Criminal Law 2 | Elements Summary | March 18, 2017
ANTI-WIRE TAPPING LAW RA 4200
Acts Penalized:
1) It shall be unlawful for any person,
not being authorized by all the parties
to any private communication or
spoken word:
a) To tap any wire or cable, or
b) By using any other device or
arrangement, to secretly
overhear, intercept, or record
such communication or spoken
word by using a device
commonly known as a
Dictaphone or dictagraph or
detecta-phone or walkie-talkie
or tape-recorder, or however
otherwise described.
2) It shall also be unlawful for any
person, be he a participant or not in
the act or acts penalized in the next
preceding sentence:
a) To knowingly possess any
tape record, wire record, disc
record, or any other such
record, or copies thereof, of any
communication or spoken word
secured either before or after
the effective date of this Act in
the manner prohibited by this
law; or
b) To replay the same for any
other person or persons; or
c) To communicate the contents
thereof, either verbally or in
writing; or
d) To furnish transcriptions
thereof, whether complete or
partial, to any other person.
Inadmissibility in evidence:
Any communication or spoken
word, or the existence, contents,
substance, purport, effect or meaning
of the same or any part thereof, or any
information therein contained
obtained or secured by any person in
violation of the preceding sections of
this Act shall not be admissible in
evidence in any judicial, quasi-judicial,
legislative or administrative hearing or
investigation.
* An extension telephone cannot be
placed in the same category as a
Dictaphone, dictagraph or the other
devices enumerated in Section 1 of RA
4200 as the use thereof cannot be
considered as tapping the wire or
cable of a telephone line. (Ganaan v.
IAC, 145 SCRA 112)
(IV) Title Ten CRIMES AGAINST
PROPERTY
Chapter One
ROBBERY IN GENERAL
ART. 293. WHO ARE GUILTY OF
ROBBERY.
Elements:
1) Offender unlawfully takes the
personal property of another.
2) The personal property
belongs to another person.
3) Intent to gain in taking the
property.
 Criminal Law 2 | Elements Summary | March 18, 2017
4) Taking is with violence and
intimidation or force upon
things.
ART. 294. ROBBERY WITH
VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Punishable acts:
1) When by reason or on
occasion of the robbery, the
crime of homicide shall have
been committed.
2) When the robbery shall have
been accompanied by rape or
intentional mutilation, or if by
reason or on occasion of such
robbery, any of the physical
injuries penalized in subdivision
1 of Article 263 shall have been
inflicted, or the person robbed
shall have been held for ransom
or deprived of his liberty for
more than one day.
3) When by reason or on
occasion of the robbery, any of
the physical injuries penalized
in subdivision 2 of the article
mentioned in the next
preceding paragraph, shall have
been inflicted.
4) Violence or intimidation
employed in the commission of
the robbery shall have been
carried to a degree clearly
unnecessary for the commission
of the crime, or when in the
course of its execution, the
offender shall have inflicted
upon any person not
responsible for its commission
any of the physical injuries
covered by subdivisions 3 and 4
of said Article 263.
ART. 295. ROBBERY WITH
PHYSICAL INJURIES, COMMITTED
IN AN UNINHABITED PLACE AND
BY A BAND.
Punishable acts:
1) In an inhabited place.
2) By a band
3) By attacking a moving train,
street car, motor vehicle or
airship
4) By entering the passengers
compartments in a train or, in
any manner, taking the
passengers thereof by surprise
in the respective conveyances
5) On a street, road, highway or
alley and the intimidation is
with use of firearms.
Qualifying circumstance:
Penalty next higher in degree
shall be imposed upon the leader of
the band.
ART. 296. DEFINITION OF A BAND
AND PENALTY INCURRED BY
MEMBERS THEREOF.
Elements:
1) More than three armed
malefactors.
2) Take part in the commission
of a robbery.
3) The others members of the
band committed an assault
 Criminal Law 2 | Elements Summary | March 18, 2017
4) He did not attempt to prevent
the assault
Qualifying circumstances:
1) Member of the band who is
present at the commission of a
robbery by the band, shall be
punished as principal of any of
the assaults committed by the
band.
2) Member of a band who is
present at the commission of a
robbery in an uninhabited place
and by a band, shall be
punished as principal of any of
the assaults committed by the
band.
ART. 297. ATTEMPTED AND
FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN
CIRCUMSTANCES.
Elements:
1) Attempted or frustrated
robbery
2) Homicide is committed the
person guilty of such offenses
Qualifying circumstances:
Reclusin temporal in its
maximum period to reclusin
perpetua, unless the homicide
committed shall deserve a higher
penalty under the provisions of this
Code.
ART. 298. EXECUTION OF DEEDS
BY MEANS OF VIOLENCE OR
INTIMIDATION.
Elements:
1) With intent to defraud
another
2) By means of violence or
intimidation
3) Compel him to sign, execute
or deliver any public instrument
or document
ART. 299. ROBBERY IN AN
INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO
WORSHIP.
Elements:
1) The malefactors shall enter
the house or building in which
the robbery was committed, 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;
2) The robbery be committed
under any of the following
circumstances:
Qualifying circumstances:
1) Prisin mayor in its medium
period to reclusin temporal in
its minimum period, if the value
of the property taken shall
exceed 250 pesos.
 Criminal Law 2 | Elements Summary | March 18, 2017
2) When the offenders do not
carry arms, and the value of the
property taken exceeds 250
pesos, the penalty next lower in
degree shall be imposed.
3) The same rule shall be
applied when the offenders are
armed, but the value of the
property taken does not exceed
250 pesos.
4) When said offenders do not
carry arms and the value of the
property taken does not exceed
250 pesos, they shall suffer the
penalty prescribed in the two
next preceding paragraphs, in
its minimum period.
5) Robbery be committed in one
of the dependencies of an
inhabited house, public building,
or building dedicated to
religious worship, the penalties
next lower in degree than those
prescribed in this article shall be
imposed.
ART. 300. ROBBERY IN AN
UNINHABITED PLACE AND BY A
BAND.
Robbery mentioned in the next
preceding article, if committed in an
uninhabited place and by a band, shall
be punished by the maximum period
of the penalty provided therefor.
ART. 301. WHAT IS AN INHABITED
HOUSE, PUBLIC BUILDING OR
BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES.
1) Inhabited house means any
shelter, ship or vessel
constituting the dwelling of one
or more persons, even though
the inhabitants thereof shall
temporarily be absent
therefrom when the robbery is
committed.
2) "Deemed dependencies" of
an inhabited house, public
building or building dedicated to
religious worship includes all
interior courts, corrals,
warehouses, granaries, barns,
coach-houses, stables or other
departments or inclosed places
contiguous to the building or
edifice, having an interior
entrance connected therewith,
and which form part of the
whole.
3) Orchards and other lands
used for cultivation or
production are not included in
the terms of the next preceding
paragraph, even if closed,
contiguous to the building and
having direct connection
therewith.
4) Public building includes
every building owned by the
Government or belonging to a
private person but used or
rented by the Government,
although temporarily
unoccupied by the same.
ART. 302. ROBBERY IN AN
UNINHABITED PLACE OR IN A
PRIVATE BUILDING.
Elements:
 Criminal Law 2 | Elements Summary | March 18, 2017
1) Robbery committed in an
uninhabited place or in a
building
2) Any of the following
circumstances is present:
a) If the entrance has
been effected through
any opening not intended
for entrance or egress.
b) If any wall, roof, floor
or outside door or window
has been broken.
c) If the entrance has
been effected through
the use of false keys,
picklocks or other similar
tools.
d) If any door, wardrobe,
chest, or any sealed or
closed furniture or
receptacle has been
broken. e) If any closed or
sealed receptacle, as
mentioned in the
preceding paragraph, has
been removed, even if
the same be broken open
elsewhere.
Qualifying circumstances:
1) When the value of the
property taken does not exceed
250 pesos, the penalty next
lower in degree shall be
imposed.
2) In the cases specified in
Articles 294, 295, 297, 299,
300, and 302 of this Code, when
the property taken is large
cattle, the offender shall suffer
the penalties next higher in
degree than those provided in
said articles.
Art. 303. Robbery of Cereals,
Fruits, or Firewood in an
Uninhabited Place or Private
Building.
In cases enumerated in articles 299
and 302, when the robbery consists in
the taking of cereals, fruits, or
firewood, the culprit shall suffer the
penalty next lower in degree than that
prescribed in said articles.
ILLEGAL FISHING
RA 8550, sec. 86
THE PHILIPPINE FISHERIES CODE
OF 1998 (RA No. 8550)
SECTION 86. Unauthorized Fishing or
Engaging in Other Unauthorized
Fisheries Activities. - No person shall
exploit, occupy, produce, breed,
culture, capture or gather fish, fry or
fingerlings of any fisheries species or
fishery products, or engage in any
fishery activity in Philippine waters
without a license, lease or permit.
Discovery of any person in an area
where he has no permit or registration
papers for a fishing vessel shall
constitute a prima facie presumption
that the person and/or vessel is
engaged in unauthorized fishing:
Provided, That fishing for daily food
sustenance or for leisure which is not
for commercial, occupation or
livelihood purposes may be allowed.
 Criminal Law 2 | Elements Summary | March 18, 2017
It shall be unlawful for any commercial
fishing vessel to fish in bays and in
such other fishery management areas
which may hereinafter be declared as
over-exploited.
Any commercial fishing boat captain or
the three (3) highest officers of the
boat who commit any of the above
prohibited acts upon conviction shall
be punished by a fine equivalent to
the value of catch or Ten thousand
pesos (P 10,000.00) whichever is
higher, and imprisonment of six (6)
months, confiscation of catch and
fishing gears, and automatic
revocation of license.
It shall be unlawful for any person not
listed in the registry of municipal
fisherfolk to engage in any commercial
fishing activity in municipal waters.
Any municipal fisherfolk who commits
such violation shall be punished by
confiscation of catch and a fine of Five
hundred pesos (P 500.00).
ILLEGAL LOGGING
PD 330
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST
RESERVES AS QUALIFIED THEFT
Section 1. Any person, whether natural
or juridical, who directly or indirectly
cuts, gathers, removes, or smuggles
timber, or other forest products, either
from any of the public forest, forest
reserves and other kinds of public
forests, whether under license or
lease, or from any privately owned
forest lands in violation of existing
laws, rules and regulation shall be
guilty of the crime of qualified theft as
defined and penalized under Articles
308, 309 and 310 of the Revised Penal
Code; Provided, That if the offender is
a corporation, firm, partnership or
association, the penalty shall be
imposed upon the guilty officer or
officers, as the case may be, of the
corporation, firm, partnership or
association, and if such guilty officer
or officers are aliens, in addition to the
penalty herein prescribed, he or they
shall be deported without further
proceedings on the part of the
Commissioned of Immigration and
Deportation.
PD 705, Sec 68
Section 68. Cutting, gathering and/or
collecting timber or other products
without license. Any person who shall
cut, gather, collect, or remove timber
or other forest products from any
forest land, or timber from alienable
and disposable public lands, or from
private lands, without any authority
under a license agreement, lease,
license or permit, shall be guilty of
qualified theft as defined and punished
under Articles 309 and 310 of the
Revised Penal Code; Provided, That in
the case of partnership, association or
corporation, the officers who ordered
the cutting, gathering or collecting
shall be liable, and if such officers are
aliens, they shall, in addition to the
penalty, be deported without further
proceedings on the part of the
Commission on Immigration and
Deportation.
The Court shall further order the
confiscation in favor of the
government of the timber or forest
 Criminal Law 2 | Elements Summary | March 18, 2017
products to cut, gathered, collected or
removed, and the machinery,
equipment, implements and tools used
therein, and the forfeiture of his
improvements in the area.
The same penalty plus cancellation of
his license agreement, lease, license
or permit and perpetual
disqualification from acquiring any
such privilege shall be imposed upon
any licensee, lessee, or permittee who
cuts timber from the licensed or
leased area of another, without
prejudice to whatever civil action the
latter may bring against the offender.
FENCING:
PD 1612
Section 1. Title. This decree shall be
known as the Anti-Fencing Law.
Section 2. Definition of Terms. The
following terms shall mean as follows:
(a) "Fencing" is the act of any person
who, with intent to gain for himself or
for another, shall buy, receive,
possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in
any other manner deal in any article,
item, object or anything of value which
he knows, or should be known to him,
to have been derived from the
proceeds of the crime of robbery or
theft.
(b) "Fence" includes any person, firm,
association corporation or partnership
or other organization who/which
commits the act of fencing.
Section 3. Penalties. Any person guilty
of fencing shall be punished as
hereunder indicated:
(a) The penalty of prision mayor, if the
value of the property involved is more
than 12,000 pesos but not exceeding
22,000 pesos; if the value of such
property exceeds the latter sum, the
penalty provided in this paragraph
shall be imposed in its maximum
period, adding one year for each
additional 10,000 pesos; but the total
penalty which may be imposed shall
not exceed twenty years. In such
cases, the penalty shall be termed
reclusion temporal and the accessory
penalty pertaining thereto provided in
the Revised Penal Code shall also be
imposed.
(b) The penalty of prision correccional
in its medium and maximum periods,
if the value of the property robbed or
stolen is more than 6,000 pesos but
not exceeding 12,000 pesos.
(c) The penalty of prision correccional
in its minimum and medium periods, if
the value of the property involved is
more than 200 pesos but not
exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its
medium period to prision correccional
in its minimum period, if the value of
the property involved is over 50 pesos
but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its
medium period if such value is over
five (5) pesos but not exceeding 50
pesos.
(f) The penalty of arresto mayor in its
minimum period if such value does not
exceed 5 pesos.
CATTLE RUSTLING
PD 533
 Criminal Law 2 | Elements Summary | March 18, 2017
Section 1. Title. This Decree shall be
known as the "Anti-Cattle Rustling Law
of 1974."
Section 2. Definition of terms. The
following terms shall mean and be
understood to be as herein defined:
a. Large cattle as herein used shall
include the cow, carabao, horse, mule,
ass, or other domesticated member of
the bovine family.
b. Owner/raiser shall include the
herdsman, caretaker, employee or
tenant of any firm or entity engaged in
the raising of large cattle or other
persons in lawful possession of such
large cattle.
c. Cattle rustling is the taking away by
any means, method or scheme,
without the consent of the
owner/raiser, of any of the above-
mentioned animals whether or not for
profit or gain, or whether committed
with or without violence against or
intimidation of any person or force
upon things. It includes the killing of
large cattle, or taking its meat or hide
without the consent of the
owner/raiser.
Section 3. Duty of owner/raiser to
register. The owner/raiser shall, before
the large cattle belonging to him shall
attain the age of six months, register
the same with the office of the
city/municipal treasurer where such
large cattle are raised. The
city/municipality concerned may
impose and collect the fees authorized
by existing laws for such registration
and the issuance of a certificate of
ownership to the owner/raiser.
Section 4. Duty of city/municipal
treasurers and other concerned public
officers and employees. All public
officials and employees concerned
with the registration of large cattle are
required to observe strict adherence
with pertinent provisions of Chapter
22, Section 511 to 534, of the Revised
Administrative Code, except insofar as
they may be inconsistent with the
provisions of this Decree.
Section 5. Permit to buy and sell large
cattle. No person, partnership,
association, corporation or entity shall
engage in the business of buy and sell
of large cattle without first securing a
permit for the said purpose from the
Provincial Commander of the province
where it shall conduct such business
and the city/municipal treasurer of the
place of residence of such person,
partnership, association, corporation
or entity. The permit shall only be valid
in such province.
Section 6. Clearance for shipment of
large cattle. Any person, partnership,
association, corporation or entity
desiring to ship or transport large
cattle, its hides, or meat, from one
province to another shall secure a
permit for such purpose from the
Provincial Commander of the province
where the large cattle is registered.
Before issuance of the permit herein
prescribed, the Provincial Commander
shall require the submission of the
certificate of ownership as prescribed
in Section 3 hereof, a certification from
the Provincial Veterinarian to the effect
that such large cattle, hides or meat
are free from any disease; and such
other documents or records as may be
necessary. Shipment of large cattle, its
hides or meat from one
city/municipality to another within the
same province may be done upon
securing permit from the
 Criminal Law 2 | Elements Summary | March 18, 2017
city/municipal treasurer of the place of
origin.
Section 7. Presumption of cattle
rustling. Every person having in his
possession, control or custody of large
cattle shall, upon demand by
competent authorities, exhibit the
documents prescribed in the
preceding sections. Failure to exhibit
the required documents shall be prima
facie evidence that the large cattle in
his possession, control or custody are
the fruits of the crime of cattle
rustling.
Section 8. Penal provisions. Any
person convicted of cattle rustling as
herein defined shall, irrespective of the
value of the large cattle involved, be
punished by prision mayor in its
maximum period to reclusion temporal
in its medium period if the offense is
committed without violence against or
intimidation of persons or force upon
things. If the offense is committed with
violence against or intimidation of
persons or force upon things, the
penalty of reclusion temporal in its
maximum period to reclusion perpetua
shall be imposed. If a person is
seriously injured or killed as a result or
on the occasion of the commission of
cattle rustling, the penalty of reclusion
perpetua to death shall be imposed.
When the offender is a government
official or employee, he shall, in
addition to the foregoing penalty, be
disqualified from voting or being voted
upon in any election/referendum and
from holding any public office or
employment.
When the offender is an alien, he shall
be deported immediately upon the
completion of the service of his
sentence without further proceedings.
THEFT OF ELECTRICITY, ILLEGAL
WATER OR
TELEPHONE CONNECTIONS
RA 7832
AN ACT PENALIZING THE PILFERAGE
OF ELECTRICITY AND THEFT OF
POWER TRANSMISSION
LINES/MATERIALS, RATIONALIZING
SYSTEM LOSSES BY PHASING OUT
PILFERAGE LOSSES AS A COMPONENT
THEREOF, AND FOR OTHER PURPOSES.
Section 1. Short Title. This Act
shall be referred to as the "Anti-
Electricity and Electric Transmission
Lines/Materials Pilferage Act of 1994."
Sec. 2. Illegal Use of Electricity.
It is hereby declared unlawful for any
person, whether natural or juridical,
public or private, to:
(a) Tap, make or cause to be
made any connection with overhead
lines, service drops, or other electric
service wires, without previous
authority or consent of the private
electric utility or rural electric
cooperative concerned;
(b) Tap, make or cause to be
made any connection to the existing
electric service facilities of any duly
registered consumer without the
latter's or the electric utility's consent
or authority;
(c) Tamper, install or use a
tampered electrical meter, jumper,
current reversing transformer, shorting
or shunting wire, loop connection or
any other device which interferes with
the proper or accurate registry or
metering of electric current or
 Criminal Law 2 | Elements Summary | March 18, 2017
otherwise result in its diversion
whereby electricity is stolen or wasted;
(d) Damage or destroy an
electric meter, equipment, wire or
conduit or allow any of them to be so
damaged or destroyed as to interfere
with the proper or accurate metering
of electric current; and
(e) Knowingly use or receive the
direct benefit of electric service
through any of the acts mentioned in
subsections (a), (b), (c), and (d) above.
