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Title Ten Crimes Against Property: Article 293. Who Are Guilty of Robbery
Title Ten Crimes Against Property: Article 293. Who Are Guilty of Robbery
Article 293. Who are guilty of robbery Chapter Eight – ARSON AND OTHER CRIMES INVOLVING
DESTRUCTION (REPEALED BY PD 1613 and RA 7659)
Section One – Robbery with violence against or
intimidation of persons Article 320. Destructive arson
Article 294. Robbery with violence against or Article 321. Other forms of arson
intimidation of persons Article 322. Cases of arson not included in the
Article 295. Robbery with physical injuries, committed preceding articles
in an uninhabited place and by a band, or with the Article 323. Arson of property of small value
use of firearm on a street, road or alley Article 324. Crimes involving destruction
Article 296. Definition of a band and penalty incurred Article 325. Burning one’s own property as means to
by the members thereof commit arson
Article 297. Attempted and frustrated robbery Article 326. Setting fire to property exclusively owned
committed under certain circumstances by the offender
Article 298. Execution of deeds by means of violence Article 326-A. In cases where death resulted as a
or intimidation consequence of arson
Article 326-B. Prima facie evidence of arson
Section Two – Robbery by the use of force upon things
Article 299. Robbery in an inhabited house or public Chapter Nine – MALICIOUS MISCHIEF
building or edifice devoted to worship
Article 300. Robbery in an uninhabited place and by a Article 327. Who are liable for malicious mischief
band Article 328. Special cases of malicious mischief
Article 301. What is an inhabited house, public Article 329. Other mischiefs
building, or building dedicated to religious Article 330. Damage and obstruction to means of
worship and their dependencies communication
Article 302. Robbery in an uninhabited place or in a Article 331. Destroying or damaging statues, public
private building monuments or paintings
Article 303. Robbery of cereals, fruits, or firewood in
an uninhabited place or private building Chapter Ten – EXEMPTION FROM CRIMINAL LIABLITY IN
Article 304. Possession of picklocks or similar tools CRIMES AGAINST PROPERTY
Article 305. False keys
Article 333. Persons exempt from criminal liability
Chapter Two – BRIGANDAGE
Article 308. Who are liable for theft 1. There is personal property belonging to
Article 309. Penalties another;
Article 310. Qualified theft
2. There is unlawful taking of that property;
Article 311. Theft of the property of the National
Library and National Museum 3. The taking must be with intent to gain; and
4. There is violence against or intimidation of
Chapter Four – USURPATION any person, or force upon anything.
Article 312. Occupation of real property or usurpation The property taken must be personal property, for if
of real rights in property real property is occupied or real right is usurped
Article 313. Altering boundaries or landmarks by means of violence against or intimidation of
person, the crime is USURPATION.
Chapter Five – CULPABLE INSOLVENCY
The phrase “belonging to another” means that the
Article 314. Fraudulent insolvency property taken does not belong to the offender.
The person from whom the property is taken
Chapter Six – SWINDLING AND OTHER DECEITS need not be the owner. Possession of the
property is sufficient.
Article 315. Swindling (Estafa) The unlawful taking of personal property is an
Article 316. Other forms of swindling essential part of the crime of robbery. Where the
Article 317. Swindling a minor
taking was lawful and the unlawful
Article 318. Other deceits
People v. Hernandez, 432 SCRA 104 (2004) People v. Ranis, 389 SCRA 45 (2002)
FACTS: Catapang and Hernandez dragged 72 year- FACTS: While Marivic and Ben with their baby
old Natividad Mendoza, in the direction of a forested area were watching television in their bedroom, Murphy and
where there were also mango and coconut trees. The two Sabiyon, both armed with bladed weapons, suddenly
took the money and jewelry of Natividad while she was entered their unlocked bedroom. Murphy poked a knife at
lying on the ground. Thereafter, Catapang and Hernandez her neck while Ernesto straddled on top of Ben who was
strangled Natividad to death with the use of a white rope then lying in bed. Murphy asked for the proceeds of the
made of buri/vine string. land Ben sold and some jewelry but Marivic told him that
they only had P2,000 in their possession. Murphy then took
HELD: The Court held that appellant is guilty of the P2,000 and several pieces of luxury watches and
robbery with homicide under Article 294, paragraph 1 of jewelry. After taking the money and jewelry, both accused
HELD: The trial court inaccurately designated the HELD: Once conspiracy is established between
crime committed as "robbery with homicide and rape." two accused in the commission of the crime of robbery,
When the special complex crime of robbery with homicide they would be both equally culpable for the rape
is accompanied by another offense like rape or intentional committed by one of them on the occasion of the robbery,
mutilation, such additional offense is treated as an unless any of them proves that he endeavored to prevent
aggravating circumstance which would result in the the other from committing the rape. The rule in this
imposition of the maximum penalty of death. The Court jurisdiction is that whenever a rape is committed as a
cited the case of People vs. Lascuna, where it was held consequence, or on the occasion of a robbery, all those
that “We agree with the Solicitor General's observation who took part therein are liable as principals of the crime
that the crime committed was erroneously designated as of robbery with rape, although not all of them took part in
robbery with homicide, rape and physical injuries. The the rape. Appellants are guilty beyond reasonable doubt of
proper designation is robbery with homicide aggravated by the crime of Robbery with Rape punished under Article 294
rape. When rape and homicide co-exist in the commission (1) of the Revised Penal Code.
