1. The offender is a public officer or 1. The offender does not take direct part
employee in the crime of sedition
2. Failing to resist a rebellion by all the 2. He incites others to the
means in their power accomplishment of any of the acts
3. By continuing to discharge the duties of which constitute the sedition.
their offices under the control of the 3. Inciting is done by means of speeches,
rebels proclamations, writings, emblems,
4. Accepting appointment to office under cartoons, banners, or other
them. representation tending to the same
end.
Art 138- Sedition
Art 143- Acts Tending to prevent the meeting
1. The offender rise (a) publicly and (b)
of the Assembly and similar bodies
tumultuously
2. They employ force, intimidation or 1. There be a projected or actual meeting
other means outside of legal methods. of the National Assembly or any of its
3. The offender employ any of those committees/subcommitteess,
means to attain any of the following: constitutional committees or divisions
a. Prevent the promulgation or or any provincial/city board.
execution of any law or the 2. The offender may be any person
holding of any popular election. prevents such meeting by force or
fraud.
Art 144- Disturbance of proceedings a. The offender (any person) use force,
intimidation, threats or fraud
1. There be a projected or actual meeting b. The purpose of the offender is to
of the National Assembly or any of its prevent any member of the National
committees/subcommitteess, Assembly from
constitutional committees or divisions a. Attending the meetings of the
or any provincial/city board. assembly
2. The offender does any of the following b. Expressing his opinions
acts: c. Casting his votes
a. Disturbs any of such meeting 2. By arresting or searching any members
b. Behaves while in the presence thereof while the Assembly is in regular
of any such bodies in such
or special session except in case such
manner as to interrupt its member has committed a crime
proceedings or to impair the punishable under RPC by a penalty
respect due it. higher than prision mayor.
Art 143- Acts tending to prevent the meeting Elements
of the Assembly and similar bodies
a. The offender is a public officer or
1. There be a projected or actual meeting employee
of the National Assembly or any of its b. He arrests or searches any member of
committees or subcommittees, the National Assembly
constitutional committees or divisions c. The Assembly, at the time of the arrest
thereof. or search is in regular or special
2. The offender who may be any person sessions
prevents such meeting by force or d. The member arrested or searched has
fraud. not committed a crime punishable
Art 144- Disturbance of proceeding under the RPC by a penalty higher than
prision mayor.
1. There be a meeting of the National
Assembly or any of its committees or Art 146- Illegal Assemblies
subcommittees, constitutional Acts Punished
committees or divisions thereof.
2. The offender does any of the following 1. Any meeting attended by armed
acts: persons for the purpose of committing
a. Disturbs any of such meetings. any of the crimes punishable under the
b. Behaves while in the presence Code.
of any such bodies in such
manner as to interrupt its Requisites
proceedings or to impair the 1. There is a meeting,
respect due it. gathering or group of
persons whether in a
fixed place or moving.
Art 145- Violation of Parliamentary Immunity 2. The meeting is
attended by armed
Acts Punishable persons.
1. By using force, intimidation, threats or 3. The purpose of the
frauds to prevent any member of the meeting is to commit
National Assembly from (1) attending any of the crimes
the meeting of the Assembly or any of punishable under the
its committees or subcommittees (2) RPC.
expressing his opinions or (3) Casting 2. Any meeting in which the audience
his votes. whether armed or not, is incited to the
commission of the crime of treason,
Elements rebellion or insurrection, sedition or
1. Discharging any firearm, rocket, Art 159- Other cases of evasion of service of
firecracker or other explosive within sentence
any town or public place.
1. The offender was a convict
2. Instigating or taking an active part in 2. He was granted a conditional pardon by
any charivari or other disorderly the Chief Executive.
meeting offensive to another or 3. He violated any of the condition of such
prejudicial to public tranquility. pardon.
3. Disturbing the public peace while
wandering about a night or while Art 160- Commission of another crime during
engaged in any other nocturnal service of penalty imposed for another
amusement. previous offense
1. Mutilating coins of the legal currency 1. Any treasury or bank note or certificate
with the further requirements that or other obligation and security payable
there be intent to damage or to defraud to bearer or any instrument payable to
another. order or other documents of credit not
2. Importing or uttering such mutilated payable to bearer is forged or falsified
coins, with the further requirement that by another person.
there must be connivance with the 2. The offender knows that any of those
mutilator or importer. instruments is forged or falsified.
3. The offender performs any of the
Art 165- Selling of false or mutilated coins, following acts:
without connivance a. Using any of such forged or
falsified instruments
Acts Punished
Art 178- Using fictitious name and concealing 2. The statement or affidavit was made
true name before a competent officer authorized
to receive and administer oath.
1. The offender uses a name other than 3. In that statement or affidavit, the
his real name accused made a willful and deliberate
2. That he uses fictitious name publicly assertion of a falsehood.
3. The purpose of the offender is 4. The sworn statement or affidavit
a. To conceal a crime containing the falsity is required by law.
b. To evade the execution of a
judgment
c. To cause damage to public
interest Art 184- Offering false testimony in evidence
Art 179- Illegal use of uniforms or insignia 1. The offender offered in evidence a false
witness or testimony
1. The offender makes use of insignia, 2. He knew the witness or the testimony
uniform or dress. was false.
2. The insignia, uniform or dress pertains 3. The offer was made in a judicial or
to an office not held by the offender or official proceeding
to a class of person of which he is not a
member. Art 185- Machinations in public auctions
3. Said insignia, uniform or dress is used 1. Soliciting any gift or promise
publicly and improperly. a. There be a public auction
Art 180- False testimony against a defendant b. The accused solicited any gift or
promise from any of the
1. There be a criminal proceeding bidders
2. The offender testifies falsely under oath c. That such gift or promise was
against the defendant therein the consideration for his
3. The offender who gives false testimony refraining from taking part in
knows that it is false. that public auction
4. The defendant against whom the false d. The accused had the intent to
testimony is given is either acquitted or cause the reduction of the
convicted in a final judgment. priced of the thing auctioned.
2. Attempting to cause bidders to stay
Art 181- False testimony against favorable to away
the defendant a. There be a public auction
Art 182- False testimony in Civil Case b. The accused attempted to
cause the bidders to stay away
1. The testimony must be given in a civil from that public auction.
case. c. It was done by threats, gifts,
2. The testimony must relate to the issues promises or any other artifice.
presented in said case. d. The accused had the intent to
3. The testimony must be false cause the reduction of the price
4. The false testimony must be given by of the thing auctioned.
the defendant knowing the same to be
false. Art 186- Monopolies and combinations in
5. The testimony must be malicious and restraint of trade
given with an intent to affect the issues Acts Punishable
presented in said case.
1. Combination to prevent free
Art 183- Perjury competition in the market
1. The accused made a statement under 2. Monopoly to restrain free competition
oath or executed an affidavit upon a in the market.
material matter. 3. Manufacturer, producer, or processor
or importer combining, conspiring or
agreeing with any person to make
Rolan Jeff A. Lancion
Arellano University School of Law Page 11
Elements of Crimes- Criminal Law
3. The offender refrains from arresting or use of any other scheme with regard to
prosecuting the offender in (1) furnishing supplies, (2) making of
consideration of any promise, gift or contracts (3) The adjustment or
present. settlement of accounts relating to
public property or funds.
Art 212- Corruption of public officials d. The accused had intent to defraud the
1. The offender makes offers or promises government
or gives gifts or presents to a public Illegal Exactions
officer.
2. The offers or promises are made or the a. The offender is a public officer
gifts or presents given to a public entrusted with the collection of taxes,
officer, under circumstances that will licenses, fees and other imposts.
make the public officer liable for direct b. He is guilty of any of the following acts
or indirect bribery or omissions
a. Demanding, directly or
indirectly, the payment of sums
different from or larger than
those authorized by law.
Art 213- Frauds and Illegal Exactions and b. Failing voluntarily to issue a
Transaction receipt, as provided by law for
any sum of money collected by
Acts Punishable
him officially
1. By entering into an agreement with any c. Collecting or receiving, directly
interested part or speculator or making or indirectly, by way of
use of any other scheme, to defraud the payment or otherwise, things or
Government, in dealing with any person objects of a nature different
with regard to furnishing supplies, the from that provided by law.
making of contracts, or adjustment or
Art 214- Other frauds
settlement of accounts relating to
public property/funds. 1. The offender is a public officer
2. By demanding, directly or indirectly, the 2. He takes advantage of his official
payment of sums different from or position
larger than those authorized by law, in 3. He commits any of the frauds: Estafa,
the collection of taxes, licenses, fees Other forms of Swindling, Swindling a
and other imposts. minor and other deceits.
3. By failing voluntarily to issue a receipt
as provided by law for any sum of Art 215- Prohibited Transactions
money collected by him officially, in the 1. The offender is an appointive public
collection of taxes, licenses, fees and officer
other imposts.
2. He becomes interested, directly or
4. By collecting or receiving, directly or indirectly, in any transaction of
indirectly, by way of payment or exchange or speculation.
otherwise, things or objects of a nature 3. The transaction takes place within the
different from that provided by law in territory subject to his jurisdiction.
the collection of taxes, licenses, fees 4. He becomes interested in the
and other imposts. transaction during his incumbency.
Frauds against public treasury (par. 1)
Art 216- Possession of prohibited interest by a
a. The offender is a public officer public officer
b. He should have taken advantage of his Officers Liable
office, that is, he intervened in the
transaction in his official capacity. 1. Public Officers
c. He entered into an agreement with any 2. Experts, arbitrator and private
interested party or speculator or made accountants
Art 219- Failure of a responsible public officer Art 223- Conniving with or consenting to
to render accounts evasion
4. He was in connivance with the prisoner in the c. He opens or permits to be opened said
latter’s escape closed papers, documents or objects
d. He does not have proper authority
Art 224- Evasion through negligence
Art 229- Revelation of secrets by an officer
1. The offender is a public officer
1. Revealing any secrets known to the offending
2. He is charged with the conveyance or custody public officers by reason of his official capacity
of a prisoner, either detention prisoner or
prisoner by final judgment. a. The offender is a public officer
3. Such prisoner escapes through his negligence b. He knows of a secret by reason of his
official capacity
Art 225- Escape of prisoner under the custody
of a person not a public officer c. He reveals such secret without
authority or justifiable reason
1. The offender is a private person
d. Damages, great or small, be caused
2. The conveyance or custody of a prisoner or to the public interest
person under arrest is confined to him.
2. By delivering wrongfully papers or copies of
3. The prisoner or person under arrest escapes. papers of which he may have charge and which
4. The offender consents to the escape of the should not be punished
prisoner or person under arrest, or that the a. The offender is a public officer
escape takes place through his negligence.
b. He has charge of papers
Art 226- Removal, concealment or destruction
of documents c. Those papers should not be published
3. The said documents or papers should have f. Damage caused to public interest
been entrusted to such public officer by reason
of his office. Art 230- Public officer revealing secrets of
private individual
4. Damage, whether serious or not, to a third
party or to the public interest should have been a. The offender is a public officer
caused. b. He knows of the secrets of a private
individual by reason of his office
Art 227- Officer breaking seal c. He reveals such secrets without
authority or justifiable reason
1. The offender is a public officer
Art 231- Open disobedience
2. He is charged with the custody of papers or
property. a. The offender is a judicial or executive
officer
3. These papers or property are sealed by b. There is a judgment, decision or order
proper authority. of a superior authority
4. The offender breaks the seals or permits c. Such judgment, decision or order was
them to be broken. made within the scope of the
jurisdiction of the superior authority
Art 228- Opening of closed document and issued with all the legal formalities
d. The offender without any legal
a. The offender is a public officer
justification openly refuses to execute
b. Any closed papers, documents, or
the said judgment, decision or order,
objects are entrusted to his custody
which he is duty bound to obey.
Art 232- Disobedience to order of superior 1. The offender is entitled to hold a public
officer, when said order was suspended by officer or employment, either by election or
inferior officer appointment.
a. The offender is a public officer 2. The law requires that he should first be
b. An order is issued by his superior for sworn in and/or should first give a bond.
execution
c. He has for any reason suspended the 3. He assumes the performance of the duties
execution of such order and powers of such office.
d. His superior disapproves the suspension 4. He has not taken his oath of office and/or
of the execution of the order given the bond required by law.
e. The offender disobeys his superior
despite the despite the disapproval of Art 237- Prolonging performance of duties and
the suspension powers
2. That he (a) assumes judicial powers or (b) with the care and custody prisoners or persons
obstructs the execution of any order or decision under arrest.
rendered by any judge within his jurisidiction.
(c) wife, daughter, sister or relative within the
Art 242- Disobeying request for disqualification same degree or affinity of the person in the
custody of the offender.
1. The offender is a public officer
Title Eight- Crimes Against Persons
2. A proceeding is pending before such public
officer Art 246- Parricide
Art 243- Orders or request by executive Art 247- Death or physical injuries inflicted
officers to any judicial authority under exceptional circumstances
1. The offender is an executive officer 1. Legally married person or parent surprises his
spouse or his daughter, the latter under 18
2. He addresses any order or suggestion to any years of age and living with him, in the act of
judicial authority. committing sexual intercourse with another
3. The order or suggestion relates to any case or person.
business coming within the exclusive
2. He or she kills any or both, of them or inflicts
jurisdiction of the courts of justice. upon any or both of them any serious physical
Art 244- Unlawful appointments injury in the act or immediately thereafter.
6. With cruelty, by deliberately and inhumanly Art 253- Giving assistance to suicide
augmenting the suffering of the victim.
Acts Punishable
Elements
1. By assisting another to commit suicide,
a. A person was killed whether the suicide is consummated or not.
b. The accused killed him
c. The killing was attended by any of the 2. By lending his assistance to commit suicide to
the extent of doing the killing himself.
qualifying circumstances
d. The killing is not parricide or infanticide Art 254- Discharge of firearm
Art 249- Homicide 1. The offender discharges a firearm against or
1. A person was killed at another person.
3. The accused had the intention to kill, which is Art 255- Infanticide
presumed. 1. A child was killed
4. The killing was not attended by any of the 2. The deceased child was less than three days
qualifying circumstances of murder, parricide or (72 hrs) of age.
infanticide
3. The accused killed the said child
Art 251- Death caused in a tumultuous affray
Art 256- Intentional abortion
1. There be several persons
1. There is a pregnant woman
2. They did not compose groups organized for
the common purpose of assaulting and 2. Violence is exerted or drugs or beverages
attacking each other reciprocally. administered or that the accused otherwise acts
upon such pregnant woman
3. These several persons quarreled and
assaulted one another in a confused and 3. As a result of the use of violence or drugs or
tumultuous manner. beverages upon her or any other act of the
accused, the fetus dies, dies either in the womb
4. Someone was killed in the course of the or after having been expelled therefrom
affray.
4. The abortion is intended
5. It cannot be ascertained who actually killed
the deceased Art 257- Unintentional abortion
a. The pregnant woman herself 1. The injured person becomes insane, imbecile,
impotent or blind in consequence of the
b. any other person, with her consent physical injuries inflicted.
c. Any of her parents, with her consent 2. The injured person (a) loses the use of speech
for the purpose of concealing her or the power to hear or smell, eyesight, hand,
dishonor.
foot, arm or leg (b) loses the use of any such
Art 259- Abortion practiced by a physician or member or (c) becomes incapacitated for the
midwife and dispensing of abortives work in which je was therefore habitually
engaged.
1. There is a pregnant woman who has suffered
an abortion. 3. The injured person (a) becomes deformed,
(b) loses any other member of his body, (c)
2. The abortion is intended loses the use thereof and (d) becomes ill or
incapacitated for the performance of the work
3. The offender, who must be a physician or
in which he was habitually engaged for more
midwife, causes or assists in causing, the
than 90 days in consequence of the physical
abortion
injuries.
4. That said physician or midwife takes
4. The injured person becomes ill or
advantage of his or her scientific knowledge or
incapacitated for labor for more than 30 days in
skill.
consequence of the physical injuries.
Art 260- Responsibility of participants in a duel
Art 264- Administering injurious substance or
Acts Punishable beverages
1. Killing one’s adversary in a duel 1. The offender inflicted upon another any
serious physical injury.
2. Inflicting upon such adversary physical
injuries 2. It was done by knowingly administering to
him any injurious substance or beverages or by
3. Making a combat although no physical taking advantage of his weakness of mind or
injuries have been inflicted credulity
2. Inciting another to give or accept a challenge 1. The offended party is incapacitated for labor
to a duel for 10 (ten) days or more or needs medical
attendance for the same period of time.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a 2. The physical injuries must not be those
duel. described in the preceding article
work or which did not require medical Art 267- Kidnapping and Serious Illegal
attendance. detention
d. The woman is under 12 years of age Art 270- Kidnapping and failure to return a
or demented. minor
Art 271- Inducing a minor to abandon his home c. The accused can render assistance
without detriment to him
1. The minor is living in the home of his parents
or guardians or the person entrusted with his d. The accused fails to render assistance
custody.
2. Failing to help or render assistance to
2. The offender induces said minor to abandon another whom the offender has accidentally
such home. wounded or injured.
b. The accused found there a person 1. Causing any boy or girl under 16years of age
wounded or in danger of dying to perform any dangerous feat of balancing
strength or contortion, the offender being any d. The offender attains his purpose.
person.
2. Not subject to a condition
2. Employing children under 16 years of age
who are not the children or descendants of the a. The offender threatens another
offender in exhibitions of acrobat, gymnast, person with the infliction upon the
rope-walker or wild- animal tamer. latter’s person, honor or property or
upon that of the latter’s family of any
3. Employing any descendant under 12 years of wrong.
age in dangerous exhibitions enumerated.
b. Such wrong amounts to a crime
2. He enters the dwelling of another person. Art 285- Other light threats
4. The trespasser has not secured the 3. Orally threatening to do another any harm
permission of the owner or the caretaker not constituting a felony
thereof Art 286- Grave Coercions
Art 282- Grave threats Acts Punishable
Acts Punishable 1. Preventing another, by means of violence,
1. The offender attained his purpose threats or intimidation from doing something
not prohibited by law.
a. The offender threatens another
person with the infliction upon the 2. Compelling another, by means of violence,
latter’s person, honor, or property or threats or intimidation from doing something
upon that of the latter’s family of any against his will, whether it be right or wrong.
wrong. Elements
b. Such wrong amounts to a crime 1. A person prevented another from doing
c. There is a demand for money or that something not prohibited by law or that he
any other condition is imposed, even compelled him to do something against his will,
though not unlawful. be it right or wrong.
3. Such employee or laborer does not expressly Art 293- Guilty of robbery
request that he be paid by means of tokens or 1. There be (a) personal property (b) belonging
objects. to another
1. By reason or on occasion of the robbery, the 3. Any member of a band who was present at
crime of homicide is committed. the commission of a robbery by the band, shall
be punished as principal of any of the assaults
2. The robbery is accompanied by rape or committed by the band.
intentional mutilation or arson.
Art 298- Execution of deeds by means of
3. By reason or on occasion of such robbery, violence or intimidation
any of the physical injuries resulting in insanity,
impotency or blindness 1. The offender has intent to defraud another
4. By reason or on occasion of robbery, any of 2. The offender compels him to sign, execute or
the physical injuries resulting in the loss of the deliver any public instrument or document
use of speech, or the power to hear or to smell,
eyesight, foot, arm, or leg or the loss of the use 3. The compulsion is by means of violence or
of any member or incapacity for the work in intimidation.
which the injured person habitually engaged. Art 299- Robbery in an inhabited house or
5. The violence or intimidation employed in the public building or edifice devoted to worship
commission of the robbery is carried to a Par 1- Robbery with force upon things
degree clearly unnecessary for the commission
of the crime. 1. The offender entered (a) inhabited place, or
(b) public building or (c) edifice devoted to
6.If the violence employed by the offender does religious worship.
not cause any of the serious physical injuries
defined in Art 263 or if the offender employs 2. The entrance was effected by any of the
intimidation only. following means:
Art 295- Robbery with physical injuries, a. Through an opening not intended for
committed in an uninhabited place and by a entrance or egress.
band or with the use of firearms
b. By breaking any wall, roof, or floor or
Qualifications: breaking any wall, roof or floor or
breaking any door or window
1. In uninhabited place
c. By using false keys, picklocks or
2. By a band similar tools
3. Attacking a moving train, street car, motor d. By using any fictitious or pretending
vehicle or airship. the exercise of public authority
4. Entering the passengers’ compartments in a 3. That once inside the building, the offender
train or in any manner taking the passengers took personal property belonging to another
thereof by surprise in the respective with intent to gain.
conveyances
Par 2- Robbery with force upon things
5. On a street, road, highway, or alley and the
intimidation is made with the use of firearms, 1. The offender is inside a dwelling house,
the offender shall be punished by the maximum public building or edifice devoted to religious
period allowed by Art 294. worship, regardless of the circumstances under
which he entered it.
Art 296- Definition of a band and penalty
incurred by the members thereof 2. The offender takes personal property
belonging to another with intent to gain, any of
1. At least four armed malefactors take part in the following circumstances:
the commission of a robbery, it is deemed
committed by a band a. By the breaking of doors, wardrobes,
chests or any other kind of locked or
2. Any of the arms used in the commission of sealed furniture or receptacle.
robbery is not licensed.
b. Taking such furniture or objects away 2. Genuine keys stolen from the owner.
to be broken or forced open outside the
place of the robbery. 3. Any keys other than those intended by the
owner.
Art 300- Robbery in an uninhabited place and
by a band Art 306- Who are brigands
Art 301- What is an inhabited house, public 1. There be at least four armed persons
building or building dedicated to religious 2. They formed a band of robbers
worship
3. The purpose is any of the following:
Art 302- Robbery in an uninhabited place or in
a private building -To commit robbery in the highway.
1. The offender entered an uninhabited place or -To kidnap person for the purpose of extortion
a building which was not a dwelling house, not or to obtain ransom.
a public building or not an edifice devoted to
-To attain by means of force and violence any
religious worship.
other purpose.
2. Any of the following circumstance was
Art 307- Aiding and abetting a band of
present:
brigands
a. The entrance was effected through an
1. That there is a band of brigands
opening not intended for entrance or egress
2. That the offender knows the band to be of
b. A wall, roof, floor, or outside door/window
brigands.
was broken
3. That the offender does any of the following
c. The entrance was effected through the use of
acts:
false keys, picklocks, or other similar tools
-He is any manner aids, abeits or protects such
d. A door, wardrobe, chest or any sealed or
band of brigands
closed furniture receptacle was broken
-He gives them information of the movements
e. A closed or sealed receptacle was removed,
of the police or other peace officers of the
even if the same be broken open elsewhere.
Government
3. With intent to gain, the offender took
-He acquires or receives the property taken by
therefrom personal property belonging to
such brigands.
another.
2. That such picklocks or similar tools are 4. That the taking be done without the consent
specially adopted in the commission of robbery. of the owner.
3. That the offender does not have lawful cause 5. That the taking be accomplished without the
for such possession. use of violence against or intimidation of
persons or force upon things.
Art 305- False keys
Par 3- Hunting, fishing or gathering fruits, etc
1. The tools mentioned in the next preceding in enclosed estate
articles.
Rolan Jeff A. Lancion
Arellano University School of Law Page 27
Elements of Crimes- Criminal Law
1. That there is an enclosed estate or a field Art 311- Theft of the property of the National
where trespass is forbidden or which belongs to Library and National Museum
another
4. If the property stolen consists of coconut B. That the real property or real rights belong to
taken from the premises of a plantation. another.
2. The accused, who is not a principal or 2. That the offender alters said boundary marks.
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses,
keeps, acquires, conceals, sells or disposes, or CHAPTER FIVE- CULPABLE INSOLVENCY
buys and sells, or in any manner deals in any
article, item, object or anything of value, which Art 314- Fraudulent insolvency
has been derived from the proceeds of the said
1. That the offender is a debtor; that is, he has
crime.
obligation due and payable.
3. The accused knows or should have known
2. That he absconds with his property.
that the said article, item, object or anything of
value has been derived from the proceeds of 3. That there be prejudice to his creditors.
the crime of robbery or theft.
Art 315- Swindling (Estafa)
4. There is on the part of the accused, intent to
gain for himself or another. Elements of Estafa in General
1. That the accused defrauded another (a) by 2. That such false pretense, fraudulent act or
abuse of confidence, or (b) by means of deceit. means must be made or executed prior to or
simultaneously with the commission of fraud.
2. That damage or prejudice capable of
pecuniary estimation is caused to the offended 3. That the offended party must have relied on
party or third person. the false pretense, fraudulent act or means,
that is, he was induced to part with his money
Elements of Estafa with unfaithfulness or property because of his false pretense,
1. That the offender has an onerous obligation fraudulent act or means.
to deliver something of value. 4. That as a result thereof, the offended party
2. That he alters its substance, quantity or suffered damages.
quality. Estafa by false pretenses or fraudulent acts
3. That damage or prejudice is caused to executed prior to or simultaneously with the
another. commission of fraud
4. That there is a demand made by the offended 2. That such postdating or issuing a check was
party to the offender. done when the offender had no funds in the
bank or his funds deposited therein were not
Estafa by taking undue advantage of the
sufficient to cover the amount of the check.
signature of the signature in blank
2. That the offended party should have Two Ways to Commit Such Crime
delivered it to the offender.
1. By making, or drawing and issuing any check
3. That above the signature of the offended to apply on account or for value, knowing at the
party a document is written by the offender time of issue that he does not have sufficient
without authority to do so. funds in or credit with the drawee bank for the
payment of such check in full upon its
4. That the document so written creates a presentment, which check is subsequently
liability of, or causes damage to, the offended dishonored by the drawee bank for insufficiency
party or any third person.
of funds or credit or would have been
dishonored for the same reason had not the
drawer, without any valid reason, ordered the
Estafa by means of deceit bank to stop payment.
A. That a person makes or draws and issues any 1. That there be court record, office files, or any
check. other papers.
B. That the check is made or drawn and issued 2. That the offender removed, concealed, or
to apply on account or for value. destroyed any of them
C. That the person who makes or draws and 3. That the offender had intent to defraud
issues the check knows at the time of issue that another
he does not have sufficient funds in or credit
with the drawee bank for the payment of such Art 316- Other forms of swindling
check in full upon its presentment. Par 1- By conveying, selling, encumbering, or
D. That the check is subsequently dishonored by mortgaging any real property, pretending to be
the drawee bank for insufficiency of funds or the owner of the same
credit, or would have been dishonored for the Elements:
same reason had not the drawer, without any
valid reason, ordered the bank to stop payment. 1. That the thing be immovable, such as a parcel
of land or building
2. Having sufficient funds in or credit with the
drawee bank when he makes or draws and 2. That the offender who is not the owner of
issues a check, by failing to keep sufficient funds said property should represent that he is the
or to maintain a credit to cover the full amount owner thereof.
of the check if presented within a period of
3. That the offender should have executed an
ninety (90) days from the date appearing
act of ownership.
thereon, for which reason it is dishonored by
the drawee bank. 4. That the act be made to the prejudice of the
owner or third person thereof.
Elements:
Par 2- By disposing of real property as free
A. That a person has sufficient funds in or credit
from encumbrance, although such
with the drawee bank when he makes or draws
encumbrances be not recorded
and issues a check
Elements
B. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount of the 1. That the thing disposed of be real property
check if presented within a period of 90 days
from the date appearing thereon. 2. That the offender knew that the real property
was encumbered whether the encumbrance is
C. That the check is dishonored by the drawee recorded or not.
bank.
3. That there must be express representation by
the offender that the real property is free from
encumbrance
Estafa by inducing another to sign any
document 4. That the act of disposing of the real property
made to the damage of another.
1. That the offender induced the offended party
to sign a document. Par 3- By wrongfully taking by the owner his
personal property from its lawful possessor.
2. That deceit be employed to make him sign
the document. 1. That the offender is the owner of personal
property.
3. That the offended party personally signed the
document. 2. That said personal property is in the lawful
possession of another.
4. That prejudice be caused.
3. That the offender wrongfully takes it from its
Estafa by removing, concealing or destroying
lawful possessor.
documents
4. That prejudice is thereby caused to the Art 319- Removal, sale or pledge of mortgaged
possessor or third person. property
Art 324- Crimes involving destruction 4. Causing damage to the property of the
National Museum or National Library, or to any
Elements
archive or registry, waterworks, road,
1. The offender causes destruction. promenade, or any other thing used in common
by public.
2. Destruction is caused by any of the following
means: Art 329- Other mischiefs
Art 330- Damage and obstruction to means of Art 336- Acts of lasciviousness
communication
1. That the offender commits any act of
Chapter Ten- Exemption from Criminal Liability lasciviousness of lewdness.
in Crimes Against Property
2. That the act of lasciviousness is committed
Art 332-Persons exempted from criminal against a person of either sex.
liability
3. That it is done under any of the following
1. Spouses, ascendants and descendants or circumstances:
relative by affinity in the same line.
a. By using force or intimidation
2. The widowed spouse with respect to the
property which belonged to the deceased b. When the offended party is deprived of
spouse before the same passed into the reason or otherwise unconscious
possession of another. c. By means of fraudulent machination or grave
3. Brothers and sisters and brothers-in-law and abuse of authority
sisters-in-law, if living together. d. When the offended party is under 12 years of
Title Eleven- Crimes Against Chastity age or demented
2. That she has sexual intercourse with a man (a) Seduction of a virgin over 12 years and
and not her husband under 18 years of age
3. That as regards the man with whom she has (b) Seduction of a sister by her brother or
sexual intercourse, he must know her to be descendant by her ascendant regardless of her
married. age or reputation
b. By having sexual intercourse, under 2. That she must be over 12 and under 18 years
scandalous circumstances, with a woman who is of age.
not his wife
3. That the offender has sexual intercourse with
c. By cohabiting with her in any other place her.
3. That as regards the woman, she must know Art 340- Corruption of Minors
him to be married.
Rolan Jeff A. Lancion
Arellano University School of Law Page 33
Elements of Crimes- Criminal Law
Art 341- White Slave Trade Art 345- Civil liability of persons guilty of
crimes against chastity
Acts Penalized
1. To indemnify the offended woman
1. Engaging in the business of prostitution
2. To acknowledge the offspring unless the law
2. Profiting by prostitution. should prevent him from doing so.
3. Enlisting the services of women for the 3. In every case to support the offspring
purposes of prostitution
Art 344- Prosecution of the crimes of adultery, 3. That he contracts a second or subsequent
concubinage, seduction, abduction, rape and marriage.
acts of lasciviousness 4. That the second or subsequent marriage has
1. Adultery and concubinage must be all the essential requisites for validity.
prosecuted upon complaint signed by the Art 350- Marriage contracted against
offended spouse. provisions of laws
2. Seduction, abduction, rape or acts of 1. That the offender contracted marriage
lasciviousness must be prosecuted upon
complaint signed by: 2. That he knew at the time that:
1. A widow who married within 301 days from 1. Writing 9. Cinematographic exhibition
the date of the death of her husband, or before
having delivered is she is pregnant at the time 2. Printing 10. Any other similar means
of his death. 3. Lithography
2. A woman who, her marriage having been 4. Engraving
annulled or dissolved married before her
delivery or before the expiration of the period 5. Radio
of 301 days after the date of the legal
6. Phonograph
separation.
7. Painting
8. Theatrical exhibition
Title Thirteen- Crimes Against Honor
Art 356- Threatening to publish and offer to
Art 353 Definition of Libel
prevent such publication for a compensation
Libel- it is a public and malicious imputation of a
Acts Punished
crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status or 1. By threatening another to publish, a libel
circumstance tending to cause the dishonor, concerning him or his parents, spouse, child or
discredit, or contempt of a natural or juridical other members of his family.
person, or to blacken the memory of one who is
dead. 2. By offering to prevent the publication of such
libel for compensation or money consideration
Elements of Defamation
Art 357- Prohibited publication of acts referred
1. That there must be an imputation of a crime, to in the course of official proceeding
or of a vice or defect, real or imaginary, or any
act, omission, status or circumstance. 1. That the offender is a reporter, editor or
manager of a newspaper daily or magazine.
2. That the imputation must be made publicly
2. That he/she publishes facts connected with
3. That it must be malicious the private life of another
4. That the imputation must be directed to a 3. That such facts are offensive to the honor,
natural or juridical person, or one who is dead virtue and reputation of said person
5. That the imputation must tend to cause the Art 358- Slander
dishonor, discredit or contempt of the person
defamed. Kinds of Oral defamation
Elements
Title Fourteen- Quasi- Offenses
1. That the offender any act not included in any
other crime against honor. Art 365- Imprudence and negligence
Art 362- Libelous Remarks 1. That there is a lack of precaution on the part
of the offender.