RA 8041
REPUBLIC ACT NO. 8041
AN ACT TO ADDRESS THE NATIONAL
WATER CRISIS AND FOR OTHER
PURPOSES.
Sec. 1 Short Title. - This Act shall be
shown as the "National Water Crisis
Act of 1995."
Sec. 2. Declaration of Policy. - It is
hereby declared the policy of the State
to adopt urgent and effective
measures to address the nationwide
water crisis which adversely allocate
the health and well-being of the
population , food production and
industrialization process.
Pursuant thereto the government shall
address the issues relevant to the
water crisis including, but not limited
to, supply, distribution, finance,
privatization of state-run water
facilities, the protection and
conservation of watersheds and the
waste and pilferage of water, including
the serious matter of graft and
corruption in all the water agencies.
Sec. 3. Organization of Joint Executive-
Legislative Water Crisis Commission.-
Within thirty (30) days after the
effectivity of this Act, there shall be
organized a Joint Executive -Legislative
Water Crisis Commission. The
Commission shall be chaired by the
Executive Secretary, with the
secretaries of the Department of
Public Works and Highways and the
Department of Environment and
Natural Resources, and the chairmen
of the appropriate Senate and House
committees, as designated by the
leaders of both Houses of Congress, as
well as a representative of the
minority from each House , as
members.
There shall be a technical staff
constituted by by representatives of
the National Water Resources Board
(NAIROBI) , the Metropolitan
Waterworks and Sewerage System
(MWSS) , the Local Water Utilities
Administration (LWUA), the
appropriate committees of the Senate
and the House , and the certified
workers' union in the affected water
institutions.
Art. 305. False Keys.
1) The tools mentioned in the
next preceding articles.
2) Genuine keys stolen from the
owner.
3) Any keys other than those
intended by the owner for use in
the lock forcibly opened by the
offender.
Art 306
Chapter Two BRIGANDAGE
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Art. 306. Who are Brigands
Elements:
1) When three or more armed
persons
2) Form a band of robbers
3) Purpose
a) committing robbery in
the highway
b) kidnapping persons for
the purpose of extortion
or to obtain ransom
c) attained by means of
force and violence, they
shall be deemed highway
robbers or brigands.
Qualifying circumstances:
1) Prisin mayor in its medium period
to reclusin temporal in its minimum
period if the act or acts committed by
them are not punishable by higher
penalties, in which case, they shall
suffer such higher penalties.
2) If any of the arms carried by any of
said persons be an unlicensed firearm,
it shall be presumed that said persons
are highway robbers or brigands, and
in case of conviction, the penalty shall
be imposed in the maximum period.
P.D. 532
PD 532 THE ANTI-HIGHWAY
ROBBERY LAW OF 1974
Highway robbery or brigandage It is
the seizure for ransom, extortion or
other unlawful purposes or the taking
away of property of another by means
of violence against or other unlawful
means, committed by any person on
any Philippine Highway. Any person
who aids or protects highway robbers
or abets the commission of highway
robbery or brigandage shall be
considered as an accomplice.
NOTE: Philippine highway shall refer to
any road, street, passage, highway
and bridges or other parts thereof, or
railway or railroad within the
Philippines used by persons, or
vehicles, or locomotives or trains for
the movement or circulation of
persons or transportation of goods,
articles, or property or both.
Art 308 Theft
Art. 308. Who are Liable for Theft.
1) Taking of personal property
2) Belongs to another
3) With intent to gain
4) Without violence against or
intimidation of persons nor force
upon things
5) Take personal property of
another without the latters
consent.
Theft is likewise committed by:
1) Any person who
a) Having found lost property
shall fail
b) Fail deliver the same to the
local authorities or to its owner;
2) Any person who
 Criminal Law 2 | Elements Summary | March 18, 2017

a) After having maliciously ANTI-CARNAPPING ACT (RA 6539)

damaged the property of
Ways of committing Carnapping
another
1) When the subject matter is a
b) Remove or make use of the
motor vehicle and the motor
fruits or object of the damage
vehicle is unlawfully taken
caused by him
through violence, threat or
3) Any person who intimidation;
a) Enter an enclosed estate or a 2) In any other unlawful means.
field where trespass
Elements:
b) Forbidden or which belongs
1) That there is an actual taking
to another and without the
of the vehicle; 2) That the
consent of its owner
vehicle belongs to a person
c) Shall hunt or fish upon the other than the offender himself;
same or shall gather fruits,
3) That the taking is without the
cereals, or other forest or farm
consent of the owner thereof; or
products.
that the taking was committed
Art 310 Qualified Theft by means of violence against or
intimidation of persons, or by
Art. 310. Qualified Theft.
using force upon things; and
Persons liable:
4) That the offender intends to
1) Committed by a domestic gain from the taking of the
servant vehicle.

2) Committed with grave abuse

of confidence
Art 312
3) If property stolen is large
Chapter Four USURPATION
cattle, motor vehicle, mail
matter
4) Consists of coconuts taken ART. 312. Occupation of Real
from plantation Property or Usurpation of Real
Rights in Property.
5) Fish taken from a fishpond or
fishery.
6) If property is taken on the Punishable acts:
occasion of fire, earthquake,
1) Any person who, by means of
typhoon, volcanic eruption, or
violence against or intimidation of
any other calamity
persons
2) Take possession of any real property
R.A 6539 or shall usurp any real rights in
property belonging to another
 Criminal Law 2 | Elements Summary | March 18, 2017
Elements:
1) Offender takes possession of
any real property or usurps any
real rights in property. 2) Real
property or real rights belongs
to another.
3) Violence against or
intimidation of persons is used
by the offender in occupying
real property or usurping real
rights in property.
4) There is intent to gain.
Art 315 Estafa
Chapter Six SWINDLING AND
OTHER DECEITS
ART. 315. Swindling (Estafa)
Elements of estafa in general:
1) Accused defrauded another
by abuse of confidence or by
means of deceit.
Ways of committing estafa:
a) With unfaithfulness or
abuse of confidence
b) By means of false
pretenses or fraudulent
acts; or
c) Through fraudulent
means
2) Damage or prejudice
capable of pecuniary estimation
is caused to the offended party
or third person.
Estafa with unfaithfulness or abuse of
confidence
Elements:
1) Under paragraph (a):
a) Offender has an onerous
obligation to deliver something
of value
b) He alters its substance,
quantity, or quality
c) Damage or prejudice is
caused to another
2) Under paragraph (b):
a) Money, goods, or other
personal property is 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
b) There is misappropriation or
conversion of such money or
property by the offender, or
denial on his part of such
receipt
c) Such misappropriation or
conversion or denial is to the
prejudice of another; and
d) There is a demand made by
the offended party to the
offender
3) Under paragraph (c):
a) The paper with the signature
of the offended party is in blank;
b) Offended party delivered it to
the offender; c) Above the
signature of the offended party,
a document is written by the
 Criminal Law 2 | Elements Summary | March 18, 2017

offender without authority to do b) By obtaining credit at any of said

so;
d) The document so written
creates a liability of, or causes
damage to, the offended party
or any third person.
establishments by the use of any false
pretense c) By abandoning or
surreptitiously removing any part of
his baggage from any of said
establishments after obtaining credit,
food, refreshment or accommodation
therein, without paying therefor

Estafa by means of false pretenses or

fraudulent acts
Estafa under par. 2 (d) of Art. 315

Elements:
1) Under paragraph (a)
a) Using fictitious name
b) Falsely pretending to possess
power, influence, qualifications,
property, credit, agency,
business or imaginary
transactions; or c) By means of
other similar deceits
Elements: 1) The postdating or
issuance of a check in payment of an
obligation contracted at the time the
check was issued; 2) Lack of
sufficiency of funds to cover the
check; and 3) Damage to the payee.
Estafa through fraudulent means
under Article 315 (3)

2) Under paragraph (b) Altering the

quality, fineness, or weight of anything
Elements:
pertaining to his art or business.
1) Under paragraph (a)
3) Under paragraph (c) Pretending
to have bribed any government a) Offender induced the
employee, without prejudice to the offended party to sign a
action for calumny which the offended document.
party may deem proper to bring
b) Deceit was employed to
against the offender.
make him sign the document.
4) Under paragraph (d) postdating a
c) Offended party personally
check or issuing a check in payment of
signed the document.
an obligation
d) Prejudice was caused.
5) Under paragraph (e)
2) Under paragraph (b)
a) By obtaining food, refreshment or
Resorting to some fraudulent practice
accommodation at a hotel, inn,
to insure success in a gambling game;
restaurant, boarding house, lodging
house or apartment house without 3) Under paragraph (c)
paying therefor, with intent to defraud
the proprietor or the manager thereof a) Offender removed, concealed
or destroyed.
 Criminal Law 2 | Elements Summary | March 18, 2017
b) Any court record, office files,
documents or any other papers.
c) With intent to defraud
another.
TRUST RECEIPTS
PD 115
Section 1. Short Title. This Decree shall
be known as the Trust Receipts Law.
Section 2. Declaration of Policy. It is
hereby declared to be the policy of the
state (a) to encourage and promote
the use of trust receipts as an
additional and convenient aid to
commerce and trade; (b) to provide for
the regulation of trust receipts
transactions in order to assure the
protection of the rights and
enforcement of obligations of the
parties involved therein; and (c) to
declare the misuse and/or
misappropriation of goods or proceeds
realized from the sale of goods,
documents or instruments released
under trust receipts as a criminal
offense punishable under Article Three
hundred and fifteen of the Revised
Penal Code
B.P. Blg 22
AN ACT PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK
WITHOUT SUFFICIENT FUNDS OR
CREDIT AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient
funds. - Any person who makes or
draws and issues any check to apply
on account or for value, knowing 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, which 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 drawer, without any valid
reason, ordered the bank to stop
payment, shall be punished by
imprisonment of not less than thirty
days but not more than one (1) year or
by a fine of not less than but not more
than double the amount of the check
which fine shall in no case exceed Two
Hundred Thousand Pesos, or both such
fine and imprisonment at the
discretion of the court.
The same penalty shall be imposed
upon any person who, having
sufficient funds in or credit with the
drawee bank when he makes or draws
and issues a check, shall fail to keep
sufficient funds or to maintain a credit
to cover the full amount of the check if
presented within a period of ninety
(90) days from the date appearing
thereon, for which reason it is
dishonored by the drawee bank.
Where the check is drawn by a
corporation, company or entity, the
person or persons who actually signed
the check in behalf of such drawer
shall be liable under this Act.
SWINDLING BY SYNDICATE
PD 1689
INCREASING THE PENALTY FOR
CERTAIN FORMS OF SWINDLING
OR ESTAFA
Section 1. Any person or persons who
shall commit estafa or other forms of
 Criminal Law 2 | Elements Summary | March 18, 2017

swindling as defined in Article 315 and banks, cooperative, "samahang

316 of the Revised Penal Code, as nayon(s)", or farmers association, or of
amended, shall be punished by life funds solicited by
imprisonment to death if the swindling corporations/associations from the
(estafa) is committed by a syndicate general public.
consisting of five or more persons
When not committed by a syndicate as
formed with the intention of carrying
above defined, the penalty imposable
out the unlawful or illegal act,
shall be reclusion temporal to
transaction, enterprise or scheme, and
reclusion perpetua if the amount of
the defraudation results in the
the fraud exceeds 100,000 pesos.
misappropriation of money contributed
by stockholders, or members of rural