of robbery, it is the first paragraph of Article 294 of the
Revised Penal Code which applies, the rape to be People v. Moreno, 374 SCRA 667 (2002)
considered as an aggravating circumstance. . . .
The special complex crime of robbery with rape
People v. Domingo, 383 SCRA 43 (2002) defined in Article 293 in relation to paragraph 2 of Article
294 of the Revised Penal Code, as amended, employs the
FACTS: Appellant Domingo Temporal, Pedro, clause "when the robbery shall have been accompanied
Valdez, and Rivera went to the house of Spouses Valentin with rape." In other words, to be liable for such crime, the
and Clara Gabertan, armed with a piece of bamboo, 2x2 offender must have the intent to take the personal
piece of wood, ipil-ipil posts and bolo, They assaulted and property of another under circumstances that makes the
clubbed Valentin with their weapons, weakening and taking one of robbery, and such intent must precede the
injuring him. Eventually they stole from the Gabertan rape. If the original plan was to commit rape, but the
Robbery w/ Intimidation vs. Theft (2002) Held: NO. The detention of the victims was a necessary
A entered the house of another without employing force or means to facilitate and carry out the crime of robbery.
violence upon things. He was seen by a maid who wanted to The victims were not held as a security to facilitate their
scream but was prevented from doing so because A escape or to insure their security against the police, but
threatened her with a gun. A then took money and other deliberately, as a means of extortion of the amount asked.
valuables and left. Is A guilty of theft or of robbery? Explain.
(3%)
SUGGESTED ANSWER: Article 296. Definition of a band and penalty
A is liable for robbery because of the intimidation he
incurred by the members thereof
employed on the maid before the taking of the money and
other valuables. It is the intimidation of person relative to
the taking that qualifies the crime as robbery, instead of Requisites for liability for the acts of the other
simply theft. The non-employment of force upon things is of members of the band:
no moment because robbery is committed not only by
employing force upon things but also by employing violence 1. He was a member of the band;
against or intimidation of persons. 2. He was present at the commission of a robbery
by that band;
Article 295. Robbery with physical injuries, 3. The other members of the band committed an
committed in an uninhabited place and by a assault;
band, or with the use of firearm on a street, 4. He did not attempt to prevent the assault.
road or alley
When the robbery was not committed by a band,
Robbery with violence against or intimidation of the robber who did not take part in the assault
person is qualified if it is committed: by another is not liable for that assault.
When the robbery was not by a band and
1. In an uninhabited place; homicide was not determined by the accused
2. By a band; when they plotted the crime, the one who did not
3. By attacking a moving train, street car, motor participate in the killing is liable for robbery only.
vehicle, or airship; It is only when the robbery is in band that
4. By entering the passengers’ compartments in a all those present in the commission of the
train, or in any manner taking the passengers robbery may be punished for any of the
thereof by surprise in the respective assaults which any of its members might
conveyances; or commit.
5. On a street, road, highway or alley, and the But when there is conspiracy to commit homicide
intimidation is made with the use of firearms, the and robbery, all the conspirators, even if less
offender shall be punished by the maximum than 4 armed men, are liable for the special
periods of the proper penalties prescribed in complex crime of robbery with homicide.
Article 294. Art 296 is not applicable to principal by
inducement, who was not present at the
Subdivision (b)
Held: The killing of the police officer was not by reason or “uninhabited place” = uninhabited
on the occasion of the robbery, hence only the person who
building
shot such officer should be liable for the killing.
The information must allege that
the store was used and occupied as a dwelling;
Article 300. Robbery in an uninhabited place
otherwise, the robbery should be considered as
and by a band
having been perpetrated in an uninhabited place
under Art 302.
Robbery in an inhabited house, public building or
“building” = includes any kind of
edifice devoted to religious worship is qualified
structure used for storage or safekeeping of
when committed by a band AND in an
personal property, such as freight car and
uninhabited place. The 2 qualifications must
warehouse.
concur.
The use of fictitious name or
The inhabited house, public building, or edifice
pretending the exercise of public authority is not
devoted to religious worship must be located in
a means of entering the building under this
an uninhabited place.
article, because the place is uninhabited.
Robbery with force upon things, in order to be
The receptacle must be “closed” or
qualified, must be committed in an uninhabited
“sealed”. Thus, if a person opened without
place AND by a band; while robbery with
breaking a closed but not locked chest and took
violence against or intimidation of persons must
personal property therefrom, it is only THEFT.
be committed in an uninhabited place OR by a
Penalty is based only on value of
band.
property taken.
If the store is used as a dwelling of
1 or more persons, the robbery committed
Article 301. What is an inhabited house, public
therein would be considered as committed in an
building, or building dedicated to religious
inhabited house under Art 299.
worship and their dependencies
If the store was not actually
occupied at the time the robbery took place and
3 requisites for “dependencies”: (1) must be
was not used as a dwelling, since the owner lived
contiguous to the building, (2) must have an
in a separate house, the robbery committed
interior entrance connected therewith, and (3)
therein is punished under Art 302.
must form part of the whole.
If the store is located on the ground
Orchards or other lands used for cultivation or
floor of the house belonging to the owner of the
production are not included in the term
store, having an interior entrance connected
“dependencies”.
therewith, it is a dependency of an inhabited
house and the robbery committed therein is
punished under the last par of Art 299.
Article 302. Robbery in an uninhabited place or
in a private building
Article 303. Robbery of cereals, fruits, or
Elements:
firewood in an uninhabited place or private
building
1. Offender entered an uninhabited place or a
building which was not a dwelling house, not a
Penalty is one degree lower if cereals, fruits or
public building, or not an edifice devoted to
firewood are taken in robbery with force upon
religious worship;
things.
2. Any of the following circumstances was present:
“cereal” = palay or other seedlings
Article 304. Possession of picklocks or similar "Body-building" is a job undertaken on a motor vehicle in
tools order to replace its entire body with a new body.
1. Offender has in his possession picklocks or "Dismantling" is the tearing apart, piece by piece or part by
similar tools; part, of a motor vehicle.
2. Such picklock or similar tools are especially
adopted to the commission of robbery; "Overhauling" is the cleaning or repairing of the whole
3. Offender does not have lawful cause for such engine of a motor vehicle by separating the motor engine
possession. and its parts from the body of the motor vehicle.
"Carnapping" is the taking, with intent to gain, of a motor SECTION 4. Permanent Registry of Motor Vehicle Engines,
vehicle belonging to another without the latter's consent, or Engine Blocks and Chassis. — The Land Transportation
by means of violence against or intimidation of persons, or Commission shall keep a permanent registry of motor vehicle
by using force upon things. engines, engine blocks and chassis of all motor vehicles,
specifying therein their type, make and serial numbers and
"Motor vehicle" is any vehicle propelled by any power other stating therein the names and addresses of their present
than muscular power using the public highways, but and previous owners. Copies of the registry and of all entries
excepting road rollers, trolley cars, street-sweepers, made thereon shall be furnished the Philippine Constabulary
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, and all Land Transportation Commission regional, provincial
amphibian trucks, and cranes if not used on public and city branch offices: Provided, That all Land
highways, vehicles, which run only on rails or tracks, and Transportation Commission regional, provincial and city
tractors, trailers and traction engines of all kinds used branch offices are likewise obliged to furnish copies of all
exclusively for agricultural purposes. Trailers having any registration of motor vehicles to the main office and to the
number of wheels, when propelled or intended to be Philippine Constabulary.
propelled by attachment to a motor vehicle, shall be
classified as separate motor vehicle with no power rating. SECTION 5. Registration of Sale, Transfer, Conveyance,
Substitution or Replacement of a Motor Vehicle Engine,
"Defacing or tampering with" a serial number is the erasing, Engine Block or Chassis. — Every sale, transfer, conveyance,
scratching, altering or changing of the original factory- substitution or replacement of a motor vehicle engine,
inscribed serial number on the motor vehicle engine, engine engine block or chassis of a motor vehicle shall be registered
block or chassis of any motor vehicle. Whenever any motor with the Land Transportation Commission. Motor vehicles
vehicle is found to have a serial number on its motor engine, assembled and rebuilt or repaired by replacement with
engine block or chassis which is different from that which is motor vehicle engines, engine blocks and chassis not
listed in the records of the Bureau of Customs for motor registered with the Land Transportation Commission shall
vehicles imported into the Philippines, that motor vehicle not be issued certificates of registration and shall be
shall be considered to have a defaced or tampered with considered as untaxed imported motor vehicles or motor
serial number. vehicles carnapped or proceeding from illegal sources.
