Title X.

Crimes against Property

ARTICLE 293 - WHO ARE GUILTY OF ROBBERY
Elements of Robbery in General:
1. Personal property
2. Belonging to another
3. There be Unlawful taking
4. With Intent to gain
5. Violence against or intimidation of any person OR force upon anything
ARTICLE 294 - WITH VIOLENCE OR INTIMIDATION OF PERSONS. Acts punished under:
1. When by reason or on occasion of the robbery, Homicide is committed. (Robbery with
Homicide)
2. When the robbery is accompanied by Rape or Intentional Mutilation or Arson. (Robbery
with Rape, Robbery with Intentional Mutilation, Robbery with Arson)
3. When by reason or on occasion of such robbery, any of the Physical Injuries resulting in
insanity, imbecility, impotency, or blindness is inflicted.
4. When by reason or on occasion of robbery, any of the Physical Injuries resulting in the loss
of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot,
an arm or a leg or the loss of the use of any such member, or incapacity for the work in
which the injured person is theretofore habitually engaged is inflicted.
5. 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.
6. When in the course of its execution, the offender shall have inflicted upon any person not
responsible for the commission of the robbery any of the Physical Injuries in consequence
of which the person injured becomes deformed or loses any other member of his body or
loses the use thereof or becomes ill or incapacitated for the performance of the work in
which he is habitually engaged for labor for more than 30 days
7. 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
ARTICLE 295 - ROBBERY WITH PHYSICAL INJURIES, IN AN UNINHABITED PLACE AND
BY A BAND. Robbery with violence against or intimidation or persons is qualified when it 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 passengers’ 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 maximum periods of the proper penalties in Art.
294.
ARTICLE 296 - DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS
THEREOF
 • When at least 4 armed malefactors take part in the commission of a robbery, it is deemed
committed by a band.
• Requisites for Liability for the acts of the other members:
1. Member of the band.
2. Present at the commission of the robbery.
3. Other members committed an assault.
4. He did not attempt to prevent assault.
ARTICLE 297 - ATTEMPTED AND FRUSTRATED ROBBERY WITH HOMICIDE

• “Homicide” includes multiple homicides, murder, parricide, or even infanticide.

• The penalty is the same, whether robbery is attempted or frustrated.
• Robbery with homicide and attempted or frustrated robbery with homicide are special
complex crimes, not governed by Art. 48, but by the special provisions of Arts.294 & 297,
respectively.
• There is only one crime of attempted robbery with homicide even if slight physical injuries
were inflicted on other persons on the occasion or by reason of the robbery.
ARTICLE 298 - EXECUTION OF DEEDS THROUGH VIOLENCE OR INTIMIDATION Elements:
1. Offender has Intent to defraud another
2. Offender Compels him to sign, execute, or deliver any public instrument or document
3. Compulsion is by means of Violence or Intimidation
ARTICLE 299 - ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP

• Elements of robbery with force upon things under SUBDIVISION (A):

1. Offender entered
a. Inhabited House
b. Public Building
c. Edifice devoted to Religious Worship
2. Entrance was effected by any of the following means:
a. Through an opening Not intended for entrance or egress;
b. By Breaking any wall, roof, or floor, or 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.
e. That once inside the building, the offender Took personal property
belonging to another with intent to gain.
• Elements of robbery with force upon things under SUBDIVISION (B) of Art. 299:
1. Offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it.
2. Offender takes personal property belonging to another, with intent to gain, under
any of the following circumstances.
a. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle; or
b. Taking such furniture or objects away to be broken or forced open outside
the place of the robbery.
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
 • Robbery in an inhabited house, public building or edifice to religious worship is qualified
when committed by a band and located in an uninhabited place.
ARTICLE 301 - WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES:

