Criminal Law 2 Reviewer
Criminal Law 2 Reviewer
PHYSICAL INJURIES A. MUTILATION: (262) Kinds of Mutilation 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction 2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body Elements: 1. There be a castration i.e. mutilation of organs necessary for generation 2. Mutilation is caused purposely and deliberately Notes 1. In the first kind of mutilation, the castration must be made purposely. !ther"ise, it "ill be considered as mutilation of the second kind Mayhem refers to any other intentional mutilation 2. 4. 5. 3oss of po"er to hear must involve both ears. !ther"ise, it "ill be considered as serious physical in*uries under par ' 3oss of use of hand or incapacity of usual "ork in par 2 must be permanent 6ar 2 refers to principal members of the body. 6ar ' on the other hand, covers any other member "hich is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member e!"#m$t% & means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it "ould not be conspicuous and visible The loss of ' incisors is a visible deformity. 3oss of one incisor is not. #o"ever, loss of one tooth "hich impaired appearance is a deformity 8eformity by loss of teeth refers to in*ury "hich cannot be impaired by the action of the nature 3oss of both outer ears constitutes deformity and also loss of the po"er to hear. Mean"hile, loss of the lobule of the ear is only a deformity 3oss of the inde9 and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same 3oss of the po"er to hear in the right ear is considered as merely loss of use of some other part of the body If the in*ury "ould re1uire medical attendance for more than '- days, the illness of the offended party may be considered as lasting more than '- days. The fact that there "as medical attendance for that period of time sho"s that the in*uries "ere not cured for that length of time :nder par ), all that is re1uired is illness or incapacity, not medical attendance In determining incapacity, the in*ured party must have an avocation at the time of the in*ury. %ork includes studies or preparation for a profession %hen the category of the offense of serious physical in*uries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. !ther"ise, the offense "ill only be considered as slight physical in*uries There is no incapacity if the in*ured party could still engage in his "ork although less effectively than before 0erious physical in*uries is 1ualified "hen the crime is committed against the same persons enumerated in the article on parricide or "hen it is attended by any of the circumstances defining the crime of murder. #o"ever, serious physical in*uries resulting from e9cessive chastisement by parents is not 1ualified serious physical in*uries
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B. SERIOUS PHYSICAL INJURIES: (263) 12. #o" $ommitted 1. %ounding 2. &eating '. (ssaulting ). (dministering in*urious substances %hat are serious physical in*uries 1. In*ured person becomes insane, imbecile, impotent or blind 2. In*ured person + a. loses the use of speech or the po"er to hear or to smell, loses an eye, a hand, foot, arm or leg b. loses the use of any such member c. becomes incapacitated for the "ork in "hich he had been habitually engaged '. In*ured person + a. becomes deformed b. loses any other member of his body c. loses the use thereof d. becomes ill or incapacitated for the performance of the "ork in "hich he had been habitually engaged in for more than ,- days ). In*ured person becomes ill or incapacitated for labor for more than '- days .but not more than ,- days/ Notes 1. 2. '. ). 0erious physical in*uries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility &lindness re1uires loss of vision in both eyes. Mere "eakness in vision is not contemplated 1'. 1).
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&y any person "ho, under any of the circumstances mentioned in par 1 hereof, shall commit an ac of se9ual assault by inserting a. his penis into another person;s mouth or anal orifice, or b. any instrument or ob*ect, into the genital or anal orifice of another person
. ELEMENTS O' LESS SERIOUS PHYSICAL INJURIES: (26+) 1. That the offended party is incapacitated for labor for 1- days or more .but not more than '- days/, or needs medical attendance for the same period of time 2. That the physical in*uries must not be those described in the preceding articles Notes 1. $ircumstances 1ualifying the offense a. "hen there is manifest intent to insult or offend the in*ured person b. "hen there are circumstances adding ignominy to the offense c. "hen the victim is either the offender;s parents, ascendants, guardians, curators or teachers d. "hen the victim is a person of rank or person in authority, provided the crime is not direct assault It falls under this article even if there "as no incapacity but the medical treatment "as for 1' days
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E. SLI(HT PHYSICAL INJURIES: (266) ' Kinds 1. That "hich incapacitated the offended party for labor from 1<, days or re1uired medical attendance during the same period 2. That "hich did not prevent the offended party from engaging in his habitual "ork or "hich did not re1uire medical attendance .e9. &lack<eye/ '. Ill<treatment of another by deed "ithout causing any in*ury .e9. slapping but "ithout causing dishonor/ '. RAPE (ART 3++) The (nti<=ape 3a" of 1,,5 .=( 7'2'/ no" classified the crime of rape as C#$me A,-$nst Pe#s"ns incorporated into Title 7 of the =6$ to be kno"n as $hapter '
Elements: R-.e $s /"mm$tte0 1. &y a man "ho have carnal kno"ledge of a "oman under any of the follo"ing circumstances a. through force, threat or intimidation b. "hen the offended party is deprived of reason or other"ise unconscious
=ape committed under par 1 is punishable by 1. reclusion perpetua 2. reclusion perpetua to 8>(T# "hen a. victim became insane by reason or on the occasion of rape b. the rape is attempted and a homicide is committed by reason or on the occasion thereof '. 8>(T# "hen a. homicide is committed b. victim under 17 years and offender is i. parent ii. ascendant iii. step<parent iv. guardian v. relative by consanguinity or affinity "ith the 'rd civil degree or vi. common la" spouse of parent of victim c. under the custody of the police or military authorities or any law enforcement or penal institution d. committed in full vie" of the spouse, parent or any of the children or other relatives "ithin the 'rd degree of consanguinity e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime f. a child belo" 5 years old g. offender kno"s he is afflicted "ith HIV or (I80 or any other sexually transmissible disease and the virus is transmitted to the victim h. offender? member of the (@6, or paramilitary units thereof, or the 6N6, or any la" enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime i. victim suffered permanent physical mutilation or disability j. the offender knew of the pregnancy of the offended party at the time of the commission of the crime and k. when the offender knew of the mental disability, emotional disorder and!or physical handicap or the offended party at the time of the commission of the crime
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Note 6rivileged mitigating circumstances If the offender a. voluntarily releases the person so kidnapped or detained "ithin ' days from the commencement of the detention b. "ithout having attained the purpose intended and c. before the institution of criminal proceedings against him C. ELEMENTS O' UNLA4'UL ARREST: (265) 1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him to the proper authorities '. That the arrest or detention is not authoriBed by la" or there is no reasonable ground therefore Notes 1. 2. '. ). !ffender is any person, so either a public officer or private individual =efers to "arrantless arrests In art 122, the detention is for some legal ground "hile here, the detention is not authoriBed by la" In art 122, the crime pertains to failure to deliver the person to the proper *udicial authority "ithin the prescribed period "hile here, the arrest is not authoriBed by la"
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A. ELEMENTS O' 1I NAPPIN( AN SERIOUS ILLE(AL ETENTION: (262) 1. !ffender is a private individual 2. #e kidnaps or detains another, or in any other manner deprives the latter of his liberty '. The act of detention or kidnapping must be illegal ). That in the commission of the offense, any of the follo"ing circumstances are present .becomes serious/ a. that the he kidnappingAdetention lasts for more than ' days b. that it is committed simulating public authority c. that any serious physical in*uries are inflicted upon the person kidnapped or detained or threats to kill him are made, or d. that the person kidnapped or detained is a minor .e9cept if parent is the offender/, female or a public officer Note %hen death penalty is imposed a. if kidnapping is committed for the purpose of e9torting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense .even if none of the circumstances are present/ b. "hen the victim is killed or dies as a conse1uence of the detention or is raped or is sub*ected to torture or dehumaniBing acts B. ELEMENTS O' SLI(HT ILLE(AL ETENTION: (263) 1. !ffender is a private person 2. #e kidnaps or detains another or in any other maner deprives him pof his liberty A furnished place for the perpetuation of the crime
. ELEMENTS O' 1I NAPPIN( AN 'AILURE TO RETURN A MINOR: (226) 1. That the offender is entrusted "ith the custody of a minor person ."hether over or under 5 but less than 17 yrs old/ 2. That he deliberately fails to restore the said minor to his parents E. ELEMENTS O' IN UCIN( A MINOR TO ABAN ON HIS HOME: (227) 1. That the minor ."hether over or under 5/ is living in the home of his parents or guardians or the person entrusted "ith his custody 2. That the offender induces a minor to abandon such home Notes 1. Inducement must be actual, committed "ith criminal intent and determined by a "ill to cause damage 2. Minor should not leave his home of his o"n free "ill '. Mitigating if by father or mother '. ELEMENTS O' SLA)ERY: (222) 1. That the offender purchases. 0ells, kidnaps or detains a human being. 2. That the purpose of the offender is to enslave such human being.
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B. ELEMENTS O' ABAN ONIN( A MINOR: (226) 1. That the offender has the custody of a child. 2. That the child is under seven years of age. '. That he abandons such child. ). That he has no intent to kill the child "hen the latter is abandoned. $otes% 1. $onscious, deliberate, permanent, unless punishable by a more serious offense 2. Cualifying circumstances
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'. ELEMENTS O' TRESPASS TO 4ELLIN(: (236) 1. That the offender is a private person. 2. That he enters the d"elling of another. '. That such entrance is against the latter;s "ill. $otes 1. Cualifying circumstance if the offense is committed by means of violence or intimidation, the penalty is higher 2. There must be an opposition to the entry of the accused '. Implied prohibition is present considering the situation + late at night and everyone;s asleep or entrance "as made through the "indo" ). 6rohibition is not necessary "hen violence or intimidation is employed by the offender 2. %hen there is no overt act of the crime intended to be committed, this is the crime 4. May be committed even by the o"ner .as against the actual occupant/ 5. Not applicable to a. entrance is for the purpose of preventing harm to himself, the occupants or a third person b. purpose is to render some service to humanity or *ustice c. place is a cafD, tavern etc "hile open 7. &edina case "hen the accused entered the d"elling through the "indo", he had no intent to kill any person inside, but the intention to kill came to his mind "hen he "as being arrested by the occupants thereof, the crime of trespass to d"elling is a separate and distinct offense from frustrated homicide (. ELEMENTS O' OTHER 'ORMS O' TRESPASS: (237) 1. That the offender enters the closed premises or the fenced estate of another. 2. That the entrance is made "hile either of them is uninhabited. '. That the prohibition to enter be manifest. ). That the trespasser has not secured the permission of the o"ner or the caretaker thereof. H. (RA)E THREATS 4HERE O''EN ER ATTAINE HIS PURPOSE: (232) (cts punishable 1. &y threatening another "ith the infliction upon his person, honor or property that of his family of any "rong amounting to a crime and demanding money or imposing any other condition, even though not unla"ful and the offender .Note threat is "ith condition/ Elements a. That the offender threatens another person "ith the infliction upon the latter;s person, honor or property, or
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servant. 2. That he learns the secrets of his principal or master in such capacity. '. That he reveals such secrets. C. ELEMENTS O' RE)ELATION O' IN USTRIAL SECRETS: (252) 1. That the offender is a person in charge, employee or "orkman of a manufacturing or industrial establishment. 2. That the manufacturing or industrial establishment has a secret of the industry "hich the offender has learned. '. That the offender reveals such secrets. ). That the pre*udice is caused to the o"ner. TITLE TEN I. CRIMES A(AINST PROPERTY A. ELEMENTS O' ROBBERY IN (ENERAL: (253) 1. That there be personal property belonging to another. 2. That there is unla"ful taking of that property. '. That the taking must be "ith intent to gain, and ). That there is violence against or intimidation of any person, or force upon anything. $otes% 1. &elonging to another + person from "hom property "as taken need not be the o"ner, legal possession is sufficient 2. Name of the real o"ner is not essential so long as the personal property taken does not belong to the accused e9cept if crime is robbery "ith homicide '. Taking of personal property + must be unla"ful? if given in trust + estafa ). (s to robbery "ith violence or intimidation + from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unla"ful taking is complete 2. (s to robbery "ith force upon things + thing must be taken out of the building 4. Intent to gain + presumed from unla"ful taking 5. Taking must not be under the claim of title or o"nership 7. %hen there;s no intent to gain but there is violence in the taking + grave coercion
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B. ELEMENTS O' ROBBERY 4ITH )IOLENCE A(AINST OR INTIMI ATION O' PERSON: (25*) (cts punished as robbery "ith violence against or intimidation of persons &y reason or on occasion of the robbery, the follo"ing are committed 1. homicide 2. robbery accompanied "ith rape or intentional mutilation, 06I + insane, imbecile, impotent or blind '. 06I + lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for "ork habitually engaged in ). FiolenceAintimidation shall have been carried to a degree clearly unnecessary for the crime or "hen in the cause of its e9ecution + 06IAdeformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the "ork for I ,- days? I 'days 2. (ny kind of robbery "ith less serious physical in*uries or slight physical in*uries $otes% 1. special comple9 crimes .specific penalties prescribed/ a. R"==e#% >$t? ?"m$/$0e + if original design is robbery and homicide is committed + robbery "ith homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery "as committed after homicide as an afterthought + 2 separate offenses. 0till robbery "ith homicide + if the person killed "as an innocent bystander and not the person robbed and if death supervened by mere accident. b. R"==e#% >$t? #-.e + intent to commit robbery must precede rape. 6rosecution of the crime need not be by offended party + fiscal can sign the information. %hen rape and homicide co<e9ist, rape should be considered as aggravating only and the crime is still robbery "ith homicide
C. @UALI'IE ROBBERY 4ITH )IOLENCE OR INTIMI ATION (25+) $otes% 1. Must be alleged in the information 2. $an;t be offset by generic mitigating '. (rt 2,2 "ill not apply to robbery "A homicide, rape or 06I under par 1 of art 24' . ROBBERY BY A BAN : (256) $otes% 1. More than ' armed malefactors 2. 3iability for the acts of the other members of the band a. he "as a member of the band b. he "as present at the commission of a robbery by that band c. other members of the band committed an assault d. he did not attempt to prevent the assault '. $onspiracy to commit robbery "ith homicide + even if less than ) armed men ). $onspiracy to commit robbery only but homicide "as committed also on the occasion thereof + all members of the band are liable for robbery "ith homicide 2. $onspiracy is presumed "hen ) or more armed persons committed robbery 4. :nless the others attempted to prevent the assault + guilty of robbery by band only E. ATTEMPTE OR 'RUSTRATE ROBBERY 4ITH HOMICI E: (252) $otes% 1. %hether robbery is attempted or frustrated, penalty is the same 2. %here offense committed is attempted or frustrated robbery "ith serious physical in*uries + article )7 is applicable '. ELEMENTS O' E8ECUTION O' EE S BY MEANS O' )IOLENCE OR INTIMI ATION: (253) 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, e9ecute, or deliver any public instrument or document.
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(. ELEMENTS O' ROBBERY IN AN INHABITE HOUSE OR PUBLIC BUIL IN( OR E I'ICE E)OTE TO 4ORSHIP: (255) 1. That the offender entered .a/ an inhabited house, or .b/ public buildings, or .c/ edifice devoted to religious "orship. 2. That the entrance "as effected by any of the follo"ing means a. Through an opening not intended for entrance or egress. b. &y breaking any "all, roof, or floor or breaking any door or "indo". c. &y using false keys, picklocks or similar tools or. d. &y using any fictitious name or pretending the e9ercise of public authority. '. That once inside the building, the offender took personal property belonging to another "ith intent to gain. $otes% 1. Includes dependencies .stair"ays, hall"ays, etc./ 2. Inhabited house + any shelter, ship or vessel constituting the d"elling of one or more person even though temporarily absent + dependencies, courts, corals, barns, etc. '. N!T IN$3:8>8 + !=$#(=8, 3(N80 @!= $:3TIF(TI!N. ). Important for robbery by use of force upon things, it is necessary that offender enters the building or "here ob*ect may be found. N! >NT=J, N! =!&&>=J 2. >ntrance is necessary + mere insertion of hand is not enough ."hole body/? not to get out but to enter + therefore, evidence to such effect is necessary 4. ' v. (amahang + intent to rob being present is necessary 5. 6lace house or building? not car 7. 6ublic building + every building o"ned, rented or used by the government .though o"ned by private persons/ though temporarily vacant ,. Not robbery + passing through open door but getting out of a "indo" 1-. !utside door must be broken, smashed. Theft + if lock is merely removed or door "as merely pushed 11. '-lse Ae%s + genuine keys stolen from the o"ner or any keys other than those intended by the o"ner for use in the lock 12. P$/Al"/As + specially made, adopted for commission of robbery 1'. 1e% + stolen not by force, other"ise, it;s robbery by violence and intimidation against persons 1). '-lse Ae% + used in opening house and not furniture inside, other"ise, theft .for latter to be robbery., must be broken and not *ust opened/ 12. (en. RBle outside door. EC/e.t$"n inside door in a separate d"elling
4HAT IS AN UNINHABITE HOUSE; PUBLIC BUIL IN( OR BUIL IN( E ICATE TO RELI(IOUS 4ORSHIP AN THEIR EPEN ENCIES: (367) $otes% 1. dependencies + are all interior courts, corrals, "arehouses, granaries or enclosed places a. contiguous to the building b. having an interior entrance connected there"ith c. "hich form part of the "hole 2. Earage + must have ' re1uirements. >9ception orchardsAlands J. ELEMENTS O' ROBBERY IN AN UNINHABITE PLACE OR IN A PRI)ATE BUIL IN(: (362) 1. That the offender entered an uninhabited place or a building "hich "as not a d"elling house, not a public building, or not an edifice devoted to religious "orship. 2. that any of the follo"ing circumstances "as present a. That entrance "as effected through an opening not intended for entrance or egress. b. ( "all, roof, floor, or outside door or "indo" "as broken. c. The entrance "as effected through the use of false keys, picklocks or other similar tools. d. ( door, "ardrobe, chest, or any sealed or closed furniture or receptacle "as broken or e. ( closed or sealed receptacle "as removed, even if the same be broken open else"here. '. That "ith intent to gain the offender took therefrom personal property belonging to another. Notes
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1. ROBBERY O' CEREALS; 'RUITS OR 'IRE 4OO IN AN UNINHABITE PLACE OR PRI)ATE BUIL IN(: (363) L. ELEMENTS O' ILLE(AL POSSESSION O' PIC1LOC1S OR SIMILAR TOOLS: (36*) 1. That the offender has in his possession picklocks or similar tools. 2. That such picklocks or similar tools are specially adopted to the commission of robbery. '. That the offender does not have la"ful cause for such possession. $ote% (ctual use of the same is not necessary M. ELEMENTS O' 'ALSE 1EYS: (36+) 1. 6icklocks, etc. 2. Eenuine key stolen from o"ner. '. (ny key other than those intended by o"ner for use in the lock forcibly opened by the offender $otes% 1. 6ossession of false keys here not punishable 2. If key "as entrusted and used to steal, not robbery .not stolen/ II. BRI(AN A(E A. BRI(AN A(E: (366) &rigands + more than three armed persons forming a band PB#."se: a. =obbery in high"ay b b. Kidnapping for e9tortion or ransom. c. (ny other purpose to be obtained by means of force and violence. P#esBm.t$"n "! B#$,-n0-,e: a. if members of la"less band and possession of unlicensed firearms .any of them/ b. possession of any kind of arms .not *ust firearm/ BRI(AN A(E 6urposes are given Mere formation of a band for the above purpose ROBBERY IN BAN !nly to commit robbery, not necessarily in hi<"ay If the purpose is to commit a part robbery Necessary to prove that band actually committed robbery
B. ELEMENTS O' AI IN( AN ABETTIN( A BAN O' BRI(AN S: (362) 1. That there is a band of brigands. 2. That the offender kno"s the band to be of brigands. '. That the offender does any of the follo"ing acts a. he in any manner aids, abets or protects such band if brigands, or b. he gives them information of the movements of the police or other peace officers of the government or c. #e ac1uires or receives the property taken by such brigands. $otes% 1. 68 2'2 + brigandage. 0eiBure of any person for .a/ ransom? .b/ e9tortion or other unla"ful purpose? .c/ taking a"ay of property by violence or intimidation or force upon things or other unla"ful means 2. $ommitted by any person '. !n any 6hil hi<"ay III. THE'T A. ELEMENTS O' THE'T: (363) 1. That there be taking of personal property. 2. That said property belongs to another. '. That the taking be done "ith intent to gain. ). That the taking be done "ithout the consent of the o"ner. 2. That the taking be accomplished "ithout the use of violence against or intimidation of persons or force upon things. 6ersons liable 1. Those "ho a/ "ith intent to gain b/ but "ithout violence against or intimidation of persons not force upon things c/ take d/ personal property e/ of another f/ "ithout the latter;s consent 2. Those "ho a/ having found lost property b/ fail to deliver the same to local authorities or its o"ner Notes 1. =etention of moneyAproperty found is theft. =etention is failure to return .intent to gain/ 2. Kno"ledge of o"ner is not re1uired, kno"ledge of loss is enough '. @inder in la" is liable '. Those "ho a/ after having maliciously damaged the property of another b/ remove or make use of the fruits or ob*ect of the damage caused by them Note Killing of cattle of another "hich destroyed his property and getting meat for himself ). Those "ho a/ enter an enclosed estate or a field "here b/ trespass is forbidden or "hich belongs to another and, "ithout the consent of its o"ner c/ hunts or fish upon the same or gather fruits, cereals or other forest or farm products
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D,#-Ee -=BseH + high degree of confidence e.g. guests 2. no confidence, not 1ualified theft '. theft + material possession; estafa + *uridical possession ). FB-l$!$e0: if done by one "ho has access to place "here stolen property is kept e.g., guards, tellers 2. Novation theory applies only if there;s a relation 4. industrial partner is not liable for CT .estafa/ 5. "hen accused considered the deed of sale as sham .modus/ and he had intent to gain, his absconding is CT 7. see carnapping la" =( 42', ,. motor vehicle in kabit system sold to another<theft. Motor vehicle not used as 6: in kabit system but under K of lease<estafa 1-. m-$l m-tte# + private mail to be CT, Not postmaster + (rt. 224 11. theft of large cattle
E. ELEMENTS O' THE'T O' PROPERTY O' THE NATIONAL LIBRARY AN NATIONAL MUSEUM: (377) I). USURPATION A. ELEMENTS O' OCCUPATION O' REAL PROPERTY OR USURPATION O' REAL RI(HTS IN PROPERTY: (372) 1. That the offender takes possession of any real property or usurps any real rights in property. 2. That the real property or real rights belong to another. '. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. ). That there is intent to gain. B. ELEMENTS O' ALTERIN( BOUN ARIES OR LAN MAR1S: (373) 1. That there be boundary marks or monuments of to"ns, provinces, or estates, or any other marks intended to designate the boundaries of the same. 2. That the offender alters said boundary marks. ). CULPABLE INSOL)ENCY A. ELEMENTS O' 'RAU ULENT INSOL)ENCY: (37*) .culpable insolvency/ 1. That the offender is a debtor? that is, he "as obligations due and payable. 2. That he absconds "ith his property. '. That there be pre*udice to his creditors. )I. S4IN LIN( AN OTHER ECEITS A. ELEMENTS O' ESTA'A IN (ENERAL: (37+) 1. That the accused defrauded another .a./ by abuse of confidence, or .b/ or means of deceit and 2. That damage or pre*udice capable of pecuniary estimation is caused to the offended party or third person
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ESTA'A 4ITH ABUSE O' CON'I ENCE !ffenders are entrusted "ith funds or property and are continuing offenses @unds al"ays private !ffender private individual, or public officer not accountable $ommitted by misappropriating, converting, denying having received money
MAL)ERSATION offenders are entrusted "ith funds or property and are continuing offenses @unds public funds or property !ffender public officer accountable for public funds $ommitted by appropriating, taking, Misappropriating
E. ELEMENTS O' ESTA'A BY TA1IN( UN UE A )ANTA(E O' THE SI(NATURE IN BLAN1: (37+) 1. That the paper "ith the signature of the offended party be in blank. 2. That the offended party should have delivered it to offender. '. That above the signature of the offended party a document is "ritten by the offender "ithout authority to do so. ). That the document so "ritten creates a liability of, or causes damage to, the offended party or any third person. $ote% If the paper "ith signature in blank "as stolen + @alsification if by making it appear that he participated in a transaction "hen in fact he did not so participate '. ELEMENTS O' ESTA'A BY MEANS O' ECEIT: (37+) 1. that there must be a false pretense, fraudulent means must be made or e9ecuted prior to or 2. That such false pretense, fraudulent act or fraudulent means must be made or e9ecuted prior to or simultaneously "ith the commission of the fraud. '. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he "as induced to part "ith his money or property because of the false pretense, fraudulent act, or fraudulent means. ). That as a result thereof, the offended party suffered damage.
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B. ELEMENTS O' 1NO4IN(LY REMO)IN( MORT(A(E PERSONAL PROPERTY: (375) 1. that personal property is mortgaged under the chattel mortage la". 2. That the offender kno"s that such property is so mortaged. '. That he removes such mortgaged personal to any province or city other than the one in "hich it "as located at the time of the e9ecution of the mortgage. ). that the removal is permanent. 2. That there is no "ritten consent of the mortgagee or his e9ecutors, administration or assigns to such removal. )III. ARSON AN OTHER CRIMES IN)OL)IN( ESTRUCTIONS .$ote 68 141' e9pressly repealed or amended (rts '2-<'24, but 68 15)) revived (rt '2-/ A. ELEMENTS O' ARSONS O' PROPERTY O' SMALL )ALUES 1. That an uninhabited hut, storehouse, barn, shed or any other property is burned 2. That the value of the property burned does not e9ceed 22 pesos '. That the burning "as done at a time or under circumstances "hich clearly e9clude all danger of the fire spreading B. ELEMENTS O' CRIME IN)OL)IN( ESTRUCTION 1. That the offender causes destruction of the property 2. That the destruction "as done by means of a. e9plosion b. discharge of electric current c. inundation d. sinking or stranding of a vessel e. damaging the engine of the vessel f. taking up rails from the rail"ay track g. destroying telegraph "ires and posts or those of any other system h. other similar effective means of destruction C. ELEMENTS O' BURNIN( ONE9S PROPERTY AS A MEANS TO COMMIT ARSON 1. That the offender set fire to or destroyed his o"n property 2. That the purpose of the offender in doing so "as to commit arson or to cause a great destruction '. That the property belonging to another "as burned or destroyed . ELEMENTS O' ARSON 1. That the property burned is the e9clusive property of the offender
R. ELEMENTS O' S4IN LIN( A MINOR: (372) 1. That the offender takes advantage of the ine9perience or emotions or feelings of a minor. 2. That he induces such minor .a/ ro assume an obligation, or .b/ to give release, or .c/ to e9ecute a transfer of any property right. '. That the consideration is .a/ some loan of money .b/ credit or .c/ other personal property. ). That the transaction is to the detriment of such minor. S. ELEMENTS O' OTHER ECEITS: (373) 1. not mentioned above? 2. interpretation of dreams, forecast, future<telling for profit or gain. )II. CHATTEL MORT(A(E A. ELEMENTS O' SELLIN( OR PLE (IN( PERSONAL PROPERTY ALREA Y PLE (E : (375)
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B. RE@UIREMENT O' PUBLICITY: (3+*) Kinds of privileged communication a. (bsolutely privileged + not actionable even if the actor has acted in bad faith b. Cualifiedly privileged + those "hich although containing defamatory imputations could not be actionable unless made "ith malice or bad faith General Rule: >very defamatory imputation is presumed malicious even if it be true, if no good intention and *ustifiable motive for making it is sho"n Exception: a. private communication in performance of legal, moral or social duty =e1uisites 1. that the person "ho made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld 2. that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter
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