"Repainting" is changing the color of a motor vehicle by SECTION 6. Original Registration of Motor Vehicles. — Any
means of painting. There is repainting whenever the new person seeking the original registration of a motor vehicle,
whether that motor vehicle is newly assembled or rebuilt or
SECTION 14. Penalty for Carnapping. — Any person who Highway Robbery
is found guilty of carnapping, as this term is defined in
Section two of this Act, shall, irrespective of the value of
P.D. 532
motor vehicle taken, be punished by imprisonment for not
Anti-Piracy and Anti-Highway Robbery Law of 1974
less than fourteen years and eight months and not more
than seventeen years and four months, when the
SECTION 2. Definition of Terms. — The following terms
carnapping is committed without violence or intimidation of
shall mean and be understood, as follows:
persons, or force upon things; and by imprisonment for not
less than seventeen years and four months and not more
a. Philippine Waters. — It shall refer to all bodies of
than thirty years, when the carnapping is committed by
water, such as but not limited to, seas, gulfs, bays
means of violence against or intimidation of any person, or
around, between and connecting each of the Islands of
force upon things; and the penalty of life imprisonment to
the Philippine Archipelago, irrespective of its depth,
death shall be imposed when the owner, driver or occupant
breadth, length or dimension, and all other waters
of the carnapped motor vehicle is killed in the commission of
belonging to the Philippines by historic or legal title,
the carnapping.
including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the
SECTION 15. Aliens. — Aliens convicted under the
Philippines has sovereignty or jurisdiction.
provisions of this Act shall be deported immediately after
b. Vessel. — Any vessel or watercraft used for transport of
service of sentence without further proceedings by the
passengers and cargo from one place to another
Deportation Board.
through Philippine Waters. It shall include all kinds and
types of vessels or boats used in fishing.
c. Philippine Highway. — It shall refer to any road, street,
People vs. Dela Cruz passage, highway and bridges or other parts thereof, or
railway or railroad within the Philippines used by
The crime of carnapping with homicide is committed when persons, or vehicles, or locomotives or trains for the
there is taking, with intent to gain of a motor vehicle which movement or circulation of persons or transportation of
belonged to another, without the latter’s consent or by goods, articles, or property or both.
means of violence against or intimidation of persons, or by d. Piracy. — Any attack upon or seizure of any vessel, or
using force upon things. the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
Izon vs. People thereof, by means of violence against or intimidation of
persons or force upon things, committed by any
A motorised tricycle is a motor vehicle, which is defined as person, including a passenger or member of the
any vehicle propelled by any power other than muscular complement of said vessel, in Philippine waters, shall
power using public highways. Public highways are those
be considered as piracy. The offenders shall be
free for the use of every person, thus not limited to a
considered as pirates and punished as hereinafter
national road connecting various towns.
provided.
e. Highway Robbery/Brigandage. — The seizure of any
Anti-Carnapping Act; Carnapping w/ Homicide person for ransom, extortion or other unlawful
(1998) purposes, or the taking away of the property of another
Samuel, a tricycle driver, plied his usual route using a by means of violence against or intimidation of person
Honda motorcycle with a sidecar. One evening, Raul rode on or force upon things of other unlawful means,
the sidecar, poked a knife at Samuel and instructed himto go committed by any person on any Philippine Highway.
near the bridge. Upon reaching the bridge, Raul alighted
from the motorcycle and suddenly stabbed Samuel several SECTION 3. Penalties. — Any person who commits piracy
times until he was dead. Raul fled from the scene taking the
Presumptions
1. Unauthorized Fishing or Engaging in Other 5. Use of Active Gear in the Municipal Waters and Bays and
Unauthorized Fisheries Activities Other Fishery Management Areas
(a) exploiting, breeding fish in Philippine waters without a (a) fishing in municipal waters and in all bays as well as
license other fishery management areas using active fishing gears
Discovery of any person in an area where he has no
permit or registration papers for a fishing vessel shall 6. Ban on Coral Exploitation and Exportation
constitute a prima facie presumption that the person and/or (a) selling or exporting ordinary precious and semi-precious
vessel is engaged in unauthorized fishing: BUT, fishing for corals, whether raw or in processed form, except for
daily food sustenance or for leisure which is not for scientific or research purposes.
commercial, occupation or livelihood purposes may be The confiscated corals shall either be returned to the sea
allowed. or donated to schools and museums for educational or
(b) fishing by commercial fishing vessels in fishery scientific purposes or disposed through other means.
