2.7. Dataciones absolutas
6.2.1. Minerales metálicos
I. CRIMES AGAINST PROPERTY A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another. 2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon anything.
Notes:
1. Belonging to another – person from whom property was taken need not be the owner, legal possession is sufficient
2. Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if given in trust – estafa
4. As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete
5. As to robbery with force upon things – thing must be taken out of the building 6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the taking – grave coercion 9. Violence or intimidation must be against the person of the offended party, not
upon the thing
10. General rule: violence or intimidation must be present before the “taking” is complete
11. Except: when violence results in – homicide, rape, intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with any of these crimes under art 294, even if taking is already complete when violence was used by the offender
12. Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter)
13. When both violence or intimidation and force upon things concur – it is robbery with violence
Robbery with violence Grave threats Grave coercion Intent to gain No intent to gain None
Immediate harm Intimidation;
promises some future harm or injury
Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)
Robbery Bribery
X didn’t commit crime but is intimidated to deprive him of his property
X has committed a crime and gives money as way to avoid arrest or
prosecution
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm
B. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)
Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery, the following are committed:
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries Notes:
1. special complex crimes (specific penalties prescribed)
a. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident.
b. robbery with rape – intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party – fiscal can sign the information. When rape and homicide co-exist, rape should be considered as aggravating only and the crime is still robbery with homicide
c. robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed
2. qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
a. in an uninhabited place or b. by a band or
c. by attacking a moving train, street car, motor vehicle or airship, or
d. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or
e. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294
C. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295) Notes:
1. Must be alleged in the information 2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263 D. ROBBERY BY A BAND: (296)
Notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band a. he was a member of the band
b. he was present at the commission of a robbery by that band c. other members of the band committed an assault
d. he did not attempt to prevent the assault
3. Conspiracy to commit robbery with homicide – even if less than 4 armed men
4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide 5. Conspiracy is presumed when 4 or more armed persons committed robbery
6. Unless the others attempted to prevent the assault – guilty of robbery by band only E. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious physical injuries – article 48 is applicable
F. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298)
1. That the offender has intent to defraud another.
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.
G. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299)
1. That the offender entered (a) an inhabited house, or (b) public buildings, 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 or.
d. By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to
another with intent to gain. Notes:
1. Includes dependencies (stairways, hallways, etc.)
2. Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies, courts, corals, barns, etc.
3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY 5. Entrance is necessary – mere insertion of hand is not enough (whole body); not
to get out but to enter – therefore, evidence to such effect is necessary 6. P v. Lamahang – intent to rob being present is necessary
7. Place: house or building; not car
8. Public building – every building owned, rented or used by the government (though owned by private persons) though temporarily vacant
9. Not robbery – passing through open door but getting out of a window
10. Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely pushed
11. False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock
12. Picklocks – specially made, adopted for commission of robbery
13. Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons
14. False key – used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance) ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299 1. That the offender is inside a dwelling house, public building, or edifice devoted to
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, or
b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery.
Notes:
1. Entrance ( no matter how done) 2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to open – already consummated robbery
5. Estafa – if box is in the custody of acc 6. Theft – if box found outside and forced open
H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301) Notes:
1. dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places:
a. contiguous to the building
b. having an interior entrance connected therewith c. which form part of the whole
2. Garage – must have 3 requirements. Exception: orchards/lands
J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302)
1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2. that any of the following circumstances was present:
a. That entrance was effected through an opening not intended for entrance or egress.
b. A wall, roof, floor, or outside door or window was broken.
c. The entrance was effected through the use of false keys, picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. That with intent to gain the offender took therefrom personal property belonging to another.
Notes:
1. Second kind of robbery with force upon things
2. Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened
K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: (303)
L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304)
2. That such picklocks or similar tools are specially adopted to the commission of robbery.
3. That the offender does not have lawful cause for such possession. Note: Actual use of the same is not necessary
M. ELEMENTS OF FALSE KEYS: (305) 1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly opened by the offender
Notes:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not stolen) II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands – more than three armed persons forming a band Purpose:
a. Robbery in highway
b. Kidnapping for extortion or ransom.
c. Any other purpose to be obtained by means of force and violence. Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed firearms (any of them)
b. possession of any kind of arms (not just firearm)
BRIGANDAGE ROBBERY IN BAND
Purposes are given Only to commit robbery, not necessarily in hi-way Mere formation of a band for
the above purpose
If the purpose is to commit a part robbery
Necessary to prove that band actually committed robbery
B. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307) 1. That there is a band of brigands.
2. That the offender knows the band to be of brigands. 3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band if brigands, or
b. he gives them information of the movements of the police or other peace officers of the government or
c. He acquires or receives the property taken by such brigands. Notes:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means
2. Committed by any person 3. On any Phil hi-way
III. THEFT A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property. 2. That said property belongs to another. 3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.
Persons liable: 1. Those who
b) but without violence against or intimidation of persons not force upon things c) take
d) personal property e) of another
f) without the latter’s 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
B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and
4. That the hunting or fishing or gathering of products is without the consent of the owner.
C.PENALTIES FOR QUALIFIED THEFT; (309) 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. “grave abuse” – high degree of confidence e.g. