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POINTERS: *Art. 71 *Art. 72 *Dangerous Drug Act *Estafa *Crimes against Chastity *Theft *Malversation *Cont.

property-bouncing check Article 171 FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER ELEMENTS: a. That the offender is a public officer, employee, or notary public. b. That he takes advantage of his official position. c. That he falsifies a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric. Requisites: That there be an intent to imitate, or an attempt to imitate That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2) 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Requisites: That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and ii. That such person/s did not in fact so participate in the act or proceeding 4. Making untruthful statements in a narration of facts; Requisites: i. That the offender makes in a document statements in a narration of facts ii. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and iii. That the facts narrated by the offender are absolutely false; and i. i. ii.

iv. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person There must be a narration of facts, not a conclusion of law. Must be on a material matter Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission 5. Altering true dates. date must be essential 6. Making any alteration or intercalation in a genuine document which changes its meaning. Requisites: That there be an alteration (change) or intercalation (insertion) on a document ii. That it was made on a genuine document iii. That the alteration/intercalation has changed the meaning of the document iv. That the change made the document speak something false. 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; (if no knowledge, falsification through negligence) or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (genuine document) d. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. There is no crime of attempted or frustrated falsification of public document Persons liable public officer, employee or notary public or ecclesiastical minister If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person Document: any written statement by which a right is established or an obligation is extinguished Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article Counterfeiting imitating any handwriting, signature or rubric Feigning simulating a signature, handwriting, or rubric out of one of which does not in fact exist i.

Article 172 FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1) ELEMENTS

a.

That the offender is a private individual or a public officer or employee who did not take advantage of his official position. b. That he committed any of the acts of falsification enumerated in ART. 171. 1. Counterfeiting or imitating any handwriting, signature or rubric. 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. 4. Making untruthful statements in a narration of facts; 5. Altering true dates. 6. Making any alteration or intercalation in a genuine document which changes its meaning. c. That the falsification was committed in any public or official or commercial document. Under this paragraph, damage is not essential, it is presumed Defense: lack of malice or criminal intent The following writings are public: a. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country. b. Public records kept in the Philippines. Examples of commercial documents warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments Cash disbursement vouchers or receipts evidencing payments are not commercial documents A mere blank form of an official document is not in itself a document The possessor of falsified document is presumed to be the author of the falsification UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE

FALSIFICATION DOCUMENT

ELEMENTS : a. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171. b. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Not necessary that the offender profited or hoped to profit from the falsification A document falsified as a necessary means to commit another crime must be public, official or commercial There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the

falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage. A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records

USE OF FALSIFIED DOCUMENT (par. 3, art. 172) ELEMENTS: a. Introducing in a judicial proceeding: 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary) b. Use in any other transaction 1. that the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172. 3. That he used such documents (not in judicial proceedings). 4. That the use of the documents caused damage to another or at least was used with intent to cause such damage. The user of the falsified document is deemed the author of falsification, if: a. the use is so closely connected in time with the falsification b. the user had the capacity of falsifying the document Falsification of Private Documents Prejudice to third party is an element of the offense. Falsification of Public/Official Documents Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims.

THE DANGEROUS DRUGS ACT OF 1972 (RA No. 6425, as amended) I. Acts Punishable: a. importation of prohibited drugs b. sale, administration, delivery, distribution and transportation of prohibited drugs c. maintenance of a den, dive or resort for prohibited drug users d. being employees or visitors of drug den

e. f. g. h.

manufacture of prohibited drugs possession or use cultivation of plants failure to comply with provisions relative to keeping of records of prescription i. unnecessary prescription j. possession of opium pipe and other paraphernalia k. Importation, sale, etc. of regulated drugs Importation of prohibited/regulated drugs. Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs. Qualifying Circumstances if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall be imposed. Maintenance of a den, dive, or resort for prohibited/regulated drug users. Qualifying Circumstance where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person using the same in such den, dive or resort, the maximum of the penalty shall be imposed. Manufacture of prohibited/regulated drugs. Possession of prohibited/regulated drugs. Cultivation of plants which are sources of prohibited drugs. a Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. b Qualifying Circumstance if the land involved is part of the public domain, the maximum of the penalty herein provided shall be imposed. Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugs Persons liable: Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer Unlawful prescription of prohibited/regulated drugs Unnecessary prescription of prohibited/regulated drugs Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof.

Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug. Attempt and conspiracy to commit the following offenses: a Importation of dangerous drugs b Sale, administration, delivery, distribution and transportation of dangerous drugs c Maintenance of a den, dive or resort for prohibited drugs d Manufacture of dangerous drugs e Cultivation or culture of plants which are sources of prohibited drugs Other persons liable: a If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. b Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated. c Government official, employee or officer who is found guilty of planting any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter. For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision.

II.

a. NOTE: They shall be considered as persons in authority id they are in the school or within its immediate vicinity, or beyond such immediate vicinity of they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers. b. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action. (Sec. 28)

III.

Rules: a. Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent himself or through his parent, guardian or relative within the 4th civil degree of consanguinity or affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. b. Should the drug dependent escape from the center, he may submit himself for confinement within 1 week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement. c. Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. d. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. e. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and transmit records of the case to the Board. f. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given full credit for the period he was confined in the center. NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the center upon his release therefrom. g. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. h. Requisites of suspension of sentence for first offense in a minor: 1. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. 2. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. In case of violation of conditions of pardon, court shall pronounce judgement of conviction and he shall serve sentence. If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated period. Notes: a Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of the plants is cultivated confiscated and escheated to the State. UNLESS: owner can prove that he had no knowledge of the cultivation despite due diligence

b c d

If land is part of the public domain maximum penalty imposed Possession of opium pipe and other paraphernalia prima facie evidence that the possessor has smoked, consumed, administered himself, used prohibited drugs Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when: Opium Morphine Shabu Heroin Indian hemp MJ resin Cocaine Other drugs 40 grams up 40 grams up 200 grams up 40 grams up 750 grams up 50 grams up 40 grams up Quantity far beyond therapeutic requirement

(if quantity is less than prescribed penalty is PC to RP depending upon the quantity) e f g h i RA 7659 PD 1619 Possession and Use of Volatile Substances 1. mere attempt to sell, import already a crime under Article 6 2. conspiracy to sell, deliver, import already a crime under Article 8 Buy Bust Operation no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. Abedes) Absence of ultraviolet power is not fatal in the prosecution Transportation/importation of MJ immaterial whether there may or may not be a distinction for the MJ Distinguish Entrapment and Instigation: 1. If prosecution can prove the crime without presenting the informer or asset not necessary because their testimonies are merely corroborative. Poseur buyer it depends on whether the prosecution can prove the crime without their testimonies (P v. Rosalinda Ramos) 2. Under the RA, special aggravating circumstance if a crime has been committed while the accused was high on drugs ( P v. Anthony Belgar) 3. Delivery or Sale of Prohibited Drugs the accused must be aware that what he is selling or delivering was prohibited drug. But the moment the fact of sale or delivery is proved by prosecution, the burden to prove that the accused is not aware that drugs are prohibited falls on the defense ( P v. Aranda) 4. P v. Angelito Manalo burden of proving the authority to possess shabu is a matter of defense 5. P v. Hilario Moscaling court may take judicial notice of the word shabu 6. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and malversation under RPC. Planting evidence to implicate another Buy Bust Operation form of entrapment ( P v. Alberto) not necessary to have prior police surveillance (P v. Carlos Franca) Possession constructive or actual not necessary to adduce the marked money as evidence (P v. Romeo Macara)

j k l

m Separate crimes sale/possession of MT found in his possession after he was frisked but he cant be convicted for possession of MJ that he sold n If victim is minor or drug is proximate cause of death max penalty is imposed under Sec 4, 5, 15, 15-a 1. If imposable penalty: RP to death no plea bargaining 2. If offender: government official, employees, officers or found guilty of planting evidences same penalty 3. First offense of a minor suspension of sentence under 18 at time of commission but not more than 21 at time when judgment was promulgated found guilty of possession or use of prohibited or regulated drugs not been previously convicted of violating any provision of this Act or the RPC not been placed on probation defer sentence, place on probation for 6 months to 1 year violation of probation pronounce sentence convict and serve sentence no violation discharge him and dismiss the proceeding if minor is drug dependent commit to a center for treatment and rehabilitation III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Article 217 ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : a. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft) c. That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds) d. That he: 1. Appropriated the funds or property 2. Took or misappropriated them 3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed) Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation

A public officer who has qualified charge of govt property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. when they are in conspiracy with public officers; and b. when they have charge of national, provincial or municipal funds, revenues or property in any capacity In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence, lack of criminal intent or good faith is a defense The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise Returning the embezzled funds is not exempting, it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements Malversation (217) Estafa with Abuse of Confidence (315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating, converting, or denying having received money, goods or other personal property

Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by approaching, taking, or misappropriating/consenting, or through abandonment or negligence, permitting any other person to take the public funds/property

Article 218

ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS : a. That the offender is a public officer, whether in the service or separated therefrom. b. That he must be an accountable officer for public funds property. c. That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor. d. That he fails to do so for a period of two months after such accounts should be rendered. Note: Demand and misappropriation are not necessary

Article 220 ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation): a. That the offender is a public officer. b. That there is public fund or property under his administration. c. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation even if applied to other public purpose). d. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance

Article 221 ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY a. Offender has govt funds or property in his possession b. He is under obligation to either: 1. make payment from such funds 2. to deliver property in his custody or administration when ordered by competent authority 3. He maliciously fails or refuses to do so Note: Penalty is based on value of funds/property to be delivered Article 222 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221 a. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property b. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual Sheriffs and receivers fall under the term administrator

A judicial administrator in charge of settling the estate of the deceased is not covered by the article

III. THEFT A. ELEMENTS OF THEFT: (308) 1. 2. 3. 4. 5. That there be taking of personal property. That said property belongs to another. That the taking be done with intent to gain. That the taking be done without the consent of the owner. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.

Persons liable: 1. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take d) personal property e) of another f) without the latters consent 2. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner Notes: 1. Retention of money/property found is theft. Retention is failure to return (intent to gain) 2. Knowledge of owner is not required, knowledge of loss is enough 3. Finder in law is liable 3. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them Note: Killing of cattle of another which destroyed his property and getting meat for himself 4. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and, without the consent of its owner c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products Notes:

1. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the control test 2. P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu full possession is enough 3. Servant using car without permission deemed qualified theft though use was temporary 4. Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude joyride 5. Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is transferred e.g., by contract of bailment 6. Includes electricity and gas a. inspector misreads meter to earn b. one using a jumper 7. Selling share of co-partner is not theft 8. Salary must be delivered first to employee; prior to this, taking of Php is theft 9. If offender claims property as his own (in good faith) not theft (though later found to be untrue. If in bad faith theft) 10.Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride) 11.Actual gain is not necessary (intent to gain necessary) 12.Allege lack of consent in info is important D. ELEMENTS OF QUALIFIED THEFT: (310) 1. Committed by domestic servant, or 2. With grave abuse of confidence, or 3. Property stolen is: a. motor vehicle b. mail matter c. large cattle d. coconut from plantation e. fish from fishpond or fishery, or 4. On occasion of calamities and civil disturbance. Notes: 1. 2. 3. 4. grave abuse high degree of confidence e.g. guests no confidence, not qualified theft theft material possession estafa juridical possession qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers 5. novation theory applies only if theres a relation 6. industrial partner is not liable for QT (estafa)

7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding is QT 8. see carnapping law: RA 6539 9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa 10. mail matter private mail to be QT, Not postmaster Art. 226 11.theft of large cattle

ESTAFA A. ELEMENTS OF ESTAFA IN GENERAL: (315) 1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315) 1. That the offender has an onerous obligation to deliver something of value. 2. That he alters its substance, quantity, or quality. 3. That damage or prejudice is caused to another. C. ELEMENTS OF ESTAFA WITH ABUSE SUBDIVISION NO.1 PAR. (B), OF ART.315 OF CONFIDENCE UNDER

1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return, the same. 2. That there be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt. 3. that such misappropriation or conversion or dental is to the prejudice of another and 4. That there is a demand made by the offended party to the offender. D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3 WAYS OF COMMITTING: 1. By misappropriating the thing received. 2. By converting the thing received. 3. By denying that the thing was received. Notes:

1. Unfaithful or Abuse of Confidence a. by altering the substance b. existing obligation to deliver even if it is not a subject of lawful commerce c. thing delivered has not been fully or partially paid for not estafa c. no agreement as to quality No estafa if delivery is unsatisfactory

2. By misappropriating and converting a. thing is received by offender under transactions transferring juridical possession, not ownership b. under PD 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale of the goods covered by TR Estafa c. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash estafa d. Estafa not affected by Novation of Contract because it is a public offense e. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. Misappropriating to take something for ones own benefit g. Converting act of using or disposing of anothers property as if it was ones own; thing has been devoted for a purpose or use different from that agreed upon h. There must be prejudice to another not necessary that offender should obtain gain i. Partners No estafa of money or property received for the partnership when the business is commercial and profits accrued. BUT if property is received for specific purpose and is misappropriated estafa! j. Failure to account after the DEMAND is circumstantial evidence of misappropriation k. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him otherwise, Estafa m. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft 3. When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa ESTAFA WITH ABUSE OF CONFIDENCE MALVERSATION

Offenders are entrusted with funds or property and are continuing offenses

offenders are entrusted with funds or property and are continuing

offenses Funds: always private Offender: private individual, or public officer not accountable Committed by misappropriating, converting, denying having received money Funds: public funds or property Offender: public officer accountable for public funds Committed taking, by appropriating,

misappropriating

E. ELEMENTS OF ESTAFA SIGNATURE IN BLANK: (315)

BY

TAKING

UNDUE

ADVANTAGE

OF

THE

1. That the paper with the signature of the offended party be in blank. 2. That the offended party should have delivered it to offender. 3. That above the signature of the offended party a document is written by the offender without authority to do so. 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person. Note: If the paper with signature in blank was stolen Falsification if by making it appear that he participated in a transaction when in fact he did not so participate

F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315) 1. that there must be a false pretense, fraudulent means must be made or executed prior to or 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. 4. That as a result thereof, the offended party suffered damage. Notes: 1. False pretenses or fraudulent acts executed prior to or simultaneously with delivery of the thing by the complainant 2. There must be evidence that the pretense of the accused that he possesses power/influence is false G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315)

1. That the offender postdated a check, or issued a check in payment of an obligation. 2. That such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Notes: 1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31) 2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. 3. No funds in the bank or his funds are not sufficient 4. If check was issued in payment of pre-existing debt no estafa 5. Offender must be able to obtain something from the offended party by means of the check he issues and delivers 6. If postdating a check issued as mere guarantee/promissory note no estafa H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22 1. That a person makes or draws and issues any check. 2. That the check is made or drawn and issued to apply on account or for value. 3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment. Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency

CRIMES AGAINST CHASTITY A. ELEMENTS OF ADULTERY: (333) 1. That the woman is married (even if marriage subsequently declared void) 2. That she has sexual intercourse with a man not her husband. 3. That as regards the man with whom she has sexual intercourses, he must know her to be married. Notes: 1. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance)

2. attempted: caught disrobing a lover B. ELEMENTS OF CONCUBINAGE: (334) 1. That the man must be married. 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling. b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. c. Cohabiting with her in any other place. 3. That as regards the woman she must know him to be married. Note: Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbors spiritual damage and ruin

C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336) 1. That the offender commits any act of lasciviousness or lewdness. 2. That it is done under any of the following circumstances: a. by using force or intimidation, or b. when the offended party is deprived of reason or otherwise unconscious, or c. when the offended party is under 12 years of age. 3. That the offended party is another person of either sex. D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337) Two classes of qualified seduction: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) Elements: 1. That the offended party is a virgin, which is (presumed if she unmarried and of good reputation.) 2. That she must be over 12 and under 18 years of age. 3. That the offender has sexual intercourse with her. 4. That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant) Persons liable:

1.

2.

3.

Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted with the education or custody of the woman seduced Those who abused the confidence reposed in them: a. priest b. house servant c. domestic Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338) 1. That the offended party is over 12 and under 18 years of age. 2. That she must be of good reputation, single or widow. 3. That the offender has sexual intercourse with her. 4. That it is committed by means of deceit. Note: common form is unconditional promise to marry

F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339) 1. that the offender commits acts of lasciviousness or lewdness. 2. That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. G. ELEMENTS OF CORRUPTION OF MINORS: (340) Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341) Acts penalized 1. Engaging in the business of prostitution 2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342) 1. That the person abducted is any woman, regardless of her age, civil status, or reputation. 2. That the abduction is against her will. 3. That the abduction is with lewd designs. Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction

J. ELEMENTS OF CONSENTED ABDUCTION: (343) 1. That the offended party must be a virgin. 2. That she must be over 12 and under 18 years of age. 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4. That the taking away of the offended party must be with lewd designs. K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344) 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse 2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by: a. offended party b. by her parents c. grandparents d. guardians in the order in which they are named above Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape

L. CIVIL LIABILITY ABDUCTION (345)

OF

PERSONS

GUILTY

OF

RAPE,

SEDUCTION

OR

1. To idemnify the offended women

2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

A. ELEMENTS OF LIBEL DEFAMATION: (353) 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. 2. That the imputation must be made publicly. 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Notes: 1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead 2. Kinds of malice: (a) malice in law; (b) malice in fact 3. Malice is presumed to exist in injurious publications 4. Publication is the communication of the defamatory matter to some third person/s 5. Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. 6. There are as many crimes as there are persons defamed. 7. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3 rd persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule(US v OConnel) 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.( P v Encarnacion)

Libel

Perjury

-false accusation need not be made under oath

-false accusation is made under oath

Newsweek v IAC Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for victim to be identifiable. An action for libel allegedly directed against a group of sugar planters cannot be done by resort to filing a class suit as each victim has his specific reputation to protect. In this case, each of the plaintiffs has a separate and distinct reputation in the community.

B. REQUIREMENT OF PUBLICITY: (354) Kinds of privileged communication a. Absolutely privileged not actionable even if the actor has acted in bad faith b. Qualifiedly privileged those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown Exception: a. private communication in performance of legal, moral or social duty Requisites that the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld 2. that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter 3. that the statements in the communication are made in good faith without malice in fact b. fair and true report, made in good faith, without any comments and remarks Requisites 1.

that the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer 2. that it is made in good faith 3. that it is made without any comments or remarks Santos v CA HELD: No malice, he simply furnished the readers with the info that a complaint has been filed against the brokerage firm and reproduced the pleading verbatim with no embellishments. C. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355) Note: Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means

1.

D. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356) Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of accusation and exposure -possible in light threats Art 283 and in threat to publish Art 356.

E. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357) 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine. 2. That he publishes facts connected with the private life of another. 3. That such facts are offensive to the honor, virtue and reputation of said person. Note: Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Lacsa v IAC Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not privileged communication. To be classified as such it must be free from malice. Granting that the letter was privileged communication,

written out of a duty of an officer towards the members, such character was lost when it was published.

F. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358) 1. action of a serious and insulting nature (Grave slander) 2. light insult or defamation not serious in nature (simple slander) Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Notes: Words uttered in the heat of anger constitute light oral defamation ( P v Doronilla) If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant, oral defamation is committed (P v Salleque)

ELEMENTS OF SLANDER BY DEED: (359) 1. That the offender performs any act not included in any other crime against honor. 2. That such act is performed in the presence of other person or persons. 3. That such act casts dishonor, discredit or contempt upon the offended party. Notes: a. Seriousness depends on the social standing of circumstances surrounding the act, the occasion, etc. offended party, the

b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put her to dishonor, contempt and ridicule. ( P v Costa) c. P v Motita Accused held a mirror between the legs of complainant to reflect her private parts. The crowd laughed. Guilty of slander by deed. Distinctions: a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification.

b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt. c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape i. use of force or intimidation ii.deprivation of reason or rendering the offended unconscious offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360) 1) Who are liable a. person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means(par.1) b. author or editor of a book or pamphlet c. editor or business manager of a daily newspaper magazine or serial publication(par.2) d. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) 2) Venue of criminal and civil action for damages in cases of written defamation: a. where the libelous article is printed and 1 st published OR b. where any of the offended parties actually resides at the time of the commission of the offense 3) Where one of the offended parties is a public officer: a. if his office is in the City of Manila - RTC of Manila OR - city/province where the article is printed and 1 st published b. Otherwise - RTC of the city/province where he held office at the time of offense OR - where the article is 1st published

4) Where one of the offended parties is a private individual: - RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published

Note: Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of lasciviousness)

Soriano v IAC The Philippines follows the multiple publication rule which means that every time the same written matter is communicated, such communication is considered a distinct and separate publication of libel.

PROOF OF THE TRUTH (361) Admissible when: a. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer b. the offended party is a government employee, even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his official duties Requisites for Acquittal: a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. it was published with good motives and for a justifiable end (for situation 1 only) Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may be made by the court ( US v Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor. *This article is a limitation to the defense of privileged communication.

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