• Even if the occupant was absent during the robbery, the place is still inhabited if the place
was ordinarily inhabited and intended as a dwelling.
• “Dependencies”: all interior courts, corrals, warehouses, granaries or inclosed places
contiguous to the building or edifice, having an interior entrance connected therewith, and
which form part of the whole. Requisites:
1. Contiguous to the building;
2. Interior entrance connected therewith;
3. Form part of the whole.
• Orchards and lands used for cultivation or production are not included in the term
“dependencies”
ARTICLE 302 - ROBBERY IN AN UNINHABITED PLACE OR PRIVATE BUILDING Elements:
1. 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:
a. Entrance was effected through an opening Not intended for entrance or egress;
b. A Wall, roof, floor, or outside door or window was broken
c. Entrance was effected through the use of False keys, picklocks or other similar
tools;
d. A Door, wardrobe, chest, or any sealed or closed furniture or receptacle was
broken; or
e. A Closed or sealed receptacle was removed, even if the same be broken open
elsewhere.
f. With intent to gain, the offender took therefrom personal property belonging to
another
ARTICLE 303 - ROBBERY OF CEREALS, FRUITS OR FIREWOOD IN AN INHABITED PLACE
OR PRIVATE BUILDING
ARTICLE 304 - POSSESSION OF PICKLOCK OR SIMILAR TOOLS Elements:
1. Offender has in his possession Picklocks or similar tools;
2. Such picklock or similar tools are especially Adopted to the commission of robbery;
3. Offender does Not have lawful cause for such possession.
ARTICLE 305 - FALSE KEYS to include the following:
1. Tools mentioned in Article 304;
2. Genuine keys Stolen from the owner;
3. Any key other than those intended by the owner for Use in the lock forcibly opened by the
offender.
ARTICLE 306 - WHO ARE BRIGANDS Elements of Brigandage:
1. There be at least 4 armed persons
 2. They Formed a band of robbers
3. The Purpose is any of the following:
a. To commit Robbery in the highway; or
b. To Kidnap for the purpose of extortion or to obtain ransom; or
c. To Attain by means of force and violence any other purpose.
ARTICLE 307 - AIDING AND ABETTING A BAND OF BRIGANDS Elements:
1. There is a Band of brigands
2. Offender Knows the band to be of brigands
3. Offender Does any of the following acts:
a. He in any manner Aids, abets or protects such band of brigands; or
b. He gives them Information of the movements of the police or other peace officers;
or
4. He Acquires or receives the property taken by such brigands.
ARTICLE 308 - WHO ARE LIABLE FOR THEFT

• Elements of Theft:
1. Taking of personal property
2. That Belongs to another
3. With Intent to gain.
4. Without the Consent of the owner.
5. Accomplished Without the use of violence against or intimidation of persons or
force upon things.
• Persons liable for theft:
1. Those who,
a. with intent to gain,
b. without violence against 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 object of the damage caused by them.
4. Those who,
a. enter an enclosed estate or field where
b. trespass is forbidden or which belongs to another and, without the consent
of its owner,
c. hunt or fish upon the same or gather fruits, cereals, or other forest or farm
products.
• It is necessary to prove the following in order to establish theft by failure to deliver or
return lost property:
1. Time of the seizure of the thing
2. It was a lost property belonging to another; and
 3. That the accused having had the opportunity to return or deliver the lost property
to its owner or to the local authorities, refrained from doing so.
• Elements of hunting, fishing or gathering fruits, etc., in enclosed estate:
1. That there is an enclosed estate or a field, where trespass is forbidden or which
belongs to another
2. Offender enters the same
3. Offender hunts or fishes upon the same or gathers fruits, cereals or other forest or
farm products in the estate or field; and
4. That the hunting or fishing or gathering of products is without the consent of the
owner.
ARTICLE 309 - PENALTIES The basis of the penalty in theft is
1. the value of the thing stolen, or
2. the value and nature of the property taken, or
3. the circumstances that impelled the culprit to commit the crime.
ARTICLE 310 - QUALIFIED THEFT Theft is qualified if:
1. Committed by a Domestic servant
2. Committed with Grave abuse of confidence
3. The property stolen is
a. motor vehicle,
b. mail matter, or
c. large cattle
4. The property stolen consists of coconuts taken from the premises of a plantation.
5. The property stolen is fish taken from a fishpond or fishery.
6. Property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance.
ARTICLE 311 - THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL
MUSEUM

• Theft of property of the National Museum and National Library has a fixed penalty
regardless of its value. But if it was with grave abuse of confidence, the penalty for qualified
theft shall be imposed.
ARTICLE 312 - OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY

• Acts punishable under Art. 312:

1. Taking possession of any real property belonging to another by means of violence
against or intimidation of persons
2. Usurping any real rights in property belonging to another by means of violence
against or intimidation of persons
• Elements:
1. Offender takes possession of any real property OR usurps any real rights in
property
2. Real property or real rights belong to another
3. Violence against or intimidation of persons is used by the offender in occupying
real property or usurping real rights in property.
 4. There is intent to gain.
ARTICLE 313 - ALTERING BOUNDARIES OR LANDMARKS Elements:
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same.
2. That the offender alters said boundary marks.

ARTICLE 314 - FRAUDULENT INSOLVENCY Elements:

1. That the offender is a debtor; that is, he has obligations due and payable
2. That he absconds with his property
3. That there be prejudice to his creditors.
ARTICLE 315 - ESTAFA

• Elements of Estafa in General:

1. That the accused defrauded another
a. by abuse of confidence; or
b. by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.
3. Through—
a. With unfaithfulness or abuse of confidence (315 par. 1(a) (b) (c))
b. Estafa by means of fraudulent acts (315 Par. 2(A) (B) (C)(D) (E) ; BP22):
c. Through other fraudulent means (315 par 3(a) (b) (c) )
• With Unfaithfulness or Abuse of Confidence (315 par. 1(a) (b) (c)) Par 1
o (a): Altering substance, quantity or quality of object subject of obligation to deliver
o Elements:
1. Offender has an Onerous obligation to deliver something of value.
2. That he Alters its substance, quantity, or quality
3. That Damage or prejudice is caused to another.
• Par.1(b): Misappropriation and Conversion. Elements:
1. That Money, goods, or other personal property be received by the offender in trust,
or in commission, or for administration, or under any other obligation involving
the duty to make delivery of, or to return, the same;
2. 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;
and
4. That there is a demand made by the offended party to the offender
• No estafa when:
1. Transaction sale fails. There is no estafa if the accused refused to return the
advance payment.
2. The money or personal property received by accused is not to be used for a
particular purpose or to be returned.
3. Thing received under a contract of sale on credit.
• 3 Ways of Committing Estafa with Abuse of Confidence Under Art. 315 Par. (B):
 1. Misappropriating the thing received.
a. “Misappropriating”: means to own, to take something for one's own
benefit.
2. Converting the thing received.
b. “Converting”: Using or disposing of another’s property as if it were one’s
own.
3. Denying that the thing was received.
c. “Conversion”: presupposes that the thing has been devoted to a purpose or
use different from that agreed upon.
• Par.1(c): Taking advantage of signature in blank Elements:
1. Paper with the signature of the offended party be in Blank.
2. Offended party should have Delivered it to the offender.
3. That above the 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 False Pretenses or Fraudulent Acts (315 par. 2(a) (b) (c) (d) (e); BP22):
Elements of estafa by means of deceit:
1. There must be a False pretense, fraudulent act or fraudulent means.
2. That such false pretense, fraudulent act or fraudulent means must be made or
executed Prior to or Simultaneously with the commission of the fraud.
3. Offended party must have Relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property
because of the false pretense, fraudulent act, or fraudulent means.
4. As a result thereof, the offended party Suffered damage.
• Par 2(a): Using fictitious name or false pretenses at power, influence… or other similar
deceits: Ways of committing the offense:
1. By using fictitious name;
2. By falsely pretending to possess:
a. power,
b. influence,
c. qualifications,
d. property,
e. credit,
f. agency,
g. business or imaginary transactions;
3. By means of other similar deceits..
• Par 2(b): by altering the quality, fineness or weight of anything pertaining to art or
business
• Par. 2(c): by pretending to have bribed any government employee
• Par 2(d): By postdating a check or issuing a bouncing check Elements:
1. Offender Postdated a check, or issued a check in payment of an obligation;
2. 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.
• Estafa Through Other Fraudulent Means (315 Par 3 (a) (b) (c)) Par 3 (a): By inducing
another, through deceit, to sign any document Elements:
 1. Offender Induced the offended party to sign a document.
2. That deceit be Employed to make him sign the document.
3. Offended party Personally signed the document.
4. That Prejudice be caused.
• Par.3 (b): By resorting to some fraudulent practice to ensure success in a gambling game
• Par.3 (c): By removing, concealing or destroying any court record, office files, document
or any other papers

ARTICLE 316 - OTHER FORMS OF SWINDLING AND DECEITS

• Par 1. By conveying, selling, encumbering, or mortgaging any real property, pretending to

be the owner of the same Elements:
1. That the thing be Immovable, such as a parcel of land or a building.
2. Offender who is not the owner of said property should Represent that he is the
owner thereof.
3. Offender should have Executed an act of ownership (selling, encumbering or
mortgaging the real property).
4. Act be made to Prejudice of the owner or a third person
• Par. 2. By disposing of real property as free from encumbrance, although such
encumbrance be not recorded Elements:
1. That the thing disposed of be Real property.
2. Offender Knew that the real property was encumbered, whether the encumbrance
is recorded or not.
3. There must be Express representation by the offender that the real property is free
from encumbrance.
4. Act of disposing of the real property be made to the Damage of another.
• Par. 3. By wrongfully taking by the owner of his personal property from its lawful possessor
Elements:
1. Offender is the Owner of personal property.
2. Said property is in the Lawful possession of another.
3. Offender wrongfully takes it from its lawful possessor.
4. Prejudice is thereby caused to the lawful possessor or third person
• Par. 4. By executing any fictitious contract to the prejudice of another
• Par. 5. By accepting any compensation for services not rendered or for labor not performed
Elements:
1. Accepting a compensation given to accused for service not rendered
2. Malicious failure to return the compensation wrongfully received (fraud).
• Par. 6. By selling, mortgaging or encumbering real property or properties with which the
offender guaranteed the fulfilment of his obligation as surety Elements:
1. Offender is a Surety in a bond given in a criminal or civil action.
2. He Guaranteed the fulfillment of such obligation with his real property or
properties.
3. He Sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortgage, 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.
ARTICLE 317 - SWINDLING OF A MINOR Elements:
1. That the offender Takes advantage of the inexperience or emotions or feelings of a minor.
2. That he induces such minor
a. to Assume an obligation, or
b. to Give release, or
c. to Execute a transfer of any property right.
3. That the consideration is
a. some Loan of money,
b. Credit, or
c. Other Personal property.
4. That the transaction is to the Detriment of such minor.
ARTICLE 318 - OTHER DECEITS Other deceits are:
1. By Defrauding or damaging another by any other deceit not mentioned in the preceding
articles.
2. By Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage
of the credulity of the public in any other manner, for profit or gain.
ARTICLE 319 - REMOVAL, SALE, OR PLEDGE OF MORTGAGED PROPERTY Acts punishable
under Art. 319:
1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law
to any province or city other than the one in which it was located at the time of execution
of the mortgage, without the written consent of the mortgagee or his executors,
administrators or assigns.
2. By selling or pledging personal property already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record thereof in the office of the register of deeds
of the province where such property is located.
CHAPTER 8: ARSON AND OTHER CRIMES INVOLVING DESTRUCTION

• Kinds of Arson:
1. Arson (PD 1613, Sec. 1)
2. Destructive arson (Art. 320, as amended by RA 7659)
3. Other cases of arson (Sec. 3, PD 1613)
• Attempted, Frustrated, and Consummated Arson
o Attempted arson: A person, intending to burn a wooden structure, collects some
rags, soaks them in gasoline and places them beside the wooden wall of the
building. When he about to light a match to set fire to the rags, he is discovered by
another who chases him away. In attempted arson, it is not necessary that there be
a fire.
o Frustrated arson: If that person is able to light or set fire to the rags, but the fire
was put out before any part of the building was burned.
o Consummated arson: If before the fire was put out, it had burned a part of the
building
 • No complex crime of arson with homicide. If by reason of or on the occasion of arson death
results, the penalty of reclusion perpetua to death shall be imposed. Homicide is absorbed.
CHAPTER 9 MALICIOUS MISCHIEF
MALICIOUS MISCHIEF: It is the willful causing of damage to another’s property for the sake of
causing damage because of hate, revenge or other evil motive.
ARTICLE 327 - WHO ARE RESPONSIBLE Elements of malicious mischief:
1. Offender deliberately caused damage to the property of another.
2. Such act does not constitute arson or other crimes involving destruction
3. Act of damaging another’s property be committed merely for the sake of damaging it
ARTICLE 328 - SPECIAL CASES OF MALICIOUS MISCHIEF Special cases of malicious mischief:
(qualified malicious mischief)
1. causing damage to obstruct the performance of public functions
2. using any poisonous or corrosive substance
3. Spreading infection or contagion among cattle
4. causing damage to property of the National Museum or National Library, or to any archive
or registry, waterworks, road, promenade, or any other thing used in common by the
public.
ARTICLE 329 - OTHER MISCHIEFS

• Other mischiefs not included in Art. 328 are punished based on value of the damage
caused.
ARTICLE 330 - DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION

• Committed by damaging any railway, telegraph, or telephone lines. If the damage shall
result in any derailment of cars, collision, or other accident, a higher penalty shall be
imposed. (Qualifying Circumstance)
ARTICLE 331 – DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR
PAINTINGS

• The penalty is lower if the thing destroyed is a public painting, rather than a public
monument
CHAPTER 10: EXEMPTION FROM CRIMINAL LIABILITY
ARTICLE 332 - EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

• Crimes involved in the exemption:

1. Theft
2. Swindling (estafa)
3. Malicious mischief
• If the crime is robbery, exemption does not lie.
• Persons exempt from criminal liability:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line.
 2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same passed into the possession of another.
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

PD 1613, LAW ON ARSON

• SEC. 2. Destructive Arson—The penalty of Reclusion Temporal in its maximum period to

Reclusion Perpetua shall be imposed if the property burned is any of the following:
a. Any ammunition factory and other establishment where explosives, inflammable
or combustible materials are stored.
b. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
c. Any church or place of worship or other building where people usually assemble.
d. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property.
e. Any building where evidence is kept for use in any legislative, judicial, or
administrative or other official proceeding.
f. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,
public or private market, theater or movie house or any similar place or building.
g. Any building, whether used as a dwelling or not, situated in a populated or
congested area.
• SEC. 3. Other Cases of Arson—The penalty of Reclusion Temporal to Reclusion Perpetua
shall be imposed if the property burned is any of the following:
a. Any building used as offices of the government or any of its agencies
b. Any inhabited house or dwelling
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
d. Any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo
grove or forest;
e. Any rice mill, sugar mill, cane mill or mill central
f. Any railway or bus station, airport, wharf or warehouse
• Article 320, RPC, as amended, with respect to destructive arson, and the provisions of PD
1613 respecting other cases of arson provide only one penalty for the commission of arson,
whether destructive or otherwise, where death results therefrom. The raison d’etre is that
arson is itself the end and death is simply the consequence.
• In cases where both burning and death occur, in order to determine what crime/crimes
was/were perpetrated – whether arson, murder, or arson and homicide/murder, it is de
rigueur to ascertain the main objective of the malefactor:
 a. if the main objective is the burning of the building or edifice, but death results by
reason or on the occasion of arson, the crime is simply Arson, and the resulting
homicide is absorbed;
b. if, on the other hand, the main objective is to kill a particular person who may be
in a building or edifice, when fire is resorted to as the means to accomplish such
goal, the crime committed is Murder only; and lastly,
c. if the objective is, likewise, to kill a particular person, and in fact the offender has
already done so, but fire is resorted to as means to cover up the killing, then there
are two separate and distinct crimes committed – Homicide/Murder and Arson
RA 10883: NEW ANTI-CARNAPPING LAW

