, mule, ass, or other domesticated
member of the bovine family
 Cattle rustling
 Taking away by any means,
method or scheme, without
the consent of the
owner/raiser, of any large
cattle whether or not for profit
or gain, or whether committed
with or without violence
against or intimidation of any
person or force upon things.
 It includes the killing of large
cattle, or taking its meat or
hide without the consent of
the owner/raiser.
P.D 533: The Anti-cattle Rustling Law Of 1974

 Duty of owner/ raiser to register:  Presumption of cattle rustling

 The owner/raiser shall, before the large
cattle belonging to him shall attain the
age of six months, register the same with
the office of the city/municipal treasurer
where such large cattle are raised.
 Clearance for shipment of large
cattle
 Any person, partnership, association,
corporation, or entity desiring to ship or
transport large cattle, it hides, or meat,
from one province to another shall
secure a permit for such purpose from
the provincial commander of the
province where the large cattle is
registered.
 Every person having in his
possession, control or custody of
large cattle shall, upon demand by
competent authorities, exhibit the
permit of registration or clearance
for shipment.
 Failure to exhibit the required
documents shall be prima facie evidence
that the large cattle in his possession,
control or custody are the fruits of the
crime of cattle rustling.
ARTICLE 311: Theft Of The Property Of The National Library
And National Museum

 If the property stolen be any  Regardless of what was stolen or how

property of the national library or much it cost.
national museum, the penalty
shall be arresto mayor or a fine
ranging from forty thousand
pesos (40,000) to one hundred
thousand pesos (100,000) or
both, unless a higher penalty
should be provided under other
provisions of this code, in which
case, the offender shall be
punished by such higher penalty.
ARTICLE 312: Usurpation
 Occupation of real property or
usurpation of real rights in property
 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 50-100 per
centum of the gain which he shall have
obtained, but not less than 75 pesos.
 If the value of the gain cannot be ascertained,
a fine from 200 to 5000 pesos shall be
imposed.
 Acts Punishable:
 By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons.
 By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons.
 ELEMENTS:
 The offender take possession of any real
property or usurps any real rights in property.
 The real property or real rights belonging to
another.
 The violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real rights in the
property.
 There is intent to gain
ARTICLE 313: Altering Boundaries Or Landmark

 It is committed by 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.
 Elements:
 There are boundary marks or
monuments of towns, provinces, or
estates, or any other marks
intended to designate the
boundaries of the same; and
 Offender alters said boundary
marks.
ARTICLE 314: Fraudulent Insolvency

 It is a crime committed by any person who shall

abscond with his property to prejudice of his
creditor.
 Elements:
 Offender is a debtor, that is, he has obligations due and payable;
 He absconds with his property; and
 There be prejudice to his creditors.
ARTICLE 315: SWINDLING (ESTAFA)

 Elements:
 Accused defrauded another
a. With unfaithfulness or abuse of confidence
b. By means of false pretenses of fraudulent acts; or
c. Through fraudulent means
 Damage or prejudice capable of pecuniary estimation is caused to the
offended party of third person.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa With Unfaithfulness Or Abuse Of Confidence

1. Altering the substance, quantity, or quality of anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.
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 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.
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 any third person.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa By Means Of False Pretenses Or Fraudulent Acts

1. By using fictitious name, or falsely pretending to posses
power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits.
2. By altering the quality, fineness or weight of anything
pertaining to his art or business.
3. 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.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa By Means Of False Pretenses Or Fraudulent Acts

4. 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
 Elements
1. The postdating or issuance of a check in payment of an obligation contracted at the time
the check was issued;
2. Lack of sufficiency of funds to cover the check;
3. Damage to the payee
5. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house and the like without paying thereof, or
by obtaining credit hotel, inn, restaurant, boarding house, lodging house or apartment
house, by the use of 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 his food, refreshment or accommodation.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa Through Fraudulent Means