management areas declared as over exploited
(c) engaging in any commercial fishing activity in municipal 7. Ban on Muro-Ami, Other Methods and Gear Destructive
waters when not listed in the registry of municipal fisherfolk to Coral Reefs and Other Marine Habitat
(a) fishing with gear method that destroy coral reefs,
seagrass beds, and other fishery marine life habitat as may
2. Poaching in Philippine Waters be determined by the Department
(a) foreign person fishing or operating a fishing vessel in (b) using "Muro-Ami" and any of its variation, and such
Philippine waters similar gear and methods that require diving, other physical
The entry of any foreign fishing vessel in Philippine waters or mechanical acts to pound the coral reefs and other habitat
shall constitute a prima facie evidence that the vessel is to entrap, gather or catch fish and other fishery species
engaged in fishing in Philippine waters. (c) gathering, selling or exporting white sand, silica, pebbles
and other substances which make up any marine habitat
3. Fishing Through Explosives, Noxious or Poisonous
Substance, and/or Electricity 8. Illegal Use of Superlights
(a) fishing in Philippine waters with the use of electricity, (a) fishing with the use of superlights in municipal waters or
explosives, noxious or poisonous substance such as sodium in violation of the rules and regulations which may be
cyanide in the Philippine fishery areas, which will kill, promulgated by the Department on the use of superlights
stupefy, disable or render unconscious fish or fishery species outside municipal waters
The Department, subject to safeguards and conditions
deemed necessary and endorsement from the concerned 9. Conversion of Mangroves
LGUs, may allow, for research, educational or scientific (a) converting mangroves into fishponds or for any other
purposes only, the use of electricity, poisonous or noxious purposes
substances to catch, take or gather fish or fishery species:
The use of poisonous or noxious substances to eradicate 10. Fishing in Overfished Area and During Closed Season
predators in fishponds in accordance with accepted scientific
practices and without causing adverse environmental impact
11. Fishing in Fishery Reserves, Refuge and Sanctuaries
in neighboring waters and grounds shall not be construed as
illegal fishing.
(b) dealing in fish illegally caught 12. Fishing or Taking of Rare, Threatened or Endangered
The discovery of explosives or equipment for electro- Species
fishing in any fishing vessel or in the possession of any
fishworker shall constitute prima facie evidence, that the 13. Capture of Sabalo and Other Breeders/Spawners
same was used for fishing in violation of this Code. However, catching of sabalo and other breeders/spawners
The discovery in any fishing vessel of fish caught or killed for local breeding purposes or scientific or research purposes
with the use of explosive, noxious or poisonous substances may be allowed subject to guidelines to be promulgated by
or by electricity shall constitute prima facie evidence that the the Department.
fisherfolk, operator, boat official or fishworker is fishing with
the use thereof. 14. Exportation of Breeders, Spawners, Eggs or Fry
(c) Mere possession of explosive, noxious or poisonous
substances or electrofishing devices for illegal fishing 15. Importation or Exportation of Fish or Fishery Species
(d) Actual use of explosives, noxious or poisonous
substances or electrofishing devices for illegal fishing
Penalty is without prejudice to the filing of separate 16. Violation of Catch Ceilings
criminal cases when the use of the same result to physical
injury or loss of human life. 17. Aquatic Pollution
21. Obstruction to Fishery Law Enforcement Officer Penalties for qualified theft are now next HIGHER BY
2 DEGREES.
Theft by domestic servant is always qualified. it is
not necessary to prove grave abuse of
Hizon vs. CA
confidence.
Some fish were taken from a fishing boat that tested The abuse of confidence must be grave. There must
positive for sodium cyanide. The accused were convicted be allegation in the information and proof of a
for illegal fishing using poisonous substances under PD 703, relation, by reason of dependence, guardianship
which creates a prima facie presumption of guilt when any or vigilance, between the accused and the
fish taken is positive for poisonous substances. Petitioners
offended party, that has created a high degree of
question the legality of the presumption. SC held that the
presumption is only prima facie hence, rebuttable by confidence between them, which the accused
competent evidence. abused.
The grave abuse of confidence need not be
Illegal Fishing - PD 704 (1996) premeditated. Its presence in the commission of
Upon a laboratory examination of the fish seized by the theft is sufficient.
police and agents of the Fisheries Commission, it was The confidence gravely abused must be that existing
indubitably determined that the fish they were selling were between offended party and the offender.
caught with the use of explosives. Accordingly, the three
vendors were criminally charged with the violation of Section
33 of P.D. 704 which makes it unlawful for any person to
knowingly possess, deal in, or sell for profit any fish which Empelis vs. IAC
have been illegally caught. During the trial, the three
4 accused were seen carrying away 50 coconuts from a
vendors claimed that they bought the fish from a fishing
plantation. They dropped the coconuts after being seen by
boat which they duly identified. The prosecution however
the owner. They were convicted of qualified theft. SC
claimed that the three vendors should nevertheless be held
held that they are guilty only of FRUSTRATED QUALIFIED
liable for the offense as they were the ones caught in THEFT as they were not able to carry away the coconuts
possession of the fish illegally caught. On the basis of the from the plantation that is the gravamen of the offence
above facts, if you were the judge, would you convict the under Art 310.
three fish vendors? Explain.
