Art. 246 - Parricide
1. That the person is killed
2. That the person is killed by the
accused
3. That the deceased is the father,
mother or child, whether legitimate
or illegitimate or a legitimate other
descendant or other ascendant or the
legitimate spouse of the accused
1. Relationship of the offender with the
victim is the essential element of this
crime
The relationship which should
by three important aspects:
a. (1)
legitimacy;
parents,
children must be legitimate or
illegitimate;
ascendants,
descendants
must
be
legitimate;
b. (2) direct line not by collateral;
c. (3) by consanguinity not
affinity those relatives in law
are not covered under Article
246.
2. Relationship must be alleged
3. The law does not require knowledge
of relationship between them
4. A stranger who cooperates and takes
part in the commission of the crime
of parricide, is not guilty of parricide
Art. 247 - Death or physical injuries inflicted Requisites:
under exceptional circumstances
1. That a legally married person or a
parent surprise his spouse or his
daughter, the latter under 18 years of
age and living with him, in the act of
committing sexual intercourse with
another person
2. That he or she kills any or both of
them or inflicts upon any or both of
them any serious physical injuries in
1. This article does not define or
penalize a felony it provide for a
specific crime but grants a privilege
or benefit to the accused
2. Penalty- Destierro
3. The prosecution must be established
the evidence of the defense
4. For parents: It does not require that
the child is legitimate or illegitimate
5. Surprise - Indispensable requirement
the act or immediately thereafter
3. That he has not promoted or
facilitated the prostitution of his wife
or daughter, or that he or she has not
consented to the infidelity of the
other spouse
Art. 248- Murder
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any
of the qualifying circumstances
mentioned in Art. 248
4. That the killing is not parricide or
infanticide
1. Murder - the unlawful killing of any
person
2. Qualifying Circumstances:
a. Treachery - when the offender
employed means, methods or
forms in the execution of the
act which tend directly and
specially
to
insure
its
execution without risk to
himself, Taking advantage of
superior strength, with the aid
of armed men (at least two) or
employing means to weaken
the defenses, or of means or
persons to insure or afford
impunity
b. In consideration of a price,
reward or promise
c. By means of inundation, fire,
poison, explosion, shipwreck.
Stranding
of
a
vessel,
derailment or assault upon a
railroad, fall of an airship by
means of motor vehicles or
with the use of any other
means involving great waste
and ruin
d. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic or any other public
calamity
e. With evident premeditation the execution of the criminal
act is preceded by cool
thought and reflection upon
the resolution to carry out the
criminal intent during the
space of time sufficient to
arrive at a calm judgment.
A. The time when the
offender has determined
to commit the crime
B. An act manifestly
indicating
that
the
culprit has clung to his
determination
C. A sufficient interval of
time
between
the
determination and the
execution of the crime
f. With cruelty, by deliberately
and inhumanly augmenting
the suffering of the victim, or
outraging or scoffing at his
person or corpse
3. Killing of a child of tender years is
murder- characterized by treachery
Art. 249 - Homicide
1. That a person was killed
2. That the accused killed him without
any justifying circumstances
1. Homicide is the unlawful killing of
any person which is neither murder,
parricide or infanticide
3. That the accused had the intent to
kill, which is presumed
4. That the killing was not attended by
any of the qualifying circumstances
of murder, parricide or infanticide
Art. 250 Penalty for frustrated parricide,
murder, or homicide
Art. 251
affray
Death caused in a tumultuous
2. Penalty is reclusion perpetua when
the victim of homicide is under 12
years of age
3. The killing must not be justified
4. Use of unlicensed firearm is an
aggravating
circumstance
in
homicide ( RA 10591)
5. The prosecution is burdened to
prove:
a. The death of the party alleged
to be dead
b. That the death was produced
by the criminal act of some
other than the deceased and
was not the result of accident,
natural cause or suicide
c. That defendant committed the
criminal act or was in some
way criminally responsible for
the act which produced the
death
1. Penalty lower by one degree than
that which should be imposed under
Art. 50
2. The court may impose penalty 2
degrees lower ( permissive not
mandatory)
1. That there be several persons
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally
3. That these several persons quarreled
and assaulted one in a confused and
1. Several -means more than two but
not very many
2. The person killed in the course of the
affray need not be one of the
participants in the affray
tumultuous manner
4. That someone was killed in the
course of the affray
5. That it cannot be ascertained who
actually killed the deceased
6. That the person or persons who
inflicted serious physical injuries or
who use violence can be identified
Art. 252 - Physical injuries inflicted in a
tumultuous affray
1. That there is affray as referred to in
the preceding article
2. That
a
participant
or
some
participants thereof suffer serious
physical injuries or physical injuries
of a less serious nature only
3. That the person responsible therefor
cannot be identified
4. That all those who appear to have
used violence upon the person of the
offended party are known
1. Physical injuries inflicted in a
tumultuous affray must be one or
some of the participants of the affray
2. Penalty is one degree lower that that
for the physical injury inflicted
3. Slight physical injuries not included
Art 253- Giving assistance to suicide
1. By assisting another to commit
suicide, whether the suicide is
consummated or not
2. By lending his assistance to another
to commit suicide to the extent of
doing the killing himself
1. Art. 253 does not distinguish and
does not make any reference to the
relationship of the offender with the
person committing suicide
Art. 254 - Discharge of firearms
1. That the offender discharges a
firearm against or at another person
2. The the offender has no intention to
kill that person
1. The purpose of the offender is only to
intimidate or to frighten the offended
party
Art. 255 - Infanticide
1. That the child was killed
2. That the deceased child was less than
3 days old
3. That the accused killed the said child
1. Infanticide - may be defined as the
killing of any child less than three
days of age
2. Mitigating - To conceal dishonor (
must be of good reputation)
a. Mother
b. Maternal Grandparents
Reason for mitigating : there is no yet
emotional attachment between the mother
and the child
Art. 256 - Intentional Abortion
Ways of committing intention abortion:
1. By using any violence upon the
person of pregnant woman
2. By acting, but without using
violence, without the consent of the
women
3. By acting (by administering drugs or
beverage) with the consent of the
pregnant woman
1. Infanticide - if the fetus could sustain
an
independent
life
after
it
separation from the womb and it is
killed
Elements:
a. That there is pregnant woman
b. That violence is exerted, or drugs or
beverages administered or that the
accused otherwise acts upon such
pregnant woman
c. That as a result of the use of violence
or drugs or beverages upon her, or
any other at of the accused, the fetus
dies, either in the womb or after
having been expelled therefrom
d. That the abortion is intended
Art 257 - Unintentional Abortion
1. That there is pregnant woman
2. That violence is used upon such
pregnant woman without intending
abortion
3. That violence is intentionally exerted
4. That as a result of the violence the
fetus dies either in the womb or after
having been expelled therefrom
1. Liability of the woman is mitigated if
the purpose is to conceal dishonor
2. If the purpose of the parents is to
conceal dishonor - 258
3. If the purpose of the parents was not
to conceal dishonor - 256
4. No mitigation for parents
Art 258 - Abortion practiced by the woman
herself or by her parents
1. That there is pregnat woman who has
suffered an abortion
2. That the abortion is intended
3. That the abortion is caused by a. The pregnant woman herself
b. Any other person with her
consent
c. Any of her parents, with her
consent for the purpose of
concealing her dishonor
Art 259 - Abortion practice by a physician or
midwife and dispensing of abortives
1. That there is pregnant woman has
suffered an abortion
2. The the abortion is intended
3. That the offender, who must be a
physician or midwife causes or
assists in causing the abortion
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill
1. Penalty for intentional abortion is
maximum period
2. As for the pharmacist, it is not
necessary that the abortive be
actually used
Art 262 - Mutilation
Two Kinds of Mutilation
1. If under age of 12 , rp
2. The offender must have the intention
to deprive the offended party of a
part of his body
1. By intentionally mutilating another
by depriving him, either totally or
partially of some essential organ for
reproduction
2. By
intentionally
making
other
mutilation that is by lopping or
clipping off any part of the body of
the offended party other than
essential organ for reproduction, to
deprive him of that part of his body
Elements of First Kind:
1. That there be a castration, that is
mutilation of organs necessary for
generation, such as the penis or
ovarium
2. That the mutilation is caused
purposely and deliberately, that is to
deprive the offended party of some
essential organ for reproduction
Art 263 - Serious Physical Injuries ( Par 1)
Classes of Serious Physical Injuries
1. The consequence of the injuries
inflicted
2. The nature and character of the
wound inflicted
3. The proper penalty
1. Impotence - inability to copulate or
loss of power to procreate
2. Penalty for par 1. Shall be rp if the
victim is under 12 years old
3. Blindness - must be 2 eyes
Committed :
By wounding
By beating
By assaulting
By administering injurious substance
That the injured person becomes
a. Insane
b. Imbecile
c. Impotent
d. or blind
Art 263 - Serious Physical Injuries ( Par 2)
Committed :
By wounding
By beating
By assaulting
By administering injurious substance
That the injured person:
a. Loses the use of speech or the
power to hear or smell or the
loss of an eye, hand or a foot or
an arm or a leg
b. Loses the use of any such
member
1. It must be loss of power to
hear of both ears
2. Loss of use of hand or
incapacity for usual work must
be permanent
c. Becomes incapacitated for the
work in which he was
theretofore habitually engaged
Art 263 - Serious Physical Injuries ( Par 3)
Committed :
By wounding
By beating
By assaulting
By administering injurious substance
That the injured person becomes
a. Deformed
b. Loses any other member of his
body
c. Loses the use thereof
d. Becomes ill or incapacitated
for the performance of the
work in which he was
habitually engaged for more
than 90 days
Art 263 - Serious Physical Injuries ( Par 4)
Committed :
By wounding
By beating
By assaulting
By administering injurious substance
That the injured person becomes:
a. Ill
b. Incapacitated for labor for
more than 30 days
Art 264 - Administering injurious substances
or beverages
1. That the offender inflicted upon
another any serious physical injury
2. That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity
3. That he had no intent to kill
1. Any part of his body - other
than the eye, hand, food, arm
or leg
2. Deformity requires that a. Physical ugliness
b. Permanent and definite
abnormality
c. Conspicuous and visible
3. It cannot be covered by the
dress or clothes
1. Hospitalization for more than
30 days may mean either
illness or incapacity for labor
for more than 30 days
2. Medical attendance is not
important in serious physical
injury
1. It is frustrated murder if there
is intent to kill
2. If the accused did not know of
the injurious nature of the
substance he is not liable
3. Does not apply to less serious
or slight
Art 265 - Less serious physical injuries
Committed :
By wounding
By beating
By assaulting
That the person becomes
a. Incapacitated for labor for 1o
days or more but not more
than 30 days
b. Shall
require
medical
attendance for the same period
1. Qualified less serious :
a. There is manifest intent
to insult or offend the
injured person
b. There are circumstances
adding ignominy to the
offense
c. When the victim is
either - the offender’s
parents,
ascendants,
guardian, curator or
teacher, person of rank
or persons in authority
provided that the crime
is not direct assault
2. The crime is less serious even if there was
no incapacity but the medical treatment
was for 13 days
Art 266 - Slight physical injuries and Three kinds of Slight physical injuries:
maltreatment
1. PI which incapacitated the offended
party for labor from one to nine days,
or required medical attendance
during the same period
2. PI did not prevent the offended party
from engaging in his habitual work
oe which did not require medical
attendance
3. Ill treatment of another by deed
without causing any injury
Art. 266- A
committed
-
Rape,
RA 8353 Anti Rape Law
when
and
how Rape under par. 1
1. That the offender is a man
2. That the offender had carnal
knowledge of a woman
3. That such act is accomplished under
1. RA 11648 - AN ACT PROMOTING FOR
STRONGER PROTECTION AGAINST
RAPE AND SEXUAL EXPLOITATION
AND ABUSE, INCREASING THE AGE
FOR
DETERMINING
THE
COMMISSION OF STATUTORY RAPE
any of the following circumstances:
a. By using for or intimidation
b. When the woman is deprived
of
reason
or
otherwise
unconscious
c. By
means
of
fraudulent
machination or grave abuse of
authority
d. When the woman is under 12
years of age or demented
Rape under par 2
1. That the offender commits an act of
sexual assault
2. That the act of sexual assault is
committed by any of the following
means:
a. By inserting the penis into
another’s person’s mouth or
anal orifice
b. By inserting any instrument or
object into the genital or anal
orifice of another person
3. That the act of sexual assault is
accomplished under any of the following
circumstances:
2. When the offended party is under
sixteen (16) years of age or is
demented, even though none of the
circumstances mentioned above be
present: Provided, That there shall be
no criminal liability on the part of a
person having carnal knowledge of
another person under sixteen (16)
years of age when the age difference
between the parties is not more than
three (3) years, and the sexual act in
question is proven to be consensual,
non-abusive, and non-exploitative:
Provided, further, That if the victim is
under thirteen (13) years of age, this
exception shall not apply.
3. Par 1 - Rape by Sexual Intercourse
a. The slightest penetration is
enough
b. A broken hymen is not an
essential element of rape
c. Exact date of the sexual
assault
not
an
essential
element
d. Only
one
of
the
4
circumstances mentioned is
sufficient
a. By using force or intimidation
4. Par 2 - Rape through sexual assault
b. When the woman is deprived of
reason or otherwise unconscious
1. Compared to sexual assault, rape is
c. By means of fraudulent machination
severely penalized because it may
or grave abuse of authority
lead to unwanted pregnancy
d. When the woman is under 12 years
2. Resistance when futile does not
old or demented
amount to consent
3. Moral ascendancy or influence, held
to substitute for the element of
physical force or intimidation
5. Where homicide is committed by reason
or on the occasion of rape, there is rape
with homicide even if the decease is not the
victim of the rape
6. The sweetheart theory applies in acts of
lasciviousness and rape, felonies committed
against or without the consent of the
victim. It operates on the theory that the
sexual act was consensual. It requires proof
that the accused and the victim were lovers
and that she consented to the sexual
relations.
7. Briefly, the Maria Clara doctrine, also
known as the "women's honor" doctrine, is
an old legal principle that teaches the
presumption
that
women,
especially
Filipinos, would not admit having been
abused unless that abuse had actually
happened, owing to their natural instinct to
protect their honor
Art 266-C Effect of Pardon
Art 267 -Kidnapping and Serious Illegal
Detention
Marriage extinguishes not only the penal
action but likewise the penalty imposed
1. That the offender is a private
individual
2. The he kidnaps or detains another or
in any other manner deprives the
latter of his liberty
3. That the act of detention or
kidnapping must be illegal
4. That in the commission of the
offense, any of the following
circumstances is present :
a. That
the
kidnapping
or
detention lasts for more than
three days
1. If the offender is a public officer
(must have duty under the law to
detain a person) it will be arbitrary
detention
2. Intention to deprive of the victim of
his liberty for purpose of extorting
ransom on the part of the accused is
essential in the crime of kidnapping
3. Actual demand for ransom not
necessary
4. It is essential in the crime of illegal
detention that there be actual
confinement or restriction of the
b. That
it
is
committed
simulating public authority
c. That any serious physical
injuries are inflicted upon the
person kidnapped or detained
or threats to kill him are made
d. That the person kidnapped or
detained is minor, female or a
public officer
Art 268 - Slight Illegal Detention
person of the offended party
5. Detention is illegal when not ordered
by competent authority or not
permitted by law
1. That the offender is a private
individual
2. The he kidnaps or details another or
in any manner deprives him of his
liberty
3. That the act of kidnapping or
detention is illegal
4. That the crime is committed without
the attendance of any of the
circumstances enumerated in Art. 247
Privilege Mitigating
Art 269 - Unlawful Arrest
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is not
authorized by law or there is no
reasonable ground thereof
1. For the purpose of filing
information
2. The offender is any person
Art 270 - Kidnapping and failure to return a
minor
1. That the offender is entrusted with
custody of a minor person
2. That he deliberately fails to restore
the said minor to his parents or
guardians
1. The essential element is that the
offender is entrusted with the
custody of the minor
Art 271 - Inducing a minor to abandon his
home
1.That the minor is living in the home of
his parents or guardian or the person
entrusted with his custody
1. If the offender
a. Voluntarily releases the person
kidnapped or detained within
3 days
b. Without having attained the
purpose intended
c. Before the institution of
criminal proceedings against
him
an
2. That the offender induces said minor
to abandon such home
Art 272 - Slavery
1. That the offender purchases, sells,
kidnaps or detains a human being
2. That the purpose of the offender is to
enslave such human being
1. Qualifying - the penalty is higher if
the purpose of the offender is to
assign the offended party to some
immoral traffic
Art 273 - Exploitation of Child Labor
1. That the offender retains a minor in
his service
2. That it is against the will of the minor
3. That it is under the pretext of
reimbursing himself of a debt
incurred by an ascendant, guarding
or person entrusted with the custody
of such minor
1. The service of the minor must be
against his will
Art. 274 - Services rendered
compulsion in payment of debt
under
Art 275- Abandonment of persons in danger
and abandonment of one’s own victim
1. That the offender compels a debtor to
work for him either as household
servant or farm laborer
2. That it is against the debtor’s will
3. That the purpose is to require or
enforce the payment of debt
Acts punishable:
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in
danger of dying when he can render
such assistance without detriment to
himself, unless such omission shall
constitute a more serious offense
2. By failing to help or render assistance
to another whom the offender
accidentally wounded or injured
3. By failing to deliver a child under
seven years old whom the offender
found abandoned, to the authorities
or to his family or by failing to take
him to a safe place
Art 276 - Abandoning a minor
1. That the offender has the custody of
the child
2. That the child is under seven years of
age
3. That he abandons such child
4. That he has no intent to kill
1. His purpose for abandoning is to
avoid obligation of taking care of the
minor
2. A
permanent,
conscious
and
deliberate abandonment is required
3. Qualifying a. When the death of the minor
resulted
from
such
abandonment
b. If the life of the minor was in
danger
because
of
the
abandonment
4. If the offender is the parent, he shall
be deprived of parental authority
Art 277 - Abandonment of minor by person
entrusted with his custody; indifference of
parents
Acts punishable:
1. The minor is under 21 years old
2. The custody of the offender is
specific that is for rearing or
education of minor
1. By delivering a minor to a public
institution or other persons without
the consent of the one entrusted such
minor to the care of the offender or in
the absence of that one, without the
consent of the proper authorities
2. By neglecting his children by not
giving them education which their
station in life requires and financial
condition permits
Elements of abandonment of minor by one
charged with rearing or education of said
minor
1. That the offender has charge of the
rearing or education of a minor
2. That he delivers said minor to a
public institution or other persons
3. That the one entrusted such act has
not consented to such act; or of the
one who entrusted such such child to
the offender is absent, the proper
authorities have not consented it
Art 278 - Exploitation of minors
Acts punished
1. Causing any boy or girl under 16
years if age to perform any dangerous
feat of balancing, physical strength
or contortion the offender being any
person
2. Employing children under 16 years of
age who are not the children or
descendant of the offender in
exhibitions of acrobat, gymnast rope
walker diver or wild animal tamer,
the offender being an acrobat, circus
manager or person engage in similar
calling
3. Employing any ascendant under 12
years of age in exhibition of acrobat,
gymnast rope walker diver animal
wild tamer the offending being
engaged in any of the said calling
4. Delivering a child under 16 years of
age gratuitously to any acrobat,
gymnast rope walker diver wild
animal tamer or circus manager or
person engaged in a similar calling or
to any habitual vagrant beggar to the
offender
being
an
ascendant,
guardian, teacher or person entrusted
in any capacity with the care of such
1. Qualifying - If the delivery is made in
consideration
of
any
price,
compensation or promise the penalty
is higher
2. The exploitation of the minor must be
of such nature as to endanger his life
or safety
child
5. Inducing any child under 16 years of