 By inducing another, by means of deceit, to sign any
document.
 By resorting, concealing or destroying, in whole or in part,
any court record, office files, document or any other
papers.
 By removing, concealing or destroying, in whole or in part,
any court record, office files, document or any other
papers.
ARTICLE 316: OTHER FORMS OF SWINDLING
1. Any person who, pretending to be
owner of any real property, shall
convey, sell, encumber or mortgage
the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose
of the same, although such
encumbrance be not recorded
3. The owner of any personal property
who shall wrongfully take it from its
lawful possessor, to the prejudice of
the latter or any third person.
4. 4. Any person who, to the prejudice
of another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation given him under the belief
that it was in payment of services
rendered or labor performed by him,
when in fact he did not actually perform
such services or labor.
6. Any person who, while being a surety
in a bond given in a criminal or civil
action, without express authority from
the court or before the cancellation of
his bond or before being relieved from
the obligation contracted by him, shall
sell, mortgage, or, in any other manner,
encumber the real property or properties
with which he guaranteed the fulfilment
of such obligation.
ARTICLE 316: OTHER FORMS OF SWINDLING

 Conveying, Selling, Encumbering, Or Mortgaging Any Real

Property, Pretending To Be The Owner Of The Same.
 Elements
1. The thing must be a real property
2. Offender who is not the owner of said property should represent that he is the
owner thereof;
3. Offender should have executed an act of ownership (selling, leasing, encumbering
or mortgaging the real property); and
4. Act is made to the prejudice of the owner or of a third person.
ARTICLE 316: OTHER FORMS OF SWINDLING

 Disposing Real Property Knowing It To Be Encumbered Even If The Encumbrance Be

Not Recorded.
 Elements
1. That the thing disposed of is real property;
2. Offender knew that the real property was encumbered whether the encumbrance is recorded or not
3. There must be express representation by the offender that the real property if free from encumbrance; and
4. Act of disposing of the real property be made to the damage of another.

 Wrongful Taking Of Personal Property From Its Lawful Possessor To The Prejudice
Of The Latter Or A Third Person;
 Elements
1. Offender is the owner of personal property;
2. Said personal property is in the lawful possession of another;
3. Offender wrongfully takes it from its lawful possessor; and
4. Prejudice is thereby caused to the possessor or third person
ARTICLE 316: OTHER FORMS OF SWINDLING
 Executing any fictitious contract to the
prejudice of another
 Accepting any compensation given to
him under the belief it was in payment of
services or labor when he did not
actually perform such services or labor
 Selling, mortgaging, or in any manner
encumbering real property while being a
surety in bond without express authority
from the court or before being relieved
from the obligation.
 Elements:
1. Offender is surety in a bond given in a
criminal or civil action;
2. He guaranteed the fulfilment of such
obligation with his real property or
properties;
3. He sells, mortgages, or, in any other manner
encumbers said real property; and
4. Such sale, mortgage or encumbrance is
without express authority from the court or
made before the cancellation of his bond, or
before being relieved from the obligation
contracted by him
ARTICLE 318: OTHER DECEITS

 It is committed by any person who shall defraud or damage another

by any other deceit not mentioned in Articles 315, 316 and 317.
 It is also committed by any person who, for profit or gain interpret
dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner.

1. Defrauding or damaging another by any other deceit not mentioned in Articles 315,
316 and 317
2. Interpreting dreams, making forecasts, telling fortunes, or taking advantage of the
credulity of the public in any other similar manner, for profit or gain.
ARTICLE 319: Removal, Sale Or Pledge Of Mortgaged Property
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
mortgage, 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.
 Knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city
other that the one in which it was located at the time of
execution of the mortgage, without the written consent
of the mortgagee or his executors, administrators, or
assigns.
 Elements:
1. Personal property is mortgaged under the
terms of the Chattel Mortgage Law;
2. Offender knows that such property is so
mortgaged;
3. Offender removes such mortgaged personal
property to any province or city other than
the one in which it was located at the time of
execution of the mortgage;
4. Removal is permanent; and
5. There is no written consent of the mortgagee
or his executors, administrators or assigns to
such removal.
ARTICLE 319: Removal, Sale Or Pledge Of Mortgaged Property

 Selling or pledging personal property already pledged, or any part

hereof, 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 thereof in the office of the register of deeds of
the province where such property is located
 Elements:
 Personal property is mortgaged under the terms of the Chattel Mortgage Law;
 Offender, who is the mortgagor of such property, sells, or pledges, the same or any part
thereof; and
 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.
ARTICLE 320: ARSON ( P.D 1613)

 P.D 1613
 P.D 1613 repealed Article 320 to 326-B of the RPC.

 P.D 1744
 P.D 1744 revived Article 320 or the article punishing destructive Arson.