SUGGESTED ANSWER:
No, I would not convict the three fish vendors if I were the People vs. Cañales
judge. Mere possession of such fish without knowledge of
the fact that the same were caught with the use of Facts: Accused are employees of First Base Corp. They
explosives does not by itself render the seller-possessor stole a truck and 700 cartons of frozen prawn from the
criminally liable under P.D. 704. Although the act penalized company. They were tasked to deliver the prawns to the
in said Decree may be a malum prohibitum, the law punishes pier using the truck. The truck, however, was
the possession, dealing in or selling of such fish only when subsequently recovered. Was there qualified theft as to
"knowingly" done that the fish were caught with the use of the recovered truck?
explosives; hence criminal intent is essential. The
claim by the fish vendors that they only bought the fish Held: The recovery of the stolen motor vehicle does not
from fishing boats which they "duly identified", renders mean that the crime of qualified theft was not
their possession of such fish innocent unless the consummated. Neither will it diminish the criminal
prosecution could prove that they have knowledge that responsibility of appellant. In People v. Carpio: The gist
explosives were used in catching such fish, and the accused of the offense of larceny consists in the furtive taking
FACTS: Ruben Sison first joined the Auditing Astudillo v. People (2006)
Department of the Philippine Commercial International
Bank (PCIB) in December 1977. He rose from the ranks and Mere circumstance that petitioners were employees of
was promoted to the position of Assistant Manager and Western does not suffice to create the relation of
concurrently held the position of Branch Operation Officer. confidence and intimacy that the law requires. The
As such, he was assigned to different branches until his last element of grave abuse of confidence requires that
detail at the PCIB Luneta Branch in February 1991. He was there be a relation of independence, guardianship or
the primary control officer directly responsible for the day vigilance between the petitioners and Western.
to day operations of the branch, including custody of the Petitioners were not tasked to collect or receive
cash vault. Sison facilitated the crediting of two (2) payments. They had no hand in the safekeeping,
fictitious remittances in the amounts of P3,250,000.00 and preparation and issuance of invoices. They merely assisted
P4,755,000.00 in favor of Solid Realty Development customers in making a purchase and in demonstrating the
Corporation, an equally fictitious account, and then later merchandise to prospective buyers. While they had access
the withdrawal of P6,000,000.00 from the PCIB Luneta to the merchandise, they had no access to the cashier’s
Branch. He was charged and found guilty of qualified theft. booth or to the cash payments subject of the offense.
HELD: The appeal has no merit. The trial court front of his working place in Makati and, upon inspecting
correctly convicted appellant of Qualified Theft on the it, saw the name and address of the owner engraved on the
basis of circumstantial evidence. Ultimately, the inside. Remembering his parents' admonition that he
combination of all the incriminating facts proven by the should not take anything which does not belong to him, he
prosecution and the logical inferences derived therefrom delivered the bracelet to PO1 Jesus Reyes of the Makati
leave no doubt in Our mind that appellant, with grave Quad precinct with the instruction to locate the owner and
abuse of confidence, conceived and accomplished the theft return it to him. PO1 Reyes, instead, sold the bracelet and
of P6,000,000.00 from the PCIB Luneta Branch. misappropriated the proceeds. Subsequent events brought
The crime perpetuated by appellant against his out the fact that the bracelet was dropped by a snatcher
employer, the Philippine Commercial and Industrial Bank
who had grabbed it from the owner a block away from
(PCIB), is qualified theft. Appellant could not have
where Francis had found it and further investigation traced
committed the crime had he not been holding the position
the last possessor as PO1 Reyes. Charged with theft, PO1
of Luneta Branch Operation Officer which gave him not
Reyes reasoned out that he had not committed any crime
only sole access to the bank vault but also control of the
access of all bank employees in that branch, except the because it was not he who had found the bracelet and,
Branch Manager, to confidential and highly delicate moreover, it turned out to have been stolen. Resolve the
computerized security systems designed to safeguard, case with reasons. (10%)
among others, the integrity of telegraphic fund transfers SUGGESTED ANSWER:
and account names of bank clients. The management of the Charged with theft, PO1 Reyes is criminally liable. His
PCIB reposed its trust and confidence in the appellant as its contention that he has not committed any crime because
Luneta Branch Operation Officer, and it was this trust and he was not the one who found the bracelet and it turned
confidence which he exploited to enrich himself to the out to be stolen also, is devoid of merit. It is enough that
damage and prejudice of PCIB in the amount of the bracelet belonged to another and the failure to restore
P6,000,000.00. the same to its owner is characterized by intent to gain.
