Crim Law Malversation

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Crimes involving taking / appropriating

properties
1. MALVERSATION [ART 217] - Malversation is committed either
intentionally or by negligence. (1) misbehavior and especially
corruption in an office, trust, or commission (2) corrupt
administration.
Art. 217. Malversation of public funds or property – Presumption of malversation.
– Any public officer who, by reason of the duties of his office, is accountable for
public funds or property, shall appropriate the same, or shall take or
misappropriate or shall consent, or through abandonment or negligence, shall
permit any other person to take such public funds or property, wholly or partially,
or shall otherwise be guilty of the misappropriation or malversation of such funds
or property, shall suffer:

“malversation happens when a public officer or employee fails or refuses to


account for public funds or property or makes personal use or misappropriate
such fund or property”

Only thing necessart for conviction is proof that the accounatable officer
had received public funds and that such officer FAILED TO ACCOUNT for
the aid funds upon DEMAND without offering justifiable explanation.

HOW IS IT COMMITTED?
Either INTENTIONALLY or by NEGLIGENCE.
“the dolo or culpa present in the offense is only a MODALITY in the
Even if the mode charged differs from the
perpetration of the felony.
mode proved, the same offense of malversation is involved and
conviction thereof is proper."
PUNISHABLE ACTS:

1. By appropriating public funds or property.


2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any
other person to take such public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such
funds or property.

COMMON ELEMENTS:

1. That the offender be a public officer.


2. That he had custody or control of funds or property by reason of the duties
of his office
3. That those funds or property were public funds or property for which he
was accountable.
4. That he appropriated, took, misappropriated or consented, or through
abandonment or negligence, permitted another person to take them.

MALVERSATION MAY BE COMMITTED BY PRIVATE INDIVIDUALS IN THE


FOLLOWING CASES:

1. Those in conspiracy with public officers guilty of malversation.


2. Those who are accessory or accomplice to a public officer.
3. Custodian of public funds or property in whatever capacity.
4. Depositary or administrator of public funds or property.

MALVERSATION IS PRINCIPALLY DISTINGUISHED FROM ESTAFA BY:

a) The public or private character of the accused.


b) The nature of the funds.
c) The fact that conversion is not required in malversation.
d) The rule that there is no need of prior demand in malversation.
e) The absence of a requirement of damage in malversation.

DIFFERENCE between MAVERSATION VS ESTAFFA:

MALVERSATION= Public funds


ESTAFFA= private property

TECHNICAL MAL= when public officer uses public funds for something that is not for it.

Fund for bridge ginawa for waiting shed or welcome sign

2. ROBBERY WITH VIOLENCE AGAINST / INTIMIDATION OF


PERSONS [ART. 293-296] - Any person who, with intent to gain,
shall take any personal property belonging to another, by means
of violence against or intimidation of any person, or using force
upon anything, shall be guilty of robbery.
ART. 293 WHO ARE GUILTY OF ROBBERY -> any person who with intent to gain
nasa taas

By DEFINITION in the RPC, ROBBERY CAN BE COMMITTED IN 3 WAYS:


1. By using violence against any person
2. Intimidation of nay person AND/OR
3. Force upon anything.
If there is no violence intimidation, its theft.

CLASSIFICATION OF ROBBERY

1. Robbery with violence against, or intimidation of persons (294, 297, 298)


2. Robbery by use of force upon things (299 & 302)

ELEMENTS OF ROBBERY IN GENERAL:

1. That there be personal property (bienes muebles) belonging to another;


2. That there is unlawful taking (apoderamiento or asportacion) of that
property.
3. That the taking must be with intent to gain (animus lucrandi)
4. That there is violence against or intimidation of any person/ or force used
upon things
Notes:
1. Belonging to another – person from whom property was taken need not be the owner,
legal possession is sufficient
2. Name of the real owner is not essential so long as the personal property taken does not
belong to the accused except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if given in trust – estafa
4. As to robbery with 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 unlawful taking is complete
5. As to robbery with force upon things – thing must be taken out of the building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the taking – grave coercion
9. Violence or intimidation must be against the person of the offended party, not upon the
thing

GENERAL RULE: VIOLENCE/ INTIMIDATION MUST BE PRESENT BEFROE THE TAKING is


COMPLETE.

