CONFESSION AND ADMISSION

Confession - It is the direct acknowledgement of guilt arising from the commission of a crime. A
statement of the suspect directly acknowledging his guilt.
Admission - A self-incriminatory statement by the subject falling short of an acknowledgement
of guilt. It is the acknowledgement of fact or circumstance without accepting guilt.

Effects of Confession
a. May be given evidence against him in the investigation or trial of the offense with which
he is charged.
b. May be given to prove the guilt of his companions but it will pass a lot of organization
and debate.
Types of Confession
● Judicial Confession - made by the suspect/accused in open court.
● Extra-Judicial Confession - made by the suspect during custodial investigation this
must be supported by evidence of “Corpus Delicti”

Rules to be Observed in taking Extra-Judicial Confession or Admission

- Must be taken preferably in writing and under oath.
- It must be written in the language known and understood by the accused, if not must be
clearly translated.
- It must be freely and voluntarily given by the accused.
- Under the New Constitution, it must be taken in the presence of competent and
independent counsel chosen by the accused.
- Signed by the confessant or thumb marked.

CRIMES AGAINST PROPERTY

Crimes Against Property are crimes that are directed to a person’s belongings, intellectual properties
and money. It includes many common crimes relating to theft or destruction of someone else’s property.
It is any action whether by theft or destruction and without permission from the rightful owner, to
intentionally permanently deprive or risk depriving an individual or commercial entity from their physical
or virtual property.

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 also committed by the following (RA 3815, 1930, Section 308):
1. Any person who, having found or 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 enclosed 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.
Four Modes of Theft
1. Asportation - It is the carrying away of someone else’s property that is an element of larceny.
The taking away is accomplished without violence or intimidation against a person or force upon
things.
 2. Lost Property - The perpetrator finds a lost item/property and failed or did not intended to
deliver the lost property to its rightful owner (Del Puerto, 2021)
3. Damage to Property - The offender maliciously damages the property of others, and he removes
or makes use of the fruits or objects of the damage cause by him.
4. Hunting or Gathering - The violator enters an enclosed estate or a go field without any consent
of the owner, and where trespass is forbidden. He hunts or fishes, or gathers crops without the
consent of the owner.

Qualified Theft
Is a crime of theft committed by the following (RA 3815, 1930, Section 310):
1. A domestic servant,
2. With grave abuse of confidence,
3. If the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken
from the premises of the plantation or fish taken from a fishpond or fishery, or
4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.

According to the PNP Criminal Investigation Manual (2011). Theft is consummated when the offender is
able to take possession of the thing. Once the thief has full possession of the thing, even if he did not have
a chance to dispose of the same, theft is consummated.
The evidence needed to file a crime of Theft are (PNP, 2011, p.163):
1. Testimonial Evidence- Affidavit of complainant and witnesses
2. Documentary Evidence- photographs, videos, police reports and other documents
3. Object Evidence- stolen items, weapons and other devices
4. Other relevant evidence

Usurpation
Is the occupation of real property or any real rights in property belonging to another by means of violence
against or intimidation of person (RA 3815, 1930, Section 313). According to the Revised Penal Code of
the Philippines (1930) this includes altering boundaries or landmarks. The elements of the offense are:
1. Occupation of another’s real property or usurpation of real right belonging to another person;
2. Violence or intimidation should be employed in possession of the real property or in usurping the
real trial.
3. The accused should be animated by the intent to gain.
The evidence needed to file a crime of Usurpation are as follows (PNP,2011,p.163):
1. Testimonial Evidence - Affidavit of complainant and witnesses
2. Documentary Evidence- photographs, videos, police reports and other documents
3. Object Evidence- real property rights, weapons and other devices
4. Other relevant evidence

Culpable Insolvency
Culpable insolvency also known as Fraudulent insolvency. It is committed by any person who
absconds with his property to the prejudice of his creators (RA 3815, 1930, Section 314). Insolvency
refers to situations where a debtor cannot pay the debts she owes. Culpable insolvency is the fraudulent
disposal or concealment and or disposal of properties of a debtor to defraud his creditors.
The evidence needed to file a crime of Culpable Insolvency are as follows:
1. Testimonial Evidence- Affidavit of complainant and witnesses
2. Documentary Evidence- photographs, videos, police reports and other documents
3. Object Evidence- travel documents and transfer contracts
4. Other relevant evidence
SWINDLING/ESTAFA
Swindling is also known as Estafa, it is an act of defrauding another person by any of the
following means:
1. Unfaithfulness or abuse of confidence:
a. Altering the quality, quantity, and substance of the subject matter in a contract;
b. Misappropriating or converting someone else’s money, goods, or any other personal property; or
denying these from them;
c. Taking advantage of a signature in blank.
2. Deceit of fraudulent acts:
a. Using a fictitious identity to deceive another;
b. Altering quality, fineness or weight of anything pertaining to art or business;
c. Issuing unfunded or postdated checks;
It is important to note the following (PNP, 2011,p. 168-169):
1. It is still essential that the check must be issued in payment of a simultaneous obligation. So, if it was
issued in payment of a pre-existing obligation, there is no estafa since the accused obtained nothing for
the said check.
2. If a check was issued as a mere guarantee, there is no estafa since it was not issued in payment of an
obligation. And when the postdated checks were intended merely as promissory notes, there is also no
estafa.
3. Good faith is a defense regarding the issuance of such checks. The payee's knowledge that the drawer
has no sufficient funds to cover the postdated checks at the time of their issuance negates estafa.
4. Issuance of the check must be a MEANS to obtain a valuable consideration from the payee (offended
party.)
A bad check passer may be prosecuted both for estafa under the Revised Penal Code, and under BP 22.
This instance may arise when the bouncing check is issued to pay an obligation incurred simultaneously
with or in consideration of the check.
If the bouncing check was issued to pay a pre-existing obligation, the drawer is liable only for violation of
BP 22.
If the payee is aware of the insufficiency or lack of fund in the bank to cover the check at the time it was
issued, the drawer may be held liable for BP 22, not estafa since there is no deceit by the drawer.
• BP 22 applies even if the check is a crossed check, or a manager s check or was just used as a guarantee.
• Each act of drawing and issuing a bouncing check constitutes a violation of BP22.
• If the drawer has valid reason to stop payment, he could not be held liable for BP 22.
d. Availing of services from hotels, restaurants, inns, etc. without paying for them.
3. Fraudulent means:
a. Inducing another, through deceit, to sign any document;
b. Resorting to fraudulent practice to ensure success in gambling game; removing, concealing, or
destroying (in or whole part) any court record, office files document or any other papers.
According to Revise PNP Criminal Investigation Manual (2010) the elements of estafa are:
1. There is deceit.
2. There is damage or prejudice to the offended party
3. The deceit is through unfaithfulness or abuse of confidence
4. Some by means of false pretenses or fraudulent acts or means.
5. Other analogous acts.
The evidence needed to file a crime of Estafa are as follows (PNP, 2011,p.165):
1. Testimonial Evidence- Affidavit of complainant and witnesses
2. Documentary Evidence- photographs, videos, police reports and other documents
3. Object Evidence- stolen items, weapons and other devices
4. Other relevant evidence

Syndicated Estafa
 Syndicate Estafa is a swindling (Estafa) that is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out the the unlawful or illegal act, transaction,
enterprise, or scheme, and the defraudation results in the misappropriation of money contributed by
stockholders, or members of rural banks, cooperative, ”samahang nayon”, or farmers associations. Or of
funds solicited by corporations/associations from the general public.
The following standards by which a group of purported swindlers may be considered as a syndicate under
PD No. 1689:
● They must be at least five (5) in number;
● They must have formed or managed a rural bank, cooperative, “samahang nayon,” farmer’s
association or any other corporation or association that solicits funds from the general public.
● They formed or managed or managed such associations with the intention of carrying out an
unlawful or illegal act, transaction, enterprise or scheme i.e., they used the very association that
they formed or managed the means to defraud its own stockholders, members and depositors.

Chattel Mortgage
Chattel Mortgage is a conditional sale of personal security for the payment of a debt, or the
performance of some other obligation specified therein, the condition being that the sale shall be void
upon the seller paying to the purchaser a sum of money or doing some other act named. If the condition is
performed according to its term the mortgage and sale immediately become void, and the mortgage
thereby divested of his title.
Offenses Involving Chattel Mortgage (RA 3815, 1930, Section 319):
1. Knowingly removing personal property mortgaged to any province or city other than the one in
which it was located at the time of the execution of the mortage without the written consent
2. Selling or pledging personal property already mortgaged or any part thereof, under the terms of
the Chattel Mortgage Law without the consent of the mortgage written on the black of the
mortgage and duly recorded in the CM Register.

Malicious Mischief
Malicious mischief are attempts against another property inspired sometimes by hatred or a
desire for revenge and sometimes by the mere pleasure of destroying. According to the Revised Penal
Code of the Philippines, any person who shall deliberately cause the property of another any damage not
failing with the terms of the next preceding chapter shall be guilty of malicious mischief (RA 3815,
Section 1930, Section 327). The elements of the crime of malicious mischief are:
● That the offender deliberately caused damage to the property of another;
● That such act does not constitute arson or other crimes involving destruction;
● That the act of demanding another’s property be committed merely for the sake of damaging it.
Types of Malicious Mischief
1. Causing damage to obstruct the performance of public functions,
2. Using any poisonous or corrosive substance;
3. Spreading any intention or contagion among cattle;
4. Causing damage to the property of a the National Museum or National Library, or to any archive
or registry, watermarks, road, promenade, or any other thing used in common by the public.

Bouncing Checks
Bouncing Checks is an act of making or drawing and issuance of a check without sufficient
funds or credit. This also includes any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep sufficient funds 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.
ROBBERY
According to the 1930 Revised Penal Code of the Philippines any person who, with intent to gain,
shall take any personal property belonging to another, by means of violence or intimidation of any person
or using force upon thing shall be guilty of robbery.
Robbery is theft accomplished by violence or the threat of violence. It almost always requires the
presence of a victim who is threatened with bodily harm.
Elements of the Crime of Robbery:
1. The personal property belongs to another.
2. The unlawful taking of that property.
3. With intent to gain (animus lucrandi).
4. Violence against or intimidation of any person or force upon things.
5. The offenses can be committed by a band or with the use of firearms on a street, road or alley or
by attacking a moving train, street car, motor vehicle or airship or by entering or taking the
passenger conveyance by surprise.
6. Other analogous acts.

Robbery with Violence or Intimidation of Persons

Robbery is oftentimes accompanied by violence or intimidation of another person. The elements of these
are as follows:
● The personal property belongs to another.
● The unlawful taking of that property.
● With intent to gain.
● The taking is with violence against or intimidation of persons.
Five Classes of Robbery with Violence or Intimidation
1. Robbery with Homicide
2. Robbery with rape, intentional mutilation or the physical injuries.
3. Robbery with physical injuries.
4. Robbery committed with unnecessary violence or with physical unjuries.
5. Robbery in other cases, or simply robbery where the violence against or intimidation of persons
cannot be subsumed by or where it is not sufficiently specified so as to fall under the first four.
Robbery by Use of Force upon Things
● There is taking of personal property;
● The personal property belong to another;
● The taking is with animus lucrandi;
● The taking is with force upon things.

Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship

The malefactors shall enter the house or building in which the robbery was committed, by any of the
following means (RA 3815, 1930, Section 229):
1. Through an opening not intended for entrance or egress. (Exit)
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending to exercise public authority.
Or if the robbery be committed under any of the following circumstances (RA 3815, 1930, Section
199):
1. By the breaking of doors, wardrobes, cheats, or any other kind of locked or sealed furniture or
receptacle;
2. By taking such furniture or objects to be broken or forced open outside the place of the robbery.
Inhabited House - means any shelter, ship or vessel constituting the dwelling of one or more persons,
even though the inhabitants are temporarily absent from it when the robbery is committed.

Robbery in an Uninhabited Place or in a Private Building

1. If the entrance has been effected through any opening not for entrance or egress.
2. If any wall, roof, flour or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed
even if the same broken elsewhere.

The term “false keys” includes (RA 3815, 1930, Section 305):
1. The tools mentioned in the preceding articles like picklocks.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender.

The evidence needed to file the crime of robbery are (PNP,2011,p.172):

● Testimonial Evidence -Affidavit of complainant and witnesses
● Documentary Evidence - photographs, videos, police reports and other documents
● Object Evidence - stolen items, weapons and other devices
● Other relevant evidence.

Investigation Checklist for Robbery

Here are some of the things that investigators may have to investigate in case of robberies particularly
when it involves serious injuries or the loss of lives.
1. Find out as much as possible about the crime before going to the scene and upon arrival.
2. Overview. Take your bearings at the crime scene so that you get a rough picture of the area and what
has happened.
3. Start keeping an action log.
4. Cordon off the area or extend the existing cordon if necessary. The perpetrator's route to and from the
scene may need to be cordoned off as well.
5. Make sure that a list is made of the people who enter the crime scene.
6. Pause for thought and start planning. This is where the crime scene analysis starts.
7. Note down your observations continuously. It is a good idea to use a tape recorder.
8. Take a general photograph of the crime scene. Film the scene with a video camera.
9. Search for and collect evidence, objects and reference samples etc. outdoors
10. Search for and collect evidence, objects and reference samples etc. indoors.
11. Take photographs continuously. Photograph all the evidence before it is collected. If possible, engage
a photographer for specialized trace evidence photography.
12. If the robbery was video/filmed (CCTV), view the video to see where evidence might be found.
13. Seize any video recordings and films in still cameras.
14. Draw a sketch. Mark the places where trace evidence and reference samples are collected.
15. Write a continuous seizure report.
16. Find out whether the proceeds of the robbery included bait money.
17. Check the crime scene before you leave it. Make sure that you have not forgotten anything important,
such as interrogation reports, memos, equipment etc.

Entry route
After a robbery, it is important to investigate how the offender got in. It is important to find the entry
route, which is not necessarily a door. Look at the building from the outside and try to find traces of a
break-in or other damage to doors or windows. Check the function of the lock and check whether there
are any pick marks (PNP, 2011, p. 41).
Ask the victim
Find out from the victim what has been stolen and where there are traces of objects being moved by the
perpetrator. That is the place to look for trace evidence (PNP,2011,p.41).
Latent footwear prints
Paper on the floor is always of interest since there may be latent footwear prints on it. Collect all paper
and then look for footwear prints on the paper at your unit or send the papers to the Crime Laboratory for
examination. There may also be latent footwear prints on desk pads. Chair seats, etc. (PNP, 2011, p. 42).

Brigandage
Brigands, also known as Highway Robbers, are a group of more than three armed persons
forming a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons
for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force
and violence. (RA 3815, 1930, Section 306).
According to the Anti-Piracy and Anti-Highway Robbery Law of 1974, Brigandage is the seizure of any
person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by
means of violence against or intimidation of person or force upon things of other unlawful means,
committed by any person on any Philippine Highway.
Brigandage Investigation
Article 306-307 of the Revised Penal Code of the Philippines, and the Anti-Piracy and Anti-Highway
Robbery Law of 1974, criminalized the act of committing robbery in the highway, or kidnapping persons
for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force
and violence by more than three armed persons or a band of robbers.
The elements of crime of brigandage according to the PNP Criminal Investigation Manual 2011 are the
following:
● The offense is committed by at least four armed persons.
● The offenders formed a band for the purposes of committing any or all of the following:
- Robbery in the highway;
- Kidnap persons for ransom;
- Attain any other purpose through force and violence.
- There is a preconceived or intended victim.

Arson
Arson is the intentional burning or setting fire to the property of another or own property under
circumstances which expose to danger the life or property of another. The elements of the crime of Arson
are (PNP, 2011, p. 176):
1. Actual burning took place.
2. Actual burning is done with malicious intent.
3. The chemical burning is done by a person(s) legally and criminally liable.

Destructive Arson (PD 1613, 1979), it is considered as destructive arson if the property burned is any of
the following:
1. Any ammunition factory and other establishment where the explosive, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or
social services.
3. Any church or place of worship or other building where people usually assemble.
 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
7. Any building, whether used as dwelling or not, situated in a populated or congested area.

Other Cases of Arson

The following are other cases of Arson (PD 1613, 1979, Section 3):
1. Any building used as offices of the government or an of its agencies:
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Special Aggravating Circumstances in Arson
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.

Levels of Offense for Arson (acc. to the PNP Revised Criminal Investigation Manual (2011)
1. Attempted Arson - the suspect gets rag and soaks it in kerosene with intent to burn the house of
the victim, his enemy. Suspect puts rag in a combustible portion of the victim’s house and when
in the act of striking his match in order to burn the rag soaked with kerosene. Suspect is arrested
by a policeman who happens to pass by.
- The suspect begins the commission of the felony directly by overt acts but does not fulfill all the
acts of execution necessary to produce the felony by reason of the timely arrival of the policeman.
2. Frustrated Arson - The suspect, with intent to burn, puts the rag soaked with kerosene in the
combustible part of the victim’s house. A lights the rag and while it’s burning, the suspect runs
away. Before the fire from the rag consumes any part of the house, the victim discovers it and
extinguishes the fire.
- Suspect had already performed all the acts of executions necessary to produce a felony but the
felony was not produced by the reason of the timely arrival of the victim, which is independent of
the will of the suspect.
3. Consummate Arson - The suspect, with intent to burn, lights a rag soaked with kerosene on the
combustible part of the victim’s house. But before the fire was extinguished by the victim, it had
already burned a small portion of the house.
- The suspect had already performed all the acts of execution necessary to produce the felony. The
consummation of the crime does not depend upon the extent of damage caused. Any charring of
the wood or structure, whereby the fiber of the wood is destroyed, is already sufficient. It is not
necessary that the wood or structure should be ablazed. Setting fire to the contents inside the
building can constitute a consummated crime of arson, regardless if no part of the building was
burned.

LEGAL PROVISIONS ON CRIMES AGAINST PROPERTY

Revised Penal Code
 The Republic Act 3815, of 1930, commonly known as the Revised Penal Code of the Philippines.
It is an act revising the Penal code and other Penal Laws of the Philippines. It contains the general penal
laws of the Philippines.
First enacted in 1930, it remains in effect today, despite several amendments on it.
It consists of two books; the first book deals with the general provisions regarding the date of
enforcement and application of the provisions of the Revised Penal Code, and regarding the offenses, the
persons liable and the penalties (RA 3815, 1930, Book One). While the second book deals with different
categories of crimes and it designated penalties (RA 3815,1930, Book One).
The provisions on Crimes Against Property and its corresponding penalties were presented on Title
number 10 of the Book 2. The list of property crimes enumerated on it are:
1. Robbery,
2. Brigandage,
3. Theft,
4. Usurpation,
5. Culpable Insolvency,
6. Swindling/Estafa,
7. Chattel Mortgage,
8. Malicious Mischiefs
9. Arson and other Crimes involving Destruction

Exceptions from Criminal Liability in Crime Against Property

According to the Revised Penal Code of the Philippines (1930), No criminal, but only civil liability, shall
result from the commission of the crime of theft, swindling or malicious mischief committed or caused
mutually by the following persons (RA 3815, 1930, Section 333):
1. Spouses, ascendants and descendants, or relatives by affinity in the same line.s
2. The widowed spouse with respect to the property which belonged to the deceased spouse before
the same shall have passed into the possession of another; and
3. Brothers and Sisters and brothers-in-law and sister-in-law, if living together.

Prepared by: Laiza Dico🤍