CHAPTER 1

ART. WHO WHAT OTHERS

293 – Robbery Any person 1. With intent to gain
2. Take any personal property
3. By means of violence against or
intimidation
294 – Robbery with Any person guilty of robbery When by reason or on occasion of robbery ff. are Elements of Homicide:
violence against or committed: 1. Taking
intimidation of persons 1. Homicide/rape/intentional 2. Belongs to another
mutilation/arson 3. Intent to gain
2. Physical injuries sub 1 4. Homicide was committed
3. Physical injuries sub 2
4. Unnecessary for the commission of the
crime/Physical injuries sub 3
5. Other cases
295 – Robbery with Any person who committed 3, 4, Aggravate circ. When committed:
physical injuries 5 in next preceding art. 1. Uninhabited place
committed in an 2. Band
uninhabited place, by a 3. Attacking a moving train/street
band, or with use of car/motor vehicle/airship
firearms on street road 4. Taking passengers by surprise in
or alley conveyance/street/road/highway/alley
5. (intimidation) by use of firearms
296 – Band 4 armed malefactors -Take part in the commission of robbery Using of unlicensed firearm –
-Any member of band present in robbery will be penalty: MAXIMUM PERIOD
punished as PRINCIPAL unless he tried to prevent Person using unlicensed firearm –
the same liable: ILLEGAL POSSESSION OF
FIREARM
297 – Attempted and Homicide is committed If attended by treachery or other
frustrated robbery qualifying circ. In art. 248
committed under
certain circ.
298 – Execution of Any person 1. Intent to defraud
deeds by means of 2. By means of force or intimidation
violence or intimidation 3. Shall compel him to sign/execute/deliver
any public instrument or doc – guilty of
robbery
299 – Robbery in an Any ARMED person who commits By ff. means:
inhabited house or robbery 1. Opening not intended for entrance
public building or 2. Breaking any
edifice devoted to wall/roof/floor/door/window
religious worship 3. Using false key/picklocks/similar tools
4. Using fictitious name/pretending to be
public authority
By ff. circumstances:
1. Breaking doors/wardrobes/chests or
other kind of sealed things
2. Taking such objects to be broken outside
the place
300 – Robbery in an
inhabited place by a
band
301 - inhabited house
or public building or
edifice devoted to
religious worship
302 – Robbery in an By ff. circumstances:
uninhabited place or 1. Breaking doors/wardrobes/chests or
private building other kind of sealed things
Taking such objects to be broken outside the
place
303 – Robbery of With Art. 299 and 302
cereals/fruits/firewood
in an uninhabited place
or private building
304- Possession of Any person without lawful cause -Having possession of picklocks or similar tools
picklocks or similar -Person liable: person in possession and/or
tools locksmith
305 – False keys 1. Tools mentioned in next preceding art.
2. Genuine keys stolen
3. Any other than those intended by the
owner for use in the lock forcibly opened
by the offender
CHAPTER 2
306 – Brigands Band of robbers Rqts: -AKA highway robbers
1. More than 3 armed men -carrying unlicensed firearm are
2. Committing robbery in highway/ presumed highway robbers
kidnapping persons – for extortion or
ransom
3. By means of force and violence
307 – Aiding and Any person -Knowingly aid/abet/protect them
abetting a band of -Giving information of the movement of police
brigands -Acquiring or receiving property taken by them
CHAPTER 3
308 – Theft Any person Rqts:
1. Intent to gain
2. Without violence, against or intimidation
3. Take personal property
4. Without the owner’s consent

Committed also when:

1. Found lost property and failed to deliver
to authority or owner
 2. Who maliciously damaged the property
of another shall make use of the fruits or
object of the damage
3. Who shall enter an enclosed estate
without consent and shall gather fruits,
cereals, or other forest or farm products
309 – Penalties -12k – 22k
-6k – 12k
-200 – 6k
-50 – 200
-does not exceed 50
-does not exceed 5
-not exceeding 200 and under par 3.
-not over 5 pesos + impulse of hunger, poverty or
difficulty earning a livelihood
310 – Qualified theft Domestic servant Property stolen are:
With abuse of confidence 1. motor vehicle
2. mail matter
3. large cattle
4. coconuts taken from premise of
plantation or fish
On the occasion of:
1. fire
2. earthquake
3. typhoon
4. volcanic eruption
5. other calamity
6. vehicular accident
7. civil disturbance
311 – Theft of property
of National library or
national museum
CHAPTER 4
312 – Usurpation Any person -By means of violence and intimidation
-Take real property/ usurp any real rights
-belonging to another
313 – Altering Any person -Alter boundary marks/monuments of towns,
boundaries or provinces or estate and others
landmarks
314 – Fraudulent Any person -Abscond property to prejudice creditors -Conceal of property is not a liability
insolvency There must be and ACTUAL
PREJUDICE
-Merchant – qualifies the crime
315 – Swindling (Estafa) Any person Defraud others by: Elements of estafa
1. Amount of fraud is 12k-22k 1. The accused defrauded
2. 6k-12k another by abuse of
3. P200-6k confidence or by means of
4. Not exceeding 200 by any ff. means: deceit
1. Unfaithfulness or abuse of 2. The damage or prejudice is
confidence: capable of pecuniary
a. Altering of substance, quantity or estimation
quality or anything of value 1-a *Vendee or buyer must have
which the offender has an paid the offended party to cause
obligation to do (based on moral, damage to him
immoral or illegal consideration)
b. Misappropriating or converting 1-b“Misappropriating” – means
to the prejudice of another conversion and attempt DISPOSAL
(money, goods or personal of property of another without right
property) received by offender -there is estafa when having
(in trust or on commission, or received the money, denied receipt
administration or other of the same
obligation) involving the duty to *Necessary that the previous
 make delivery of or to return the
same even though such
obligation be totally or partially
guaranteed by a bond; or by
denying having received such
money, goods or other property
c. Taking undue advantage of the
signature of the offended party
2. False pretenses or fraudulent acts
(committed prior or simultaneous)
a. Using fictitious name or falsely
pretending to possess power,
influence, qualifications,
property, credit, agency,
business or imaginary
transactions or by means of
other similar deceit
b. Altering the quality 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.
d. Postdating a check, when the
offender has no funds in the
bank or is not sufficient
e. Obtaining any food, refreshment
or accommodation at a hotel etc.
without paying with intent to
defraud, or by use of any false
demand be made on the offender
(unlike par1a)
-the profit or gain must be obtained
by the accused PERSONALLY
through his own acts, mere
negligence in permitting another to
benefit the money is not estafa
under 1-b (unless there is
conspiracy)
-Misappropriating of money in a
partnership is not estafa (because
he is part owner of it) if however the
money is for specific purpose, there
is estafa.
1-c must be in blank, and the
offender writes something to
damage or prejudice the former
2-a illegal recruitment under labor
code, may be charged separately
with estafa
Elements:
1. False pretense
2. It must be executed or
made prior to or
simultaneous to fraud
3. Offended party relied on the
false pretense
4. Offended party suffered
damages
 pretense, or abandoning or
surreptitiously removing any part
of his baggage from a hotel etc.
without paying
3. Fraudulent means:
a. Inducing others by means of
deceit, to sign a document
b. Resorting to some fraudulent
practice to insure success in
gambling game
c. Removing, concealing or
destroying (whole or part) any
court record, office files,
document or any other papers
2-c Government employee should
not conspired with the offender
(otherwise: bribery)
-offender obtained money from
another who has a pending case or
transaction in the government
official, on the pretext that the
money will be given to the official
for a favorable judgment
2-d Postdating a check
Elements:
1. Postdating of a check
2. Lack or insufficiency of
funds
3. Damage to payee
BP Blg. 22 – continuing crime
Elements:
1. Making, drawing and
issuance of any check to
apply to account or for
value
2. Offender knows that he
does not have sufficient
funds
3. Check is dishonored
-the law punishes ISSUANCE OF
BOUNCING CHECK not the purpose
for which it was issued being malum
prohibitum