 R.A 7659
 R.A 7659 in turn amended Article 320 as revived by P.D 1744.
ARTICLE 320: ARSON ( P.D 1613)
Destructive Arson  Any building Any train or locomotive, ship or vessel,
 One or more building edifices, consequent airship or airplane, devoted to transportation or
to one single act of burning, or as a result of conveyance, or for public use, entertainment or
simultaneous burnings, committed on leisure.
several or different occasions.  Any building , factory, warehouse installation and
 Any building of public or private ownership, any appurtenances thereto, which are devoted to
devoted to the public in general or where the service of public utilities.
people usually gather or congregate for a
definite purpose such as, but not limited to,  Any building, the burning of which is for the
official governmental function or business, purpose of concealing or destroying evidence of
private transaction, commerce, trade, another violation of law, or for the purpose of
workshop, meetings and conferences or concealing bankruptcy or defrauding creditors or to
merely incidental to a definite purpose such collect from insurance.
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.
ARTICLE 320: ARSON ( P.D 1613)
 DESTRUCTIVE ARSON
(HIGHER PENALTIES)
 Any arsenal, shipyard, storehouse
or military powder or fireworks
factory, ordinance, storehouse,
archives or general museum of the
government.
 In an inhabited place, any
storehouse or factory of
flammable or explosive materials
 SIMPLE ARSON
 Simple arson is a crime committed by any person
who burns or sets fire to the property of another.
 Property Subject For Arson
 Real property and personal property
 Who Owns The Property Subject For Arson?
 Property of another
 Property of the accused if the arson was under
circumstances which exposes danger to the
life or property of another
ARTICLE 327: Who Are Liable For Malicious Mischief

 Article 327  ELEMENTS:

 Any person who shall deliberately  Offender deliberately caused damage to the
property of another;
cause the property of another any
damage not falling within the terms  Such act does not constitute arson or other crimes
of the next preceding chapter shall involving destruction; and
be guilty of malicious mischief.  Act of damaging another’s property be committed
merely for the sake of damaging it.
 Malicious mischief
 It is the wilful damaging of
another’s property by any act not
constituting arson or crimes of
destruction due to hate, revenge,
or mere pleasure of destroying.
ARTICLE 328: Special Cases of Malicious Mischief
 Article 328
 It is committed by any person
who shall cause damage to
obstruct the performance of
public functions, or using any
poisonous or corrosive
substance; or who causes
damage to the property of the
National Museum or National
Library, or to any archive or
registry, watermarks, road,
promenade, or any other thing
used in common by the public.
 Punishable Acts
 Causing damage to obstruct the
performance of public functions;
 Using any poisonous or corrosive
substance;
 Spreading any infections among cattle;
and
 Causing damage to the property of the
national museum or national library, or
to any archive or registry, waterworks,
oafs, promenade, or any other thing
used in common by the public.
ARTICLE 330: Damage and Obstruction to Means of
Communication
Article 330
it is committed by any person who shall damage any railway,
telegraph or telephone lines.
If the damage shall result in any derailment of cars, collision, or other
incident.
For the purpose of the provisions of this article, the electric wires,
traction cables, signal system and other things pertaining to railways,
shall be deemed to constitute an integral part of a railway system.
ARTICLE 331: Destroying or Damaging Statues, Public
Monuments or Paintings

 Article 331  Punishable Acts

 It is committed by any person who
shall destroy or damage statues or
any other useful or ornamental
public monument.
 It is also committed by any person
who shall destroy or damage any
useful or ornamental painting of a
public nature.
 Any person who shall destroy or damage
statues or any other useful or
ornamental public monuments;
 Any person who shall destroy or damage
any useful or ornamental painting of a
public nature.
ARTICLE 332: Persons exempt from criminal liability
 No criminal, but only civil liability, shall result from the commission of the
crime of theft, swindling or malicious mischief committed or caused mutually
by the following persons:
 Spouses, ascendants and descendants, or relatives by affinity in the same
line.
 The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall passed into the possession of
another; and
 Brothers and sisters and brothers -in-law and sisters-in-law, if living together.

The exemption established by this article shall

not be applicable to strangers participating in
the commission of the crime.
THANK YOU & GOD BLESS YOU!

Prepared by:
Joanna C. Bajado