The act of PO1 Reyes of selling the bracelet which does
Clearance/Permit to Sell/Used Second Hand Articles 1. Taking possession of any real property
is required belonging to another by means of violence
All stores, establishments or entities dealing in the buy and against or intimidation of persons;
sell of any good, article, item, object of anything of
2. Usurping any real rights in property
value obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the belonging to another by means of violence
public, secure the necessary clearance or permit from against or intimidation of persons.
the station commander of the Integrated National
Elements:
1. In the case of goods or documents, The 4th element is not necessary where there is
a) to sell the goods or procure their sale; or evidence of misappropriation of goods by the
b) to manufacture or process the goods with the defendant
purpose of ultimate sale: Provided, That, in the
Check is included in the word "money"
case of goods delivered under trust receipt for the
purpose of manufacturing or processing before its
Money/goods must be received by the offender.
ultimate sale, the entruster shall retain its title Otherwise, crime is THEFT (taking without
over the goods whether in its original or processed consent of owner)
form until the entrustee has complied fully with his hence, offender must have material AND juridical
obligation under the trust receipt; or possession of the thing
c) to load, unload, ship or tranship or otherwise deal JURIDICAL POSSESSION: means a possession
with them in a manner preliminary or necessary to which gives the transferee a right over the thing
their sale; or
which the transferee may set up even against the
2. In the case of instruments,
a) to sell or procure their sale or exchange; owner.
or
b) to deliver them to a principal; or "involving the duty to return the same" includes
c) to effect the consummation of some a. quasi-contracts and
"to the prejudice of another"- not necessarily the Private individual allegedly in
owner of the property conspiracy with public officer in a prosecution of
Partnerships: the latter for malversation, may still be held liable
Where a partner sold partnership property for Estafa even if the public officer was acquitted.
and misappropriates the selling price only Misappropriation of firearms
gives rise to civil obligation only (it is a debt received by a policeman is Estafa, if it is not
due to a partner as part of partnership involved in the commission of a crime. It is
funds) malversation, if it is involved in the commission
Partner given money to be used for a of a crime.
specific purpose then misappropriated it
estafa
Saddul v. CA
A co-owner is not liable for estafa during the
subsistence of the co-ownership Saddul was authorized to sell some car parts. 20% of the
proceeds from sale would go to AMPI.
Art 314 par 1 (b) is the ONLY kind of estafa
where demand is necessary. Although it is not HELD: NOT guilty of estafa. Saddul did not receive the
required by law, it is necessary because failure to parts from AMPI in trust (received it from another party
which was the owner of the parts). Saddul did not convert
Lu Hayco deposited P139,000 paid by customers of the To secure a conviction for estafa under par. 2(a) of Art.
Units Optical, not in the company's banks but in his own 315 of the RPC, the following requisites must concur:
personal accounts. After 2 demand letters were ignored, a that the accused made false pretenses or
criminal complaint for estafa thru falsification of a public fraudulent representations as to his power, influence,
document was filed against Lu Hayco. qualifications, property, credit, agency, business or
imaginary
To make a very long story short, the first case of estafa that such false premises or fraudulent
was dismissed but many more ensued (as many as 75 representations constitute the very cause which
counts, I think). Eventually, he was convicted. Lu Hayco induced the offended party to part with his money or
argues, among others, that there is no estafa since the property, and that as result thereof, the offended
element of misappropriation or conversion was not proven. party suffered damage.
HELD: The disturbance in property rights caused by All these requisites are present in this case. The deliberate
misappropriation, though only temporary, is itself sufficient concealment by Salcedo of the fact that his company was
to constitute injury within the meaning of Art. 315(l -b) of no longer authorized to engage in the business of insurance
the RPC. In U.S. v. Goyenechea (8 Phil. 117), the defendant when he signed and issued the fire insurance policy and
pledged a typewriter belonging to McCullough & Co. to the collected the premium payment constitutes false
American Loan Company. Because of said act, the representations or false pretenses, upon which the
typewriter was seized by the police, and taken into court. complainant relied when he paid the premium.