• The unlawful taking of motor vehicles is now covered by the anti-carnapping law, and not
by the provisions on qualified theft or robbery.
• Carnapping: taking, with intent to gain, of motor vehicle belonging to another without the
latter’s consent or by means of violence against or intimidation of persons, or by force
upon things
• It becomes qualified when in the course of the commission or on occasion of the
carnapping, the owner, driver or occupant of the carnapped vehicle is killed or raped.
• Motor Vehicle: any vehicle propelled by any power other than muscular power using the
public highways.
PD 533 ANTI-CATTLE RUSTLING LAW

• Cattle rustling: taking away by means, methods or schemes, without the consent of the
owner/raiser, of any large cattle whether or not for profit, or whether committed with or
without violence against or intimidation of person or force upon things. It includes killing
of large cattle, taking its meat or hide without the consent of owner/raiser.
• Large cattle: include cow, carabao, horse, mule, ass, other domesticated member of bovine
family. A goat is not included because it is not large.
• Presumption: Every person in possession of large cattle shall upon demand by competent
authorities exhibit required documents. Failure to do so is prima facie evidence that large
cattle in possession are fruits of crime of cattle rustling.
PD 1612: ANTI-FENCING LAW.

• Fencing:
1. the act of any person who,
2. with intent to gain for himself or for another,
3. shall buy, receive, keep, acquire, conceal, sell, or dispose of, or shall buy and sell or
in any other manner deal in
4. any article, item, object, or anything of value
5. which he knows, or should be known to him,
6. to have been derived from the proceeds of the crime of robbery or theft.
• Elements:
1. Robbery or theft has been committed.
2. The accused, who is not a principal or accomplice in the crime of robbery or theft,
buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and
 sells, or in any manner deals in any article, item, object, or anything of value, which
has been derived from the proceeds of the said crime.
3. The accused knows or should have known that the said article, item, object or
anything of value has been derived from the proceeds of the crime of robbery or
theft.
4. There is, on the part of the accused, intent to gain for himself or another.
• Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing.
BATAS PAMBANSA BLG. 22: BOUNCING CHECKS LAW

• BP Blg. 22 may be violated in two ways:

1. By making or drawing and issuing any check to apply on account or for value,
knowing at the time of issue that he does not have sufficient funds in or credit with
the drawee bank for the payment of such check in full upon its presentment, which
check is subsequently dishonored by the drawee bank for insufficiency of funds or
credit or would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment.
2. Having sufficient funds in or credit with the drawee bank when he makes or draws
and issues a check, by failing to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period of ninety (90) days
from the date appearing thereon, for which reason it is dishonored by the drawee
bank.
• Elements of the offense defined in the first paragraph of Section 1:
1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on account or for value.
3. That the person who makes or draws and issues the check knows at the time of
issue that he does not have sufficient funds in or credit with the drawee bank for
the payment of such check in full upon its presentment.
4. That the check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment.
• Elements of the offense defined in the second paragraph of Section 1:
1. That a person has sufficient funds in or credit with the drawee bank when he makes
or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount
of the check if presented within a period of 90 days from the date appearing
thereon.
3. That the check is dishonored by the drawee bank.