age to abandon the home of its
ascendants, guardians curators or
teachers to follow any acrobat etc. or
to accompany any habitual vagrant
ot beggar
Art 279 - Additional penalties
1. The
imposition
of
penalties
prescribed in preceding articles shall
not prevent imposition upon the
same person of the penalty provided
for any other felonies defined and
punished under this code
Art 280 - Qualified trespass to dwelling
1. That the offender is a private person
2. That he enters the dwelling of
another
3. That such entrance is against the
latter’s will
1. Qualifying- If
the offense is
committed by means of violence or
intimidation
2. Dwelling- Building for rest and
comfort
3. Prohibition must be in existence prior
to or at the time of entrance
Art. 281 - Other forms of trespass
1. That the offender enters the closed
premises or the fenced estate of
another
2. That the entrance is made while
either of them is uninhabited
3. That the prohibition to enter be
manifest
4. That the trespasser has not secured
the permission of the owner or the
caretaker
1. Premises
locality
Art 282 - Grave threats
Acts punish
1. Qualifying - if the threat is made in
writing or through a middleman
2. The third form of threat must be
serious and deliberate and that the
offender persists in the idea involved
1. By threatening another with the
infliction upon his person, honor or
property or that of his family of any
-
distinct
and
definite
wrong amounting to a crime and
demanding money or imposing any
other condition, even though not
unlawful and the offender attained
his purpose
2. By making such threat without the
offender attaining his purpose
3. By threatening another with the
infliction upon his person, honor or
property or that of his family or any
wrong amount to a crime the threat
not being subject to a condition
in his threats
3. Essence of the crime of threat is
intimidation - there is promise of
future harm
Element 1 :
1. That the offender threatens another
person with the infliction upon the
latter’s person, honor, or property or
upon that of the latter’s family of any
wrong
2. That such wrong amounts to a crime
3. That there is a demand for money or
that any other condition is imposed
even though not unlawful
4. That the offender attains his purpose
Element 3:
1. That the offender threatens another
person with the infliction upon the
latter’s person, honor or property or
upon that of the latter’s family of any
wrong
2. That such wrong amounts to a crime
3. That the threat is not subject to a
condition
Art. 283 - Light threats
1. That the offender makes a threat to
1. Light threats are committed in the
commit a wrong
2. That the wrong does not constitute a
crime
3. That there is a demand for money or
that other condition is imposed, even
though not unlawful
4. That the offender has attained his
purpose or that he has not attained
his purpose
Art. 285 - Other light threats
same manner as grave threats, except
that the act threatened to be
committed should not be a crime
Acts punished
1. By threatening another with a
weapon, or by drawing such weapon
in a quarrel, unless it be in a lawful
defense
2. By orally threatening another , in the
heat of an anger with some harm not
constituting
a
crime
without
persisting the idea of his threat
3. By orally threatening to do another
any harm not constituting a felony
Art 286 - Grave Coercions
Two
ways
Coercions
of
committing
Grave
1. By preventing another by means of
violence, threats or intimidation from
doing something not prohibited by
law
2. By compelling another by means of
violence, threats or intimidation to do
something against his will whether it
be right or wrong
Elements
1. That a person is prevented by
another from doing something not
1. In grave coercion, the act preventing
by force must be made at the time the
offended party was doing or about to
do the act to be prevented
2. There is no grave coercion when the
accused acts in good faith in the
performance of his duty
3. Purpose of the law - the main
purpose of the statute in penalizing
coercion and unjust vexation is
precisely to enforce the principle that
no person may take the law into his
hands
4. Coercion is consummated even if the
offended party did not accede to the
purpose of coercion
prohibited by law or compelled to do
something against his or her will be it
right or wrong
2. That the prevention or compulsion is
effected by violence, either by
material force or such a display of it
as would produce intimidation and
consequently control over the will of
the offended party
3. That the person who restrains the
will and liberty of another has no
right to do so
Art. 287 Light Coercions
1. That the offender must be a creditor
2. That he seizes anything belonging to
his debtor
3. That the seizure of the thing must be
accomplished by means o violence or
a display of material force producing
intimidation
4. That the purpose of the offender is to
apply the same to the payment of
debt
Any other coercion or unjust vexation shall
be punished
Elements
Art. 293 - Who are guilty of Robbery
1. Actual physical violence need not be
employed
2. It is sufficient that the attitude of the
offender in seizing the property is
notoriously menacing as to amount
grave intimidation
3. Unjust vexation - Includes any
human conduct which, although the
productive of some physical or
material
harm
would
however
unjust;y annoy or vex an innocent
person
Notes
1. That there be personal property
belonging to another
1. The property taken must be personal
property
2. That there is unlawful taking of the
property
2. It is not necessary that the person
whom the property is taken by means
of threats and violence, shall be the
owner thereof. It is sufficient that if
the property is taken from him by
3. That the taking must be with intent
to gain
4. That there is a) violence against or
intimidation of any person b) force
upon anything
means of threats and violence for the
purpose of gain on the part of the
person appropriating it
3. Unlawful taking is complete from the
moment
the
offender
gains
possession of the thing
4. Intent to gain is presumed form the
unlawful taking of personal property
5. Intent to gain may be presumed from
the furtive taking of useful property
6. Absence of intent to gain will make
the taking of personal property grave
coercion if there is violence used
7. Violence must be against the person
of the offended party not upon the
thing taken
8. Intimidation exists when it causes
fear or fright of the victim
9. Violence or intimidation must be
present before the taking of personal
property is complete
Art 294 - Robbery with violation against or
intimidation of persons
Robbery with Homicide
When by reason or on the occasion of
the robbery , the crime of homicide is
committed
Homicide - Generic sense as to include
parricide and murder
1. There is no robbery with double
homicide. Art. 294 imposes only one
-
What makes the crime of robbery
with homicide is the killing of a
person on the occasion or by the
reason of taking the personal
property belonging to another, with
intent to gain.
penalty for the special complex crime
of robbery with homicide regardless
of the number of persons killed
2. If
robbery
with
homicide
is
committed by a band, the indictable
offense would still be robbery with
homicide
3. No crime of robbery with murdertreachery not qualifying but as a
generic aggravating circumstance.
4. Robbery with homicide need not to
be committed inside a building
5. Intent to take personal property must
precede the killing
6. If the idea of the taking of personal
property of another with intent to
gain came to mind after he had killed
the victim he is guilty of separate
crimes.
7. Homicide may precede robbery or
may occur after robbery
a. Homicide to eliminate an
obstacle
b. Homicide, necessary to defend
possession of stolen goods
c. Homicide
committed
to
remove
opposition ot to
suppress evidence
d. Homicide after commission of
robbery
Robbery with Rape
-
When the robbery shall have been
accompanied by rape
Robbery with serious physical injuries
-
When by reason or on the occasion of
such robbery, any of the physical
injuries penalized in subdivision 1 of
Art 263 shall have been inflicted
Robbery with unnecessary violence and
intimidation
-
If the violence or intimidation
employed in the commission of the
robbery is carried to a degree clearly
unnecessary for the commission of
the crime
1. It is not necessary that the rape be
committed prior or simultaneously
with the robbery, in the definition of
the crine, the when the robbery is
accompanied by rape
2. But if the rape is committed against a
woman in a house other that that
where the robbery is committed, the
rape should be considered as a
separate offense
1. Art 263 - When the injured person
becomes insane, imbecile, impotent
or blind
2. It is necessary to determine whether
the physical injuries were inflicted in
the course of the execution of the
robbery
3. If they were inflicted after the taking
of the personal property had been
complete,
the serious physical
injuries
mentioned
should
be
considered a separate offense.
Simple Robbery
-
If the violence employed by the
offender does not cause any of the
serious physical injuries defined in
Art 263 or if the offender employs
intimidation only
1. The violence employed does not
result in homicide, rape, mutilation or
any of the physical injuries
Threats to Extort Money distinguished from Robbery through intimidation
Threats
Robbery
Intimidation is conditional or future that is not immediate
Intimidation is actual and immediate
Intimidation may be through intermediary
Intimidation is personal
Intimidation may refer to the person, honor or property of the
offended party or that of his family
Intimidation is directed through the victim
The gain of the culprit is not immediate
Gain of the Culprit is immediate
Art. 295 -Robbery with Physical Injuries, If any of the offenses defined in
committed in an inhabited place and by a subdivisions 3, 4, and 5 of Article is
band or with the use of firearm
committed 1. In an uninhabited place or
2. By a band
3. By attacking a moving train,
streetcar, motor vehicle or airship
4. By
entering
the
passenger’s
compartments in a train, or in any
manner
taking
the
passengers
1. Any
of
the
five
qualifying
circumstances must be alleged in the
information and proved during trial
2. Cannot be offset by a generic
mitigating circumstances
thereof by surprise in the respective
conveyances
5. On a street, road, highway, or alley
and the intimidation is made with the
use of firearms, the offender shall be
punished by the maximum periods of
the proper penalties prescribed in
Art. 294
Art 296 - Definition of a band and penalty
incurred by the members thereof
1. When at least four armed malefactors
take part in the commission of a
robbery, it is deemed committed by a
band
2. When any of the arms used in the
commission of robbery is not
licensed the penalty shall be
maximum
3. Ant member of a band who was
present at the commission of robbery
by a band shall be punished as
principal, unless it be shown that he
attempted to prevent the same
Art 297 - Attempted and Frustrated Robbery
committed under certain circumstances
Art. 298 - Execution of deeds by means of
violence or intimidation
1. The term Homicide is used in a
generic sense - included multiple
homicides, murder, parricide or even
infanticide
2. The penalty is the same whether
robbery is attempted or frustrated as long as homicide is committed by
reason or on occasion of an
attempted or frustrated robbery
3. Unless the homicide committed shall
deserve a higher penalty
4. Article 296 is applicable to attempted
robbery with homicide by a band
1. That the offender
defraud another
has intent to
1. Document - may be public or private
or commercial
2. That the offender compels him to
sign, execute or deliver any public
instrument or document
3. That the compulsion is by means of
violence or intimidation
Section 2 - Robbery by the use of force
upon things
Committed only when either 1. The offender entered a house or
building by any of the means
specified in Art. 299 or Art. 302
2. Even if there was no entrance by any
of those means, he broke a wardrobe,
chest, or any other kind of locked or
closed or sealed furniture or
receptacle in the house or building or
he took it away to be broken or
forced open outside
Art. 299 - Robbery in an inhabited house or Robbery with force upon things (A) :
public building or edifice devoted to
worship
1. That the offender entered (a) an
inhabited place, or (b) public building
or (c) edifice devoted to religious
worship
2. That the entrance was effected by
any of the following means :
a. Through an opening not
intended for entrance or egress
b. By breaking any wall, roof or
floor or breaking any door or
window
c. By using false keys, picklocks
or similar tools
d. By using any fictitious name or
pretending the exercise of
public authority
3. That once inside the building the
2. Art. 298 is not applicable if the
document is void
1. One essential requisite of robbery
with force upon things under Art. 299
and 302 is that the malefactor should
enter the building or dependency
where the object to be taken is found
1. The offender must enter the house or
building where the robbery was
committed
2. There must be evidence or facts must
show that the accused entered the
dwelling or building by any means
enumerated in 249 (A)
3. Inhabited House - Is any shelter, ship
or vessel constituting the dwelling of
one or more person even though the
inhabitants thereof are temporarily
absent
4. Public building - Is every building
owned by the government or
belonging to a private person but
used or rented by the government
5. The wall must be an outside wall
6. Where the entrance is effected
through a means intended for egress
offender took personal property belonging
to another with intent to gain
or entrance, in order to qualify the
crime as robbery there must be an
actual breaking or smashing in
opening the door
7. Fasle Keys - are genuine keys stolen
from the owner or any keys other
than those intended by the owner for
use in the lock forcibly opened by the
offender
Robbery with force upon things (B)
1. Entrance into the building by any of
the means under subdivision A is not
required
2. Reason for heavier penalty - because
of the possibility that the inhabitants
in the former might suffer bodily
harm
1. That the offender is inside the
dwelling house, public building or
edifice devoted for religious worship,
regardless of the circumstance under
which he entered it
2. That the offender takes personal
property belonging to another, with
intent to gain, under any of the
following circumstances :
a. By the breaking of doors,
wardrobes, chests or any other
kind of locked or sealed
furniture or receptacle
b. By taking such furniture or
objects away to be broken or
forced open outside the place
or the robbery
Art. 300 - Robbery in an uninhabited place Robbery in an inhabited house, public
and by a band
building or edifice devoted for religious
worship is qualified when committed by a
band and in an uninhabited place
Art. 306 - Who are brigands
1. That there be at least four armed
persons
1. Main object - to prevent formation of
band of robbers
2. They formed a bond of robbers
2. It would not be necessary to show, in
a prosecution that members actually
committed highway robbery in order
to convict them
3. The purpose is any of the following
a. To commit robbery in the
highway or
b. To kidnap persons for the
purpose of extortion or to
obtain ransom
c. To attain by means of force
and
violence
any
other
purpose
3. Presumption - all are presumed
highway or robbers, if any of them
carries unlicensed firearm
4. Previous activities of the armed band
were considered because they proved
the purpose of the band
Brigandage and Robbery Distinguished
Brigandage
Robbery in band
The purpose of the offenders is any of the of the following:
The purpose of the offender is only to commit robbery not necessarily
in highway
1. To commit robbery in the highway
2. To kidnap persons for the purpose of extortion or or to
obtain ransom
3. For any other purpose to be attained by means of force
and violence
Purpose is indiscriminate highway robbery
The mere formation of a band for any of the purpose It is necessary to prove that the band actually committed robbery
mentioned in the law is sufficient, as it would not necessary to
show that the band actually committed robbery in the highway
Art. 307 - Aiding and Abetting a band of
brigandage
1. That there is a band of brigands
2. That the offender knows the band to
be brigands
3. That the offender does any of the
following acts:
1. It shall be presumed that the person
the person performing any of the acts
provided
in
this
article
has
performed them knowingly, unless
the contrary is proven
a. He in any manner aids,
abets, or protects such band of
brigands; or
b. He gives them information
of the movements of the police
or other peace officers of the
Government
c. He acquires or receives the
property
taken
by
such
brigands
Art. 308 - Who are liable for theft
Elements of Theft:
That there be taking of personal property
That said property belongs to another
That the taking be done with intent to gain
1. Theft is consummated when the
culprits were able to take possession
of the thing taken by them.
2. To appropriate - to deprive the lawful
owner of the thing
3. No crime of frustrated theft
That the taking be done without consent of
the owner
That the taking be accomplished without
the use of violence against or intimidation
of persons or force upon things
Who are liable for theft:
1. Those who with intent to gain, but
without
violence
against
or
intimidation of persons nor force
upon things, take personal property
of another without the latter’s
consent
2. Those who having found lost
property but fail 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
object of the damage caused by them
4. Those who enter an inclosed estate or
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
4. Intent to gain is preumsed from the
unlawful taking of personal property
belonging to another
5. Gain- means not only the acquisition
of a thing useful to the purpose of life
but also the benefit which in any
other use may be derived or expected
from the act which is performed
6. Taking without the consent of the
owner refers to freely given and not
to one which may only be inferred
from mere lack of opposition on the
part of the owner of the property
taken
7. Even if the owner knew the taking,
but he did not consent to it, the
accused is still liable for theft
8. When a person has in possession,
part of the recently stolen property,
he is presumed to be the thief
Robbery and Theft Compared
Theft
Robbery
It sufficed that the consent on the part of the owner is lacking
It is necessary that there should be a taking against the will of the
owner
Unless the force upon things is employed to enter a building the Robbery with force upon things - Even if the culprit did not enter
taking of the personal property belonging to another with intent to the house or building with force upon things, is when a furniture,
gain is theft
chest, or other locked or sealed receptacle is broken in the house or
building or taken therefrom and broken outside
Art. 309 - Penalties
Basis of Penalty:
1. The value of the thing stolen
2. And in some case the value and also
the nature of the property taken
3. The circumstances or causes that
impelled the culprit to commit the
crime
Prision Mayor in its minimum and medium
period - More than 1,200,000 but no exceed
2,200,000
Art. 310 - Qualified Theft
1. That there is taking of personal
property
2. The the said property belongs to
another
3. That the said taking be done with
intent to gain
4. That it be done without the owner’s
consent
5. That it be done accomplished
without the use of violence or
intimidation against persons, nor
force upon things and
6. That it be done with abuse of
confidence
Theft is Qualified 1. If the theft is
domestic servant
committed by a
1. Penalty is higher by two degrees that
theft
2. The abuse of confidence must be
grave
3. Theft of any material, spare part,
product or article by employees and
laborer is heavily punished
2. If the theft is committed with grave
abuse of confidence
3. If the property stolen is a motor
vehicle, mail matter, or large cattle
4. If the property stolen consist of
coconuts taken from premises of
plantation
5. If the property stolen is fish taken
from a fishpond or fishery
6. If property is taken on the occasion
of fire, earthquake, typhoon, volcanic
eruption or any other calamity
vehicular
accident
or
civil
disturbance
Art. 311 - Theft of the property of the
National library and National Museum
Under this article, the penalty is fixed
without regard to the value of the property
of the National Library or National Museum
But if the crime is committed with grave
abuse of confidence, the penalty is for
qualified theft because Art. 311 says unless
a higher penalty should be provided under
other provisions of this code
Art. 312 - Occupation of real property or Acts punishable:
usurpation of real property
1. By taking possession of any real
property belonging to another by
means of violence against or
intimidation of persons
2. By usurping any real rights in
property belonging to another by
means of violence against or
intimidation of persons
Elements:
1. The real property or real rights must
belong to another
2. There is only civil liability if there is
no violence or intimidation in taking
possession of real property
3. Art 312 is not applicable to a case of
open defiance of writ of execution
issued in forcible entry case
a. That the offender takes possession of
any real property or usurps any real
rights in property
b. That the real property or real rights
belong to another
c. That violence against or intimidation
of persons is used by the offender in
occupying real property or usurping
real rights in property
d. That there is intent to gain
Art. 313 - Altering boundaries or landmarks
1. That there is boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended
to designate the boundaries of the
same
2. That the offender
boundary marks
Art. 314 - Fraudulent Insolvency
alters
said
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
creditors
Art. 315 - Swindling (Estafa)
is
prejudice
to
1. Intent to gain not necessary
2. Mere alteration of the boundary
marks or monument intended to
designate boundaries of towns,
provinces or estate is punishable
1. Abscond - withdraw and hide
2. The person prejudiced must be the
creditor of the offender
his
Elements of Estafa in General:
1. That the accused defrauded another
by : abuse of confidence or by means
of deceit
1. Deceit is not an essential requisite of
estafa with abuse of confidence
(Estafa in General)
2. It is true that it is sometimes said that
deception with intent to defraud is an
2. That the damage or prejudice capable
of pecuniary estimation is caused to
the offended party or third person
Estafa is committed a. With unfaithfulness or abuse of
confidence
b. By means of false pretenses or
fraudulent acts
c. Through fraudulent means
essential requisite of the crime of
estafa. But while it is true as to
estafas in general, it is not true of
those estagas under consideration Art
315 subdivision 1 par b, except in so
far as the abuse of confidence in
misappropriating
the
funds or
property after they have come to the
hands of the offender may be said to
be a fraud upon the person injured
thereby
3. It is necessary that the damage or
prejudice be cable of pecuniary
estimation, because the amount of
the damage or prejudice is the basis
of the penalty for estafa
Estafa with Unfaithfulness
Elements :
1. That the offender has an onerous
obligation to deliver something of
value
1. When there is no agreement as to the
quality of thing to be delivered, the
delivery of thing not acceptable to
the complainant is not estafa
2. That he alter its substance ,quality or
quality
3. That damage or prejudice is caused to
another
Estafa with abuse of confidence
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
obligation involving duty to make
delivery of or to return, the same
1. The fourth element is not necessary
when
there
is
evidence
of
misappropriation of the goods by the
defendant
2. The money, goods or other personal
property must be received by the
offender. If the offender takes the
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
4. That there is a demand made by the
offended party to the offender
thing without the consent of the
owner crime may be theft