Throughout the trial, McCullough & Co. was placed in a
doubtful position as to its right over the typewriter. [The People v. Remullo, 383 SCRA 93 (2002)
SC] held that: “McCullough & Co. at least suffered
disturbance in its property rights in the said typewriter and FACTS: Quinsaat, Cadacio, and Mejia went to
in the possession thereof. This fact, by itself, and without
appellant's house sometime in March 1993, where Remullo
it being necessary to deal with any other considerations of
told them she was recruiting factory workers for Malaysia.
material fact herein, always constitutes real and actual
Remullo told them to fill up application forms and to go to
damage, and is positive enough under rule of law to
produce one of the elements constituting the offense, the the office of Jamila and Co., the recruitment agency where
crime of estafa.” Remullo allegedly worked. Remullo also required each
applicant to submit a passport, pictures, and clearance from
the NBI; and then to undergo a medical examination ‘The
Hence, damage fell on B, the first purchaser, The offended party must have been deceived, that is,
while deceit was practiced against C, second he would not have granted the loan had he known
purchaser. A will still be liable under Art 316 par 1 if B that the property was already encumbered.
files a crim case.
When the loan HAD ALREADY BEEN GRANTED
Mere intent to cause damage NOT sufficient. There when defendant later offered the property as security
must be actual damage. In fact, fine prescribed is for the payment of the loan, Article 316, par 2 is NOT
based on the damage caused applicable
Art 316 par 1 vs. Art 315 par 2(a) Conflicting jurisprudence: "Although such
encumbrance be not recorded"
Art 316 par 1: the offender exercises acts of
ownership over the property as part of the false Notwithstanding this phrase, some cases held that
representation. On the other hand, Art 315 par 2(a) the encumbrance must be legally constituted! In
does not need this circumstance. these cases, since the encumbrances were NOT
registered, accused were acquitted.
Example: Example:
A person who simulates (consideration is
Accused pawned his watch to complainant. Later, fictitious) a conveyance to another for the purpose of
pretending to redeem watch, accused asked offended defrauding a creditor.
party to give him the watch. Once getting hold of his
watch, he ran away without paying the loan. Note: The example above may become a crime of
fraudulent insolvency (Art 314) if the conveyance is
Note: not theft an owner cannot be held guilty real and made for a consideration.
of theft of his own property.
Elements:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a minor. PRESIDENTIAL DECREE NO. 1689
2. That he induces such minor to:
Increasing The Penalty For Certain Forms Of Swindling Or
a. assume an obligation Estafa
b. to give release, or
c. to execute a transfer of any property right Any person or persons who shall commit estafa or other
3. That the consideration is forms of swindling as defined RPC 315 and 316 shall be
a. some loan of money punished by life imprisonment to death if the swindling
b. credit, or (estafa) is committed by a syndicate consisting of five or
c. other personal property more persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme,
4. That the transaction is to the detriment of such
and the defraudation results in the misappropriation of
minor. money contributed by stockholders, or members of rural
banks, cooperative, "samahang nayon(s)", or farmers
Note: Only personal property, since a minor can not association, or of funds solicited by corporations/associations
convey real property from the general public.
SECTION 8. Confiscation of Object of Arson. - The NOTE: The laws on arson in force today are P.D.
building which is the object of arson including the land on 1613 and Article 320 as amended by R.A. 7659. The
which it is situated shall be confiscated and escheated to the provisions of P.D. 1613 that are inconsistent with R.A.
State, unless the owner thereof can prove that he has no 7659 (such as Section 2 on destructive arson) are
participation in nor knowledge of such arson despite the DEEMED REPEALED)
exercise of due on his part.
Attempted, Frustrated, and Consummated Arson
Article 320 as amended by R.A. 7659
A person, intending to burn a building, collects some
Article 320. Destructive Arson. — The penalty of reclusion rags, soaks them in gasoline and places them beside
3. Consummated arson: This means that the offender should act under this
a. any charring (CHARING! Whiz na lang, 'day!) impulse of specific desire to inflict injury to another.
of the wood of the building. Not necessary HENCE, malicious mischief CANNOT be
that the wood should be ablaze, sufficient committed through NEGLIGENCE. Malice and
that the fiber of the wood is destroyed negligence are essentially incompatible.
b. mere scorching or discoloration by heat NOT
consummated "Damage" covers both loss and diminution.
c. Setting fire to the contents of the building is
already consummated arson (setting fire to a If no malice, only civil liability for damages.
building) even if no part of the building was
burned. Damaging of property must not result from crime.
d. However small a portion of the building is
BURNED, there is consummated arson. Example: damage done as a result of another
crime- accused chased opponent around the house to
In attempted arson, it is not necessary that there be a kill him and along the way broke various objects.
fire
If after damaging the property, offender removes/
Look at the facts if there was intent to burn. uses objects of the damage, crime is THEFT
No notes,
Article 328. Special cases of malicious mischief
Article 332. Persons exempt from criminal
Special cases of malicious mischief/"Qualified
liability
Malicious Mischief" are:
Crimes involved in the exemption: