CRIMINAL LAW BOOK TWO MODULE 3

Pre- module Questions:

1. In your own words, differentiate the crime of robbery and theft.
2. In your own words, explain the crime of estafa. Give an example.

Answer:

CRIMES AGAINST PROPERTY

Robbery in General (Art. 293)

The elements are:

(1) That there is a taking of personal property;
(2) That the personal property belongs to another;
(3) That the taking is with animus lucrandi (intent to gain); and
(4) That the taking is with violence against or intimidation of persons or
force upon things.

NOTES:

 Intent to gain may be presumed from the proven unlawful taking.

 But when one takes the property under claim of title, intent to gain is
lacking.

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  If a son gets his father's revolver to threaten the latter, there is no
robbery but grave threat. In robbery, the taking must be coupled with
the idea of permanency. (See People v. Ho Choe 50 O.G. 1667)

Classification of Robbery

A. Robbery with Violation Against, or Intimidation of Persons (Art.

294, pars. 1 to 5)

1. Robbery with Homicide-When by reason or on occasion of the robbery,

the crime of homicide shall have been committed.

 The original design of the culprit must be robbery and the homicide is
perpetrated with a view to the consummation of the robbery.
 The word homicide in robbery with homicide is used in its generic
sense as it includes murder and absorbs serious physical injuries
committed during the robbery.
 If a robber were to try to prevent the commission of homicide after the
commission of robbery, he is guilty only of robbery and not of robbery
homicide.
 Additional killings cannot be considered as aggravating circumstances
as there is no law providing that additional killings should be
considered as aggravating circumstances.

2. Robbery with Rape- When the robbery shall have accompanied by rape.

 If the two (2) crimes were separated both by time and space, there
is no complex crime of robbery with rape.
 When the two persons are charged as co-conspirators in the crime
of robbery with rape, the conspiracy to rob is all that is needed to
be proven to punish them all as principals in the crime of robbery
with rape.

3. Also if by reason or on occasion of robbery, physical injury were

committed.

B. Robbery with Force Upon Things (Art. 299)

1. Robbery in an Inhabited House or public Building or Edifice

Devoted to Religious Worship (Art 299)

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 a. The male factors shall enter the house or building in which the
robbery is committed, by any of the following means:
 Through an opening not intended for entrance or egress;
 By breaking any wall, roof, or floor or breaking any door or window;
 By using false keys, picklocks, or similar tools;
 By using any fictitious name or pretending the exercise of public
authority.

Or if-
b. The robbery be committed under any of the following
circumstances:
 By breaking of doors, wardrobes, chests, or any receptacles;
 By taking such furniture or objects away to be broken or forced open
outside the place of the robbery.

2. Robbery in an Uninhabited Place or in Private Building (Art.

302)

Exercise 1

1. If a daughter killed her mother in the occasion of robbery, what crime was
committed by the daughter? Explain your answer briefly.

Answer:

2. If Allan, a hired assassin, shot Bonganoy and when about to leave the
scene, saw the watch of B, and took the same before finally exiting the
crime scene. What crime/crimes were committed by Allan? Explain your
answer briefly.

Answer:

3. If Dencio, the culprit had entered the house through an open door and the
owner not knowing that the culprit was inside, closed and locked the door
from the outside and left, and the culprit after taking personal property in

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the house, went out through the window. What crime was committed by
Dencio? Explain your answer briefly.

Answer:

Theft (Art. 308)

Theft is committed by any person who, with intent to gain, but without
violence against, or intimidation of persons or force upon things, shall take
the personal property of another without the latter's consent. (Matriado v.
People,592 SCRA 534)

The elements are:

(1) That there is taking of personal property;
(2) That the property taken belongs to another;
(3) That the taking was done with intent t gain;
(4) That the taking was done without consent of the owner;
(5) That the taking is accomplished without the use of violence against or
intimidation of person or force upon things.

Person who are liable for theft:

(1) Those who with intent to gain, but without against or intimidation of
person nor force upon things, takes personal property of another without the
latter's consent;
(2) Those who having found lost property, fails to deliver the same to the
local authorities or to its owner.
(3) Those who, after having maliciously damaged the property of another,
remove or make use of the fruits or objects of the damage caused by them;
(4) Those who enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and, without the consent of its owner,
hunt or fish upon the same or gather fruits, cereals or other forest or farm
products.

NOTES:

 Personal property does not only mean corporeal things but also
includes incorporeal property like electricity which can be stolen by
using “jumper”.
 “Gain” is meant not only the acquisition of a thing useful to the
purpose of life but also benefit w/c in any other sense maybe derived
or expected from the act which is performed.

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  The basis of penalty in theft is (1) the value of the thing stolen, and in
some cases (2) the value and also the nature of the property taken
or (3) the circumstances or causes that impelled the culprit to
commit the crime.

Qualified Theft (Art. 310)

The elements are:

(1) That there was taking of personal property;

(2) That the said property belongs to another;
(3) That the taking was done without the consent of the owner;
(4) that the taking was done with intent to gain;
(5) That the taking was accomplished without violence or intimidation
against person, or force upon things;

(6) That the taking was done under any of the circumstances enumerated in
Article 310 of the RPC.

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, mail matter, or 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 fish pond or fishery;

(6) property is taken on the occasion of fire, earthquake, typhoon, volcanic

eruption, or any other calamity, vehicular accident or civil disturbance.

Exercise 2

1. When the accused was living in the house of the offended party, who had
sheltered him out of charity, the accused then took the money and

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belonging of his protector. What crime was committed by the accused if
any? Explain your answer briefly.

Answer:

2. If Alberto, a project manager, repeatedly took construction materials from

the project site, without the authority and consent of the owner of the
construction materials, what crime was committed by Alberto, if there is?
Explain your answer briefly.

Answer:

Brigandage (Art. 306)

The elements of are:

(1) That there are least four armed persons;

(2) That they formed a band of robbers;
(3) That the purpose is any of the following :

(a) to commit robbery in the highway;

(b) to kidnap persons for the purpose of extortion or to obtain ransom;

(c) to attain by means of force and violent any other purpose.

While every brigand is a robber, every robber is not a brigand. ( See

US v. Maano, 2 Phil. 276)

Occupation of Real Property or Usurpation of Real Rights In Property

(Art. 312)

The elements are:

(1) That the offender takes possession of any real property or usurps any
real rights in property;

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(2) That the real property or real right belongs to another;
(3) That the violence against or intimidation of person is used by the
offender in occupying real property or usurping real rights in property;

(4) That there is intent to gain.

Fraudulent Insolvency (Art. 314)

Its elements are:

(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 js prejudice to his creditors.

Swindling or Estafa (Art. 315)

The elements (in general) of the crime are:

(1) That the accused defrauded another by abuse of confidence or by means

of deceit;
(2) That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.
(3)

Elements of Estafa with unfaithfulness:

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 is caused to another.

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Elements of Estafa with abuse of confidence:

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

trust,

2. That there is 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.

Elements of Estafa by taking undue disadvantage of the signature in

blank:
1. That the paper with the signature of the offended party is in blank;
2. That the offended party 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.

Elements of Estafa by means of false pretenses of fraudulent acts:

1. That the offender employs many of the following false pretenses,

fraudulent acts of fraudulent means –

(a) Using fictitious name; falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions;
or by means of other similar deceits;

(b) Altering the quality, fineness, or weight of anything pertaining to his art
or business;

(c) 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;

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(d) Postdating a check, or issuing a check in payment of an obligation when
the offender had no funds or insufficient funds in the bank;

(e) Obtaining any food, refreshments or accommodation at a hotel, inn,

restaurant, boarding house, lodging house, or apartment house and the like
without paying therefore, with intent to defraud the proprietor or manager
thereof; or by obtaining credit at the aforesaid establishments by the use of
any pretense; or by abandoning or surreptitiously removing any part of his
baggage from said establishments after obtaining credit, food, refreshment
or accommodation therein without paying for his food, refreshment or
accommodation.

Elements of Estafa by inducing another to sign any document:

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

2. That deceit be employed to sign a document;

3. That the offended party personally signed the document;

4. That prejudice be caused.

Elements of Estafa by resorting to some fraudulent practice to insure

success gambling:

1. That the offender participates in a gambling game;

2. That he resorts to some fraudulent practice to insure success at the

gambling game.

Elements of Estafa by removing, concealing or destroying documents:

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 offended had intent to defraud another.

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 NOTES:

 In a prosecution for estafa, demand is not necessary where there is

evidence of misappropriation or conversion. However, failure to
account upon demand, for funds or property held in trust, is
circumstantial evidence of misappropriation. (Cosme v. People, G.R.
No. 1419753, November 27, 2006)

 The demand need not be formal; it may be verbal. Thus, a query as to

the whereabouts of the money is equivalent to a demand. (Vide: Lee
v. People, G.R. No. 157781, April 11, 2005, 455 SCRA 256)

Arson

It is defined as the malicious destruction of real property by means of fire.

It is a crime committed by a person who burns or sets fire to the property of

another, or who sets fire to his own property under circumstances which
expose to danger the life or property of another. (See People v. Acosta, 326
SCRA 49; Sec. 1, P.D. No. 1013 [New Arson Law repealing or amending
Arts. 320 to 326-B of the RPC)

PD 1613 pronounces as guilty of arson any person who deliberately

burns another person's property, wherever located…

The elements of arson under Section 3 (2) of P.D. No. 1613 are:

(1) That there is intentional burning; and

(2) That what is intentionally burned is an inhabited house or dwelling.

Malicious Mischief (Art. 327)

The elements are:

(1) That the offender deliberately caused damage to the property of

another;

(2) That such act does not constitute arson or other crimes involving
destruction;

(3) That the act of damaging another's property was committed merely for
the sake of damaging it.
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Post-module Questions

1. Distinguished theft and robbery.

2. Give five examples of crimes against property.
3. Alfredo got his brother’s resolver just to threaten and discourage the
latter from attending his graduation ball what crime has A committed, if
any? Explain your answer briefly.

Answer:

Resources:

Reyes, L. B. The Revised Penal Code, Criminal Law Book 2, 2012 Edition.
C.M. Recto, Manila: Rex Book Store, 2012.

Sandoval, E.G. Pointers in Criminal Law. C.M. Recto, Manila: Rex Book
Store, 2016

Tulalian, V. T. The Revised Penal Code Book 2 Specific Crimes and their
Elements. Philippines: Wiseman’s Book Trading, 2016

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