EXCEPT: when the VIOLENCE RESULTS in HOMICIDE, RAPE, INTENTIONAL MUTILATION or ANY
SERIOUS PHYSICAL INJURIES, the TAKING of the property is ROBBERY COMPLEXED WITH ANY
OF THE CRIMES UNDER ART 294
★ Violence or intimidation must be present before the taking of personal property is
complete.
★ Intent to gain is presumed juris tantum the moment there is unlawful taking.
★ To constitute unlawful taking, it is sufficient that the object was taken and held by
the offender in a manner sufficient to enable him to dispose of it as he intended,
even if his possession thereof be merely temporary or even transitory.
★ As long as the personal property does not belong to the accused who has a valid
claim thereover, it is immaterial whether said offender stole it from the owner, a
mere possessor, or even a thief of the property.
★ Where robbery was committed with violence against or intimidation of persons,
and force upon things was also present and employed by the offender, the crime
should be categorized and punished under the first mode.
★ If it is the owner who forcibly takes the personalty from its lawful possessor, the
crime is estafa under Art. 316(3) since the former cannot commit robbery on his
own property even if he uses violence or intimidation.
ART. 294- ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

 Acts punished as robbery WITH violence against or Intimidation of


persons
 By reason or on occasion of the robbery, the following are committed:

1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile,
impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such
member, incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the
crime or when in the cause of its execution – SPI/deformity, 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 work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries

ACTS PUNISHED UNDER THIS ARTICLE:

1. When by reason or on occasion of the robbery, the crime of homicide is


committed; or when the robbery is accompanied by rape or intentional
mutilation or arson.
2. When by reason or on occasion of such robbery any of the physical
injuries resulting in insanity, imbecility, impotency, or blindness is inflicted
(subdivision 1 of Art. 263).
3. When by reason or on occasion of robbery, any of the physical injuries
penalized in subdivision 2 of Art. 263 is inflicted.
4. If the violence or intimidation employed in the commission of the robbery
is carried to a degree clearly unnecessary for the commission of the crime;
or when in the course of its execution, the offender shall have inflicted
upon any person physical injuries covered by subdivisions 3 and 4 of Art.
263.
5. If the violence employed by the offender does not cause any of the serious
physical injuries defined in Art. 263, or if the offender employs intimidation
only.
Notes:
1. special complex crimes (specific penalties prescribed)
1. robbery with homicide – if original design is robbery and homicide is
committed – robbery with homicide even though homicide precedes the
robbery by an appreciable time. If original design is not robbery but robbery
was committed after homicide as an afterthought –
2. 2 separate offenses. Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed and if death supervened
by mere accident.
3. robbery with rape – intent to commit robbery must precede rape.
Prosecution of the crime need not be by offended party – fiscal can sign the
information. When rape and homicide co-exist, rape should be considered as
aggravating only and the crime is still robbery with homicide
4. robbery with intimidation – acts done by the accused which by their own
nature or by reason of the circumstances inspire fear in the person against
whom they are directed
5. QUALIFYING CIRCUMSTANCES in robbery with violence or intimidation of
persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is
committed:
1. in an uninhabited place or
2. by a band or
3. by attacking a moving train, street car, motor vehicle or
airship, or
4. by entering the passenger’s compartments in a train, or in any
manner taking the passengers thereof by surprise in the
respective conveyances, or
5. on a street, road, highway or alley and the intimidation is
made with the use of firearms, the offender shall be punished
by the max period of the proper penalties prescribed in art 294

★ These offenses are known as SPECIAL COMPLEX CRIMES.


★ The term “homicide” is used in its generic sense and includes any kind of killing,
whether parricide or murder or where several persons are killed and the name of
this special complex crime shall remain as robbery with homicide. The qualifying
circumstance (e.g. treachery in murder) will only become an aggravating
circumstance.
★ Additional rape/s or homicide/s are not considered aggravating. Unless and until
a law is passed providing that the additional rape/s (or homicide/s) may be
considered aggravating, the Court must construe the penal law in favor of the
offender as no person may be brought within its terms if he is not clearly made
so by the statue. (People vs. Sultan, April 27, 2000)
★ Par. 5 is known as simple robbery because they only involve slight or less
serious physical injuries, which are absorbed in the crime of robbery as an
element thereof.

QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)


Notes:
1. Must be alleged in the information
2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263

ART. 295-ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN


UNINHABITED PLACE BY A BAND OR WITH THE USE OF FIREARM ON A
STREET, ROAD, OR ALLEY

Qualified Robbery with Force Upon Things or Intimidation of Persons:

Nos. 3,4,5 of Article 294: if committed

1) In an uninhabited place (despoblado); or


2) By a band (en cuadrilla); or
3) By attacking a moving train, street car, motor vehicle, or airship; or
4) By entering the passengers’ compartments in a train, or in any manner
taking the passengers by surprise in their respective conveyances; or
5) On a street, road, highway, or alley, and the intimidation is made with use
of firearms, the offender shall be punished by the maximum period or the
proper penalties prescribed in Art. 294.
★ This article provides five special aggravating circumstances which, because
they impose the penalty in the maximum period and cannot be offset, are also
considered as qualifying circumstances.
★ For robbery with violence or intimidation in Art. 294, despoblado(uninhabited
place) and cuadrilla (by a band) need not concur, but in robbery through force
upon things (Art. 302), these two circumstances have to concur in order to
be considered as and have the effect of a special aggravating
circumstance.
★ If the crime committed is robbery with homicide, rape, mutilation, or arson (Par.
1) or with physical injuries under subdivision 1 of Art. 263 (Par. 2), despoblado
and cuadrilla will each be considered only as a generic aggravating
circumstance.
★ On the matter of firearms, whether the same are license or unlicensed, if used on
streets, etc., they become special aggravating circumstances.

ART.296-DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS


THEREOF

OUTLINE

1) When at least four armed malefactors take part in the commission of a


robbery, it is deemed committed by a band.
2) When any of the arms used in the commission of robbery is not licensed,
the penalty upon all malefactors shall be the maximum of the
corresponding penalty provided by law without prejudice to the criminal
liability for illegal possession of firearms.
3) Any member by a band who was present at the commission of a robbery
by the band shall be punished as principal of any assaults committed by
the band, unless it be shown that he attempted to prevent the same.
★ Art. 296, just like Art. 295, also applies only to robbery under Pars. 3, 4, and 5 of
Art.294, and not to robbery with homicide, rape, intentional mutilation, arson, or
the physical injuries in Par. 1 of Art. 263.

NOTE: CONSPIRACY IS PRESUMED: when 4 or more ARMED PERSONS


COMMITTED ROBBERY

UNLESS, the others ATTEMPTED TO PREVENT ASSAULT, guilty of ROBBERY


BY BAND ONLY
REQUISITES FOR LIABILITY FOR THE ACTS OF OTHER MEMBERS OF THE
BAND:

1. He was a member of the band


2. He was present at the commission of a robbery by that band
3. The other members of that band committed an assault
4. He did not attempt to prevent the assault

3. ROBBERY WITH USE OF OR FORCE UPON THINGS - Any


person who, with intent to gain, shall take any personal property
belonging to another, by means of violence against or
intimidation of any person, or using force upon anything, shall
be guilty of robbery. (Same shit sa taas tf) [ART. 299 - 302]
ART. 299-ROBBERY IN AN INHABITED HOUSE/PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP

ELEMENTS: (Subdivision A) ABOUT TO ENTER

1. The offender entered (a) an inhabited house (b) a public building or (c) an
edifice devoted to religious worship
2. The 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, floor, door, or window;
c) By using false keys, picklocks, or similar tools; or
d) By using any fictitious name or pretending the exercise of public
authority.
3. That once inside the building, the offender took personal property
belonging to another with intent to gain
★ The whole body of the culprit must be inside the building to constitute entering.
★ Not every physical force exerted by the offender is covered by Art. 299, hence
breaking store windows to steal something but without entry, is only theft.
ELEMENTS: (Subdivision B) ALREADY INSIDE YUNG OFFENDER

1. Offender is inside a dwelling house, public building, or edifice devoted to


religious worship, regardless of the circumstances under which he
entered.
2. The offender takes personal property belonging to another with intent to
gain under any of the following circumstances:
a) by the breaking of doors, wardrobes, chests, or any other kind of
sealed furniture or receptacle
b) by taking such furniture or objects away to be broken open outside
the place of the robbery
★ If the locked or sealed receptacle is not forced open, crime is estafa or theft.

ART. 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND

➔ Under this article, robbery is committed in an uninhabited place AND by a


band, as distinguished from Qualified Robbery with Violence or
Intimidation of Persons (Art 295) which is committed in an uninhabited
place OR by a band.

ART. 301 – WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING


DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES

Inhabited house

- means 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 of an inhabited house, public building, or building dedicated


to religious worship

- all interior courts, corrals, warehouses, granaries, or enclosed places


contiguous to the building or edifice, having an interior entrance connected
therewith, and which form part of the whole.
- Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith. chanrobles virtual law library
- The term "public building" includes every building
owned by the Government or belonging to a private
person not included used or rented by the Government,
although temporarily unoccupied by the same. chanrobles virtual law librar

ART. 302 – ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING

 Robbery iN an uninhabited place or in a private building. — Any


robbery committed in an uninhabited place or in a building other
than those mentioned in the first paragraph of Article 299, if the
value of the property taken exceeds 250 pesos, shall be punished by
prision correccional if any of the following circumstances is present:
1. If the entrance has been effected through any opening not
intended for entrance or egress. chanrobles virtual law library

2. If any wall, roof, flour or outside door or window has been


broken. chanrobles virtual law library

3. If the entrance has been effected through the use of false


keys, picklocks or other similar tools. chanrobles virtual law library

4. If any dorm, wardrobe, chest or by sealed or closed furniture


or receptacle has been broken. chanrobles virtual law library

5. If any closed or sealed receptacle, as mentioned in the


preceding paragraph, has been removed even if the same to
broken open elsewhere. chanrobles virtual law library

When the value of the property takes does not exceed 250 pesos, the
penalty next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of
this Code, when the property taken is mail matter or large cattle, the
offender shall suffer the penalties next higher in degree than those
provided in said articles. chanrobles

ELEMENTS OF ROBBERY IN AN UNHIBATIED PLACE OR IN A PRIVATE


BUILDING 302
1. That the offender entered an uninhabited place or a building which was not a dwelling house,
not a public building, or not an edifice devoted to religious worship.
2. that any of the following circumstances was present:
3. That with intent to gain the offender took therefrom personal property belonging to another.
1. That entrance was effected through an opening not intended for entrance or egress.
2. A wall, roof, floor, or outside door or window was broken.
3. The entrance was effected through the use of false keys, picklocks or other similar tools.
4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle  was broken or
5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
Notes:
1. Second kind of robbery with force upon things
2. Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an uninhabited place or a building other
than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending
the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any other keys other than those intended by
the owner for use in the lock forcibly opened

Same manner of commission as Article 299

➔ The only difference between Arts. 299 and 302 is that the use of fictitious
name or simulation of public authority can be used only in Art. 299 which
refers to inhabited buildings and not in Art. 302 which involves uninhabited
or other places.
➔ While Art. 302 provides for robbery in an “uninhabited place,” it actually
means an uninhabited house.

4. THEFT [308 TO 310] - the action or crime of stealing.


ART. 308 – WHO ARE LIABLE FOR THEFT

committed by any person who, with intent to gain but without


violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latter's consent.

