CRIMINAL LAW

BOOK 2

Atty. Rene Steve Acla Garbo

 CRIMES
AGAINST
PERSONAL
LIBERTY AND
SECURITY
Kidnapping and Serious Illegal Detention
Any private individual who shall kidnap or detain another, or in any manner
deprived of his liberty.

ELEMENTS. -
1. That the offender is a private individual
2. That the kidnaps or detains another, or in any manner, deprived the
latter of his liberty;
3. The act of detention or kidnapping must be illegal; and
4. In the commission of the offense any of the following circumstances
are present
a. kidnapping/detention shall have lasted more than 3 days
b. Committed by simulating public authority;
c. Any serious physical injuries are inflicted or threats to kill him;
d. Victim is a minor, female, or a public officer.
 Kidnapping and Serious Illegal Detention
Notes:
★ First element. - if the accused is a public officer → Arbitrary Detention
★ Second element. - if the victim has the freedom to leave the premises where
she was confined, the crime of illegal detention cannot rise because she was
not deprived of her liberty.
★ Four element. -
○ Either of the enumerated from (a to d) will constitute the crime of
kidnapping and serious illegal detention;
○ If kidnapping or detention was committed for the purpose of extorting
ransom, the crime of kidnapping and serious illegal detention is
committed even neither of the enumerate is present.
★ Murder vs. Kidnapping. - determine the intent.
○ If the intent is to kill the victim and kidnapping was only used as a means
to execute the same, the crime is Murder.
○ When the person dies as a consequence of detention or raped or tortured
or dehumanizing act → kidnapping maximum penalty
 Slight illegal detention
Any private individual who shall commit the crimes described in the next
preceding article without the attendance of any of the circumstances
enumerated.

Note:
★ The same penalty shall be incurred by anyone who shall furnish the place
for the perpetration of the crimes;
★ If the offender shall voluntarily release the person so kidnapped or
detained within 3 days from the commencement of the detention, without
having attained the purpose intended, and before the institution of
criminal proceeding against him, the penalty shall be prison mayor in its
minimum and medium periods.
 Unlawful Arrest
Any person who, in any case other than those authorized by law, or without
reasonable ground therefor, shall arrest or detains another for the purpose of
delivering him to the proper authorities.

Elements:
1. That the offender arrest or detains another person;
2. That the purpose of the offender is to deliver him to the proper
authorities;
3. Tha the arrest or detention is not authorized by law or there is no
reasonable ground therefor.
 Unlawful Arrest
Notes: -
★ Private individual vs. Public Officer
○ Arrest made by Private individual
■ Citizen’s arrest with valid ground → no crime
■ Citizen's arrest without valid ground → unlawful arrest

○ Arrest made by a public officer

■ No authority to arrest and detained a person or if he did not act
in his official capacity → unlawful arrest
■ With authority to arrest and detain but the arrest was without
legal grounds → Arbitrary detention
 Kidnapping of Minors

Kidnapping and Failure to return a minor Inducing a Minor to Abandon his Home

Any person who, being entrusted Anyone who shall induce a minor to
with the custody of a minor person, abandon the home of his parent or
shall deliberately fail to restore the guardian or the person entrusted
latter to his parents or guardian. with his custody.

Note: Note:
★ It is different from kidnapping ★ It is not necessary that the
and serious illegal detention minor abandons the home
since the custody of the minor
was entrusted to the offender
Abandonment of persons in danger and
Abandonment of One’s own Victim
Any person who
1. Shall fail to render assistance to any person whom he shall find in an
uninhabited place wounded or in danger of dying, when he can render
such assistance without detriment to himself
2. Shall fail to help or render assistance to another whom he has
accidentally wounded or injured;
3. Found an abandoned child under 7 years of age, shall fail to deliver said
child to the authorities or to his family, or shall take him to a safe place.
 Abandoning a minor
Anyone who shall abandon a child under seven (7) years of age, the custody of
which is incumbent upon him.

Note:
★ The abandonment referred to in this provision is not momentary leaving
of the child, but the abandonment deprives him of the care and
protection from danger to his person.
Abandonment of minor by person entrusted
with his custody; indifference of parents
Anyone who, having charge of the rearing or education of a minor, shall
deliver the said minor to a public institution or other persons, without the
consent of the one who entrusted such child to his care or, in the absence of
the latter, without consent of the proper authorities

Note:
★ The same penalty shall be imposed upon the parents who shall neglect
their children by not giving them education which their situation in life
requires financial condition permits. → indifferent of parents
 Qualified Trespass to Dwelling
Any private person who shall enter the dwelling of another against the latter’s
will.

Elements:
1. That the offender is a private individual;
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s will
 Qualified Trespass to Dwelling
Notes:
★ Dwelling → means any building or structure exclusively devoted for rest
and comfort.

★ Trespass
 CRIMES
AGAINST
PROPERTY
ART. ROBBERY
It is the taking of personal property belonging to

293 another, with intent to gain, by means of violence

against, or intimidation of any person, or using
force upon anything.
 ROBBERY
Personal Property belonging Unlawful taking of that
to another property

ELEMENTS

Violence,intimidation or force
Taking is with intent to gain
upon anything
 NOTES

★ The thing taken MUST be ★ Real property vs. Personal

personal property. Otherwise, Property
if it is real property the
crime committed is Real property - immovable
Usurpation under Art. 312 of properties
the Revised Penal Code.
Personal property - movable
properties

★ Ownership of the thing stolen is Immaterial.

★ The property taken or the subject matter may be illegal /

prohibited.
 ROBBERY

ROBBERY WITH VIOLENCE OR ROBBERY BY THE USE OF

INTIMIDATION FORCE UPON THINGS
(Art. 294, 295, 296, 297, & 298) (Art. 299, 300, 301, 302, 303,
304, & 305)
 ROBBERY WITH VIOLENCE OR INTIMIDATION
Art. 294 Robbery With Violence Or Intimidation RULE

By reason or on occasion of robbery Where the original design

the crime of ___ have been comprehends robbery and homicide
committed: is perpetrated with a view to the
❏ Homicide consummation of robbery , the
❏ Rape offense committed is robbery with
❏ Intentional Mutilation homicide.
❏ Arson
❏ Serious Physical Injuries under However, if the original design is not
❏ Unnecessary for the commission commit robbery, but robbery is
of the crime committed after the homicide as an
afterthought, the criminal acts
should be viewed as 2 distinct
offense.
 NOTES
Robbery with Homicide Robbery with rape

❏ Homicide, to eliminate an ❏ Even if rape was committed

obstacle to the commission of before taking of personal
robbery; property
❏ Homicide, necessary to defend
possession of stolen goods;
❏ Homicide, committed to remove
opposition or to suppress
evidence;
❏ Homicide, to escape after the
commission of robbery
 Art. 294 Robbery With physical injuries committed in an uninhabited
place and by a band, or with the use of firearm on a street, road or alley

If any of the offenses defined in

subdivision 3, 4, and 5 of Article 294 is
committed - “Punished by Maximum penalty”.
❏ In an uninhabited place;
❏ By a band;
❏ Attacking a moving train, streetcar,
motor vehicle, or airship; or
❏ By entering the passengers
compartments in a train, or in any
manner taking the passengers
thereof by surprise in the respective
conveyances.
❏ On a street, road, highway, or alley,
and the intimidation is made with
the use of firearms
 Art. 296. Definition of a band and penalty incurred by
the malefactors
When more than 3 armed Any member of the band who is
malefactors take part in the present at the commission of a
commission of a robbery, it shall robbery by the abdn, shall be
be deemed to have been punished as principal of any of the
committed by a band. assaults committed by the band.

Except, it is shown that he

attempted to prevent the same.
 NOTES

★ When any of the arms used in

the commission of the offense
be an unlicensed firearm, they
are also liable for illegal
possession of such firearms.
ROBBERY BY USE
OF FORCE UPON
THINGS
Art. 299, 300, 301, 302, 303, 304 & 305
 ART. ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE
SUBDIVISION A SUBDIVISION B
❏ THAT THE OFFENDER ENTER (a) an ❏ THAT THE OFFENDER is inside (a) a
inhabited place, (b) public building, or dwelling house, (b) public building, or
(c) edifice devoted to religious worship (c) edifice devoted to religious worship
❏ Entrance was effected by any of the ff regardless of the circumstances in
means: which he entered it
❏ Through an opening not intended ❏ That he took personal property
for entrance / egress belonging to another, with intent to
❏ Breaking any wall, roof, floor, door gain, under any of the ff
or window ❏ Breaking doors, wardrobes, chests,
❏ Using false key, picklocks or etc or any other kind of locked or
❏ Using fictitious name or sealed furniture or receptacle; or
pretending the exercise of public ❏ By taking such furniture or objects
authority; away to be broken or forced open
❏ Once inside, took personal property outside the place of the robbery
 NOTES
SUBDIVISION A SUBDIVISION B

❏ The offender must enter the ❏ When the sealed box or

house / building receptacle is taken out of the
❏ Inhabited house includes any house or building for the
shelter, ship or vessel purpose of breaking it outside, it
❏ The entrance must be of the is not necessary that it is
enumerated circumstances actually opened, RObbery is
❏ The whole body of the culprit already consummated.
must be inside the building to
constitute entering
❏ Outside door / outside wall /
I. John dreamed of having a house and a lot of his own. While
scouting, he saw a newly constructed bungalow house
owned by Erik. To make it his and with intent to gain, he
used force and intimidation against Erik and took
possession of the house and lot. Is John liable for Robbery?
Why?

II. John wanted to own an M16 Rifle but he does not have
money to buy one. He learned that his neighbor was selling
his unlicensed M16 Rifle. In the cover of the night, he went
to the house of his neighbor broke the window, and entered
the same. Upon seeing the rifle he immediately took it and
ran away. Is John liable for Robbery? Why?
 Answer
I. No, John is not liable for Robbery.

The Revised Penal Code provides there is a crime of robbery

when there is taking of personal property belonging to another,
with intent to gain, by means of violence against, or intimidation
of any person, or using force upon things.

In this case, the property that was taken was a house and lot
which is real property and not personal property.
Hence, the crime committed is not Robbery
 Answer
I. Yes, John is not liable for Robbery.

The Revised Penal Code provides there is a crime of robbery

when there is taking of personal property belonging to another,
with intent to gain, by means of violence against, or intimidation
of any person, or using force upon things.

In this case, all the element of the crime of Robbery are present.
John entered his neighbor’s house by breaking his window and
took the M16 Rifle without the latter’s consent.
ART. THEFT
It is the taking of personal property belonging to

308 another, with intent to gain, without violence

against, or intimidation of persons nor force
upon things.
 ELEMENTS
T ★ That there be taking of personal property

H ★ That said property belongs to another

E ★ That the taking be done with intent to gian

F ★ That the taking be done without the consent of the

owner

T ★ That the taking be accomplished without the use of

violence or intimidation of persons or force upon things
T Any person
Any person who shall

H
Any person who, enter an inclosed
who,
after having estate or a filed here
having
maliciously trespass is forbidden
found lost
damaged the or which belongs to
property,

E
property of another and without
shall fail to
another, shall the consent of the
deliver the
remove or make owner, shall hunt or
same to
use of the fruits fish upon the same or

F
the local
or object of the shall gather fruits,
authorities
damage caused cereals, or other
or to its
by him forest or farm
owner.
products

T
 NOTES
TAKING

❏ It must be capable of ❏ There is taking even if the

appropriation. offender received the thing
from the offended party.
❏ It need not be capable of ❏ A received a bar of gold from
asportation. B for purposes of examining it
by a goldsmith. However, with
intent to gain, he
appropriated the said gold
“Carrying away” without the consent of the
owner.
 NOTES
PERSONAL PROPERTY

❏ Personal property as an ❏ A meter reader of Manila

element of theft includes Electric company who,
electricity and gas because misread the electric meter for
electricity, the same as gas, is consideration of money is
a valuable merchandise guilty of theft;
bought and sold like other ❏ A consumer who used a
person property and is “jumper” is also guilty of theft.
capable of appropriation by
another.
 NOTES
Founder

A found in his carretela a purse B is liable for theft, because

containing money and jewelry left although B is not a finder in fact,
by a passenger. A deliver it ot B, a he in a finder in law.
policeman, with a request to give it
to C, the owner thereof. B did not “Voluntary substitution”
give it to C and appropriated it.
 NOTES

❏ Theft is consummated when ❏ Intent to gain is presumed

the culprits were able to take
possession of the thing taken ❏ NO CRIME OF FRUSTRATED
by them. THEFT
❏ It is not indispensable element
of theft that the theft carry ❏ Presumption as to possession
more or less far away, the of stone property
thing taken by him from its
owner.
 QUALIFIED
ART.
THEFT
310 It is the taking of personal property belonging to
another, with intent to gain, without violence
against, or intimidation of persons nor force
upon things but with any of the qualifying
circumstances.
 QUALIFYING CIRCUMSTANCES

★ Domestic Servant

★ Grave Abuse of Confidence

★ Motor vehicle / Mail Matter / Large Cattle

★ Coconuts taken from the premises of a plantation

★ Fish Taken from a fishpond or fisher

★ On the occasion of fire, earthquake, typhoon, volcanic eruption, or any

other calamity, vehicular accident or civil disturbance
 NOTES
Grave Abuse of Confidence

❏ There must be allegation in

the information and proof of a
relation, by reason of
dependence, guardianship, or
vigilance, between the
accused and the offended
party, that has created a high
degree of confidence between
them, which the accused
abused.
ART. USURPATION
Taking of possession of any real property or shall
usurp any real rights in property belonging to

312 another by means of violence against or

intimidation of persons.
 ELEMENTS

★ That the offender takes possession of any real property or usurps any
real rights in property

★ That the real property or real rights belong to another

★ That violence against or intimidation of persons is used by the offender in

occupying real property or usurping real rights in property

★ That there is intent to gain

 PUNISHABLE ACTS
1ST 2ND

❏ Taking possession of any ❏ Usurping any real rights in

real property belonging to property belonging to another
another by means of violence by means of violence against
against or intimidation of or intimidation of persons.
persons
 ALTERING
BOUNDARIES OR
LANDMARKS
ART. Any person who shall alter boundary marks or
monuments of towns, provinces, or estates, or

313 any other marks intended to designate the

boundaries of the same.
 ELEMENTS

★ That there be boundary markrs or monument of towns, provinces, or

estates, or any other marks intended to designate the boundaries of the
same

★ That the offender alters said boundary marks

 FRAUDULENT
INSOLVENCY
ART. Any person who shall abscond with his property
to the prejudice of his creditors.

313
 ELEMENTS

★ That the offender is a debtor, that is, he has obligation due and payable

★ That he absconds with his property

★ That there be prejudiced to his creditors

 SWINDLING /
ESTAFA
ART. Any person who shall defraud another by any of
the means mentioned by this article.

313
 FRAUDULENT
ACTS

FALSE PRETENSE OR
WITH UNFAITHFULNESS OR
FRAUDULENT ACTS
ABUSE OF CONFIDENCE

ANY OTHER FRAUDULENT

MEANS
UNFAITHFULNESS OR ABUSE OF CONFIDENCE

★ Altering the substance, quantity, or quality of 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

★ By misappropriating or converting, to the prejudice of another,

money, goods, or any other persona 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 through such obligation be totally or partially guaranteed
by a bond; or by denying having received such money, goods, or
other property

★ 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 any third persons
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By using fictitiou name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency business or
imaginary transactions, or by means of other similar means

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

art or business

★ 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.

★ By postdating a check, or issuing a check in payment of an obligation

when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check.
 UNFAITHFULNESS OR ABUSE OF CONFIDENCE

★ Altering the substance, quantity, or quality of 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

Elements:
1) Obligation to deliver something of value;
2) He alters the substance quality, or quantity;
3) Damage or prejudice is caused to another.

Example -
“When there is no agreement to the
Johnny Walker → Emperador quality of the thing to be delivered,
the delivery of the thing not
Good → Bad
acceptable to the complainant is
1000 ml → 500 ml NOT ESTAFA”
UNFAITHFULNESS OR ABUSE OF CONFIDENCE
★ By misappropriating or converting, to the prejudice of another, money, goods,
or any other persona 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 through such obligation
be totally or partially guaranteed by a bond; or by denying having received
such money, goods, or other property

Elements:
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; and
4. That there is demand made by the offended party to the offender
 UNFAITHFULNESS OR ABUSE OF CONFIDENCE

★ 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 any third persons

Elements:
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 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.

Note - the paper with the signature in blank must be delivered by the
offended party to the offender otherwise guilty of falsification.
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By using fictitiou name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency business or
imaginary transactions, or by means of other similar means

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

art or business

★ 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.

★ By postdating a check, or issuing a check in payment of an obligation

when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check.
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
ELEMENTS

★ That there must be a false pretense, fraudulent act or fraudulent

means

★ That such false pretense, fraudulent act or fraudulent means must be

made or executed prior to or simultaneously with the commission of
fraud

★ That the 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

★ That as a result thereof, the offended party suffered damage

 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By using (1) fictitious name, or (2) falsely pretending to possess
power, influence, qualifications, property, credit, agency business or
imaginary transactions, or (3) by means of other similar means

Notes

★ No deceit if the complainant was aware of the fictitious nature of the

pretense
★ Indispensable requirement for the application 2 (a) – Deceit or false
pretense must be the efficient cause which induced the offended
party to part with his money or property.
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By altering the quality, fineness or weight of anything pertaining to his
art or business

★ 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.
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By postdating a check, or issuing a check in payment of an obligation
when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check.
 FALSE PRETENSE OR FRAUDULENT ACTS
(Estafa with by means of deceit)
★ By postdating a check, or issuing a check in payment of an obligation
when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check.

Elements
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
 NOTES
Prima Facie Evidence of Deceit

❏ The failure of the drawer of

the check to deposit the
amount necessary to cover his
check within 3 days from
receipt of notice from the
bank and / or payee or holder
that said check has been
dishonored for lack or
insufficiency of funds shall be
prima facie evidence of deceit
constituting false pretense or
fraudulent act.
 Violation of BP 22 or the Bouncing Checks Law

1st 2nd
❏ That a person makes or draws and issue ❏ That a person has sufficient funds
any check; in or credit with the drawee bank
❏ That the check is made or drawn and
when he makes or draws and
issued to apply on account or for value;
❏ That the person who makes or draws and issue a check
issue the check knows at the time of ❏ That he fails to keep sufficient funds
issue that the does not have sufficient or to maintain a credit to cover the
funds in or credit with the drawee full amount of the check if presented
bank for the payment of such check in full within a period of 90 days from the
upon its presentment date appearing thereon
❏ That the check is subsequently dishonored
❏ That the check is dishonored by the
by the drawee bank for insufficiency of
funds or credit or would have been drawee bank
dishonored for the same reason had not
the drawer, without, any valid reason,
ordered the bank to stop payment
 NOTES

❏ NOTICE OF DISHONOR -
required
❏ Estafa by postdating or
issuing check - within 3 days
❏ Violation of BP 22 - within 5
days
 Estafa by postdating or issuing check
Vs.
Violation of BP 22 or the Bouncing Checks Law
Estafa by postdating or issuing check Violation of BP 22

❏ Intent to Deceive ❏ Mere act of drawing or issuing

❏ Issuance of the check must unfunded check
not be in payment of a ❏ May be for pre-existing
pre-existing obligation obligation
❏ Within 3 days ❏ Within 5 days
THROUGH ANY OF THE FOLLOWING FRAUDULENT
MEANS
★ By inducing another, by means of deceit, to sign any document

★ By resulting to some fraudulent practice to insure success in

gambling game

★ By removing, concealing or destroying, in whole or in part, any court

record, office files, documents or any other papers.
ART. OTHER FORMS
316 OF SWINDLING
 OTHER FORMS OF SWINDLING
❏ Any person who, pretending to be ❏ Any person who, to the prejudice
the owner of any real property, of another, shall execute any
shall convey, sell, encumber, or fictitious contract;
mortgage the same; ❏ Any person who shall accept any
❏ Any person who, knowing that real compensation given him under the
property is encumbered, shall belief that it was in payment of
dispose of the same, although services rendered or labor
such encumbrance be not performed by him, when in fact he
recorded; did not actually perform such
❏ The owner of any personal service or labor;
property who shall wrongfully take
it from its lawful possessor, to the
prejudice of the latter or any third
person;
 OTHER FORMS OF SWINDLING
❏ 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.
ART. SWINDLING A
317 MINOR
 ELEMENTS

★ That the offender takes advantage of the inexperience or emotions or

feelings of a minor

★ That he induces such minor (1) to assume an obligation, or (2) to give

release, or (3) to execute a transfer of any property right

★ That the consideration is (1) some loan money, (2) credit, or (3) other
personal property

★ That the transaction is to the detriment of such minor

ART.
OTHER DECEITS
318
 OTHER DECEITS

★ By defrauding or damaging another by any other deceit not mentioned in

the preceding articles

★ By interpreting dreams, by making forecast, by telling fortunes, or by

taking advantage of the credulity of the public in any other similar
manner, for profit or gain.
ART. CHATTEL
310 MORTGAGE
 ACTS PUNISHED UNDER ART. 310
Knowingly removing any personal Selling or pledging personal
property mortgaged under the Chattel property already pledged, or any
Mortgage Law to any province or city part thereof, under the terms of
other than the one in which it was the Chattel Mortgage Law, without
located at the time of execution of the the consent of the mortgagee
mortgage, without the written consent written on the back of the
of the mortgagee or his executors, mortgage and noted on the record
administrators or assigns. thereof in the office of the register
of deeds of the province where
such property is located.
 MALICIOUS
MISCHIEF
ART. It is the wilful damaging of another’s property
for the sake of causing damage due to hate,

327 revenge or other evil motive.

 ELEMENTS

★ 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 damaging another’s property be committed merely for the
sake of damaging it.
ART. PERSONS EXEMPT FROM
332 CRIMINAL LIABILITY
 NOTES
PERSONS EXEMPTED CRIMES INVOLVED IN THE EXEMPTION

1) Spouses, ascendants and ❏ THEFT

descendants, or relatives by ❏ SWINDLING (ESTAFA)
affinity in the same line; ❏ MALICIOUS MISCHIEF
2) The widowed spouse with
respect to the property which
belonged to the deceased NOTE - ONLY civil liability
spouse before the same shall
have passed into the possession ➔ the exemption shall not be
of another; applicable to strangers
3) Brother and sister and brother - participating in the commission
in - law and sisters - in - law, if of the crime.
living together