Art. 308. Who are liable for theft. — Theft is committed by any person who, with
intent to gain but without violence against or intimidation of persons nor force
upon things, shall take personal property of another without the latter's
consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an inclosed estate or a field where 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. chanrobles virtual law library

ELEMENTS:

1. That there be taking of personal property


2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of violence against or
intimidation of persons or force upon things

THE FOLLOWING ARE LIABLE FOR THEFT:

1. Those who (a) with intent to gain, (b) without violence or intimidation of
persons nor force upon things, (c) take (d) personal property (e) of
another (f) without the latter’s consent
2. Those who (a) having found lost property, (b) fail to deliver the same to
the local authorities or to its owner
3. Those who (a) after having maliciously damaged the property of another,
(b) remove or make use of the fruits or objects of the damaged caused by
them
4. Those who (a) enter an enclosed estate or a field where (b) trespass is
forbidden or which belonged to another, and without the consent of the
owner, (c) hunt or fish upon the same or gather fruits, cereals, or other
forest or farm products
★ Theft is not a continuing offense.
★ What distinguishes THEFT from ROBBERY is that in theft the offender does not
use violence or intimidation or does not enter a house or building through any of
the means specified in Art. 299 or Art. 302 in taking personal property of another
with intent to gain
★ Theft is not limited to an actual finder of lost property who does not return
or deposit it with the local authorities but includes a policeman to whom he
entrusted it and who misappropriated the same, as the latter is also a
finder in law.
★ Theft of electricity is also punishable under RA 7832, the Anti-Electricity and
Electric Transmission Lines/Materials Pilferage Act of 1994.

Notes:
1. Theft is consummated when offender is able to place the thing taken under his control and in
such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the
control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of
the things). Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft though use was temporary
4. Reyes says: there must be some character of permanency in depriving owner of the use of the
object and making himself the owner, therefore must exclude “joyride”
5. Theft: if after custody (only material possession) of object was given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) – not theft (though later found to be
untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride)

11. Actual gain is not necessary (intent to gain necessary)

12. Allege lack of consent in info is important

ART. 309 PENALTIES

THE BASIS OF PENALTY IN THEFT IS:

1. The value of the thing stolen, and in some cases,


2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit to commit the crime.

PRISON MAYOR in its MINIMUM and MEIDUM PERIOD = if value of thing stolen is more than
12k but DOES NOT EXCEED 22K. if EXCEEDS, the penalty shall be the maximum
period of the one prescribed in this paragraph, and one year for each
additional ten thousand pesos, but the total of the penalty which may be
imposed shall not exceed twenty years.
2. The penalty of prision correccional in its medium and maximum
periods, if the value of the thing stolen is more than 6,000 pesos but
does not exceed 12,000 pesos. chanrobles virtual law library

3. The penalty of prision correccional in its minimum and medium


periods, if the value of the property stolen is more than 200 pesos but
does not exceed 6,000 pesos. chanrobles virtual law library

4. Arresto mayor in its medium period to prision correccional in its


minimum period, if the value of the property stolen is over 50 pesos
but does not exceed 200 pesos. chanrobles virtual law library

5. Arresto mayor to its full extent, if such value is over 5 pesos but
does not exceed 50 pesos. chanrobles virtual law library

6. Arresto mayor in its minimum and medium periods, if such value


does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is
committed under the circumstances enumerated in paragraph 3 of the
next preceding article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable. chanrobles virtual law library

8. Arresto menor in its minimum period or a fine not exceeding 50


pesos, when the value of the thing stolen is not over 5 pesos, and the
offender shall have acted under the impulse of hunger, poverty, or the
difficulty of earning a livelihood for the support of himself or his
family.
ch

ART. 310-QUALIFIED THEFT

There is qualified theft in the following instances:

1. If theft is committed by a domestic servant


2. If committed with grave abuse of confidence
3. Property stolen is:
a. Motor vehicle
b. Mail matter
c. Large cattle
d. Coconut from premises of plantation
e. Fish from fishpond or fishery
f. On occasion of calamities and civil disturbance.
(If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident, or civil disturbance)
★ Penalty for qualified theft is two degrees higher than that provided in Art. 309.

Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where stolen property is kept e.g., guards,
tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his
absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft.  Motor vehicle not used as PU in kabit
system but under K of lease-estafa
10. 10.  mail matter – private mail to be QT, Not postmaster – Art. 226

11. theft of large cattle

TOPIC: SWINDLING AND OTHER DECIETS

ESTAFA [315] - wrongful or criminal deception intended to


result in financial or personal gain; fraud or swindling.
Art. 315. Swindling (estafa). — Any person who shall defraud
another by any of the means mentioned
3 types of etsffa:
ESTAFFA abuse of confidence or unfaithfulness
‘’ ;; Deciet or false pretenses
‘’ ‘’ or other fraudulent acts
ELEMENTS in general
1. That the accused defrauded another by abuse of confidence, or by means
of deceit
2. That the damage or prejudice capable of pecuniary estimation is caused
to the offended party or third persons

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

ELEMENTS OF 315, NO. 1 (A):

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


2. That he alters its substance, quantity or quality
3. That damage or prejudice capable of pecuniary estimation is caused to
the offended party or third person.

With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or 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. chanrobles virtual law library

(b) By misappropriating or converting, to the prejudice of


another, money, goods, or any other personal property received
by the offender in trust or on commission, or for administration,
or under any other obligation involving the duty to make
delivery of or to return the same, even though such obligation
be totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property.  chan chanrobles virtual law library

robles virtual law library


(c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such
signature in blank, to the prejudice of the offended party or of
any third person. chanrobles virtual law library

2. By means of any of the following false pretenses or


fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess


power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits. chanrobles virtual law library

(b) By altering the quality, fineness or weight of anything


pertaining to his art or business. chanrobles virtual law library
(c) By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the offended
party may deem proper to bring against the offender. In this
case, the offender shall be punished by the maximum period of
the penalty. chanrobles virtual law library

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


obligation when the offender therein were not sufficient to
cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check
within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored
for lack of insufficiency of funds shall be prima facie evidence of
deceit constituting false pretense or fraudulent act. (As amended
by R.A. 4885, approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation at a
hotel, inn, restaurant, boarding house, lodging house, or
apartment house and the like without paying therefor, with
intent to defraud the proprietor or manager thereof, or by
obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously removing any part
of his baggage from a hotel, inn, restaurant, boarding house,
lodging house or apartment house after obtaining credit, food,
refreshment or accommodation therein without paying for his
food, refreshment or accommodation. chanrobles virtual law library

4.

ELEMENTS OF 315 NO.1 (B)

1. That money, goods, or other personal property be received by the


offender in trust, or on commission, or for administration, or under any
other obligation involving the duty to make delivery of, or to return, the
same
2. That there be misappropriation or conversion of such money or property
by the offender, or denial on his part of such receipt
3. That such misappropriation or conversion or denial is to the prejudice of
another
4. That there is demand made by the offender party to the offender
★ Art. 315, No. 1 (b) does not apply when the contract between the accused and
complainant has the effect of transferring to the accused ownership of the thing
received. The default in the return of the thing received will only entail civil
liability.
★ The thing to be delivered or returned by the offender must the very object which
he received.

GENERAL RULE: There must be a formal demand on the offender to comply


with his obligation before he can be charged with estafa.

EXCEPTIONS:

1. When the offender’s obligation to comply is subject to a period, and


2. When the accused cannot be located despite due diligence.

2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART.
315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence

a. by altering the substance

b. existing obligation to deliver – even if it is not a subject of lawful commerce

c. thing delivered has not been fully or partially paid for – not estafa

3. no agreement as to quality – No estafa if delivery is unsatisfactory

1. By misappropriating and converting


1. thing is received by offender under transactions transferring juridical possession, not ownership
2. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the
goods covered by TR – Estafa
3. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be
sold for cash – estafa
4. Estafa – not affected by Novation of Contract because it is a public offense
5. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the
criminal information in court by state prosecutors
6. Misappropriating – to take something for one’s own benefit
g.  Converting – act of using or disposing of another’s property as if it was one’s own; thing has been
devoted for a purpose or use different from that agreed upon
1. There must be prejudice to another – not necessary that offender should obtain gain
2. When in the prosecution for malversation the public officer is acquitted, the private individual
allegedly in conspiracy with him may be held liable for estafa
9. Partners – No estafa of money or property received for the partnership when the business is
commercial and profits accrued.  BUT if property is received for specific purpose and is
misappropriated – estafa!
10. Failure to account after the DEMAND is circumstantial evidence of misappropriation
11. DEMAND is not a condition precedent to existence of estafa when misappropriation may be
established by other proof
12. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the
ting to him – otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT
guilty of estafa but of qualified theft

NOVATION THEORY

- May apply prior to the filing of the criminal information in court by the state
prosecutor, because up to that time, the original trust relation may be
converted by the parties into an ordinary creditor-debtor situation, thereby
placing the complainant in estoppel to insist on the original trust. But after
the judicial authorities have taken cognizance of the crime and instituted
action in court, the offended party may no longer divest the prosecution of
its power to exact the criminal liability, as distinguished from the civil.
(People vs. Nery, 10 SCRA 244)

ELEMENTS OF 315, NO. 1 ©

1. That the paper with the signature of the offended party be in blank
2. That the offended party should have delivered it to the offender
3. That above signature of the offended party a document is written by the
offender without authority to do so
4. That the document so written creates a liability of, or causes damage to
the offended party or any third person
ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and 3)

ELEMENTS OF 315 NO. 2:

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


2. That such false pretense, act, or fraudulent means must be made or
executed prior to or simultaneously with the commission of fraud
3. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with is money or
property because of fraudulent means
4. That as a result thereof, the offended party suffered damage

315 No. 2 (A)

1) By using a fictitious name


2) By falsely pretending to possess power, influence, qualifications, property,
credit, agency, business, or imaginary transactions
3) By means of other similar deceits

315 No. 2 (B)

- By altering, the quality, fineness, or weight of anything pertaining to his


business

315 No. 2 (C)

- By pretending to have bribed any Government employee


★ The accused, by pretending to have bribed a government employee, can be held
further liable for such calumny in a criminal action for either slander or libel
depending on how he recounted the supposed bribery.

ELEMENTS OF 315 No. 2 (D)

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


obligation
2. That such postdating or issuing a check was done when the offender had
no funds in the bank, or his funds deposited therein were not sufficient to
cover the amount of the check
★ The issuance by the offender of the check (whether postdated or not), prior to or
simultaneous with the transaction, must be for the purpose of contracting the
obligation, otherwise, if the check is issued in payment of a preexisting
obligation, no estafa is committed.
★ If the check was issued by the debtor only for security of the creditor, as in the
nature of promissory notes but not to be encashed, no estafa will be involved.

3 WAYS TO COMMIT 315, NO. 2(E)

1) By obtaining food, refreshment or accommodation at hotel, inn, restaurant,


boarding house, lodging house or apartment house without paying thereof,
with intent to defraud the proprietor or manager thereof
2) By obtaining credit at any of the said establishments by the use of any
false pretense
3) By abandoning or surreptitiously removing any part of his baggage from
any of the said establishment after obtaining credit, food, refreshment, or
accommodation therein, without paying

ELEMENT OF 315 NO. 3 (A)

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


2. That deceit be employed to make him sign the document
3. That the offended party personally signed the document
4. That prejudice be caused

315 No. 3 (B)

- Resorting to some fraudulent practice to insure success in a gambling


game

ELEMENTS OF 315 NO. 3 (C)

1. That there be court record, office files, documents, or any other papers
2. That the offender removed, concealed, or destroyed any of them
3. That the offender had intent to defraud another
6. OTHER FORMS OF SWINDLING [316] Criminal Law Book 2 – Title Ten |
Philippine Law Reviewers (wordpress.com)
PERSONS LIABLE:

1. Any person who, pretending to be the owner of any real property, shall
convey, sell, encumber or mortgage the same.

ELEMENTS:

a) That the thing be immovable, such as a parcel of land or a building.


b) That the offender who is not the owner of a said property should
represent that he is the owner thereof.
c) That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real property).
d) That the act be made to the prejudice of the owner or a third
person.
2. Any person who, knowing that real property is encumbered, shall dispose
of the same, although such encumbrance be not recorded.

ELEMENTS:

a) That the thing disposed of be real property.


b) That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not.
c) That there must be express representation by the offender that the
real property is free from encumbrance.
d) That the act of disposing of the real property be made to the
damage of another.
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

ELEMENTS:

a) That the offender is the owner of personal property.


b) That said personal property is in the lawful possession of another.
c) That the offender wrongfully takes it from its lawful possessor.
d) That prejudice is thereby caused to the possessor or third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract
5. Any person who shall accept any compensation given 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 fulfillment of such obligation.

ELEMENTS

1. That the offender is a surety in a bond given in a criminal or civil  action.


2. That he guaranteed the fulfillment of such obligation with his real property or
properties.
3. That he sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortage or encumbrance is (a) without express authority from the court,
or (b) made before the cancellation of his bond, or (c) before being relieved from the
obligation contracted by him.
7. LIGHT COERCION [287] - committed by any person who seizes
anything belonging to his debtor by means of violence for the
purpose of applying the same to the payment of the debt.
ELEMENTS

1. That the offender must be a creditor.


2. That he seizes anything belonging to his debtor
3. That the seizure of the thing accomplished by means of violence or a
display of material force producing intimidation
4. That the purpose of the offender is to apply the same to the payment of
the debt.

UNJUST VEXATION

- Includes any human conduct which although not productive of some


physical or material harm would, however, unjustly annoy or vex an
innocent person.
CRIMES INVOLVING PERSONAL INJURY TO REPUTTION

LIBEL 353
Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or
juridical person. or to blacken thememory of one who is dead.

Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be


malicious, even if it be true, if no good intention and justifiable motive for making it is
shown, except in the following cases:

1. A private communication made by any person to another in the performance of any


legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, or of
any statement, report or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. — A libel committed by means
of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar means, shall be punished by
prision correccional(Prision correccional = 6 months and 1 day to 6 years) in its
minimum and maximum periods or a fine ranging from 200 to 6,000 pesos, or both,
in addition to the civil action(can range to more than a hundred thousand pesos in
Moral Damages plus Exemplary Damages and Attorneys Fees) which may be
brought by the offended party.
4 ELEMENTS A PERSON MUST ESTBALISH I NORDER TO PROVE HE OR
SHE HAS BEEN DEFAMED:
1. PUBLICAITON
2. IDENTIFICATION
3. HARM
4. FAULT

 Defamation is a legal term for a false statement made by a


person that injures another person's reputation or character.
 Libel is written defamation, Slnader is SPOKEN defamation

ORAL DEFAMATION ART 358


Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period if it is of a
serious and insulting nature; otherwise the penalty shall be arresto menor or a
fine not exceeding 200 pesos.

Oral Defamation or more commonly known as “slander” is basically libel


committed verbally, instead of in writing. The key factor is whether the speech
tends to harm one’s reputation, office, trade, business or means of livelihood.
There must be an imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, status or circumstances. It must be made orally, and it
must be public, meaning, within hearing distance of another person. There
is no need for it to be addressed to a broad audience.  It is made maliciously,
directed to a natural or juridical person, or one who is dead.

Oral defamation may either be simple or grave. In the case of De Leon vs.
People (G.R. No. 212623, January 11, 2016,) the accused called the
police officer “walanghiya,” “mayabang” and “mangongotong” in public.

 In deciding that it was a case of simple and not grave slander, the
following were considered: first, relationship of the parties. They were not
strangers to one another and accused had no reason to harbor ill feelings
toward complainant. Second is the issue of timing. The utterance  was
made during the first hearing on an administrative case involving the
parties, shortly after an alleged gun-pointing incident between them,
hence there was an element of emotional outburst on the part of accused.
Third is the issue of animosity. From the foregoing, it can be gleaned that
the accused’s utterance may be construed as his expression of dismay
and not necessarily to ridicule or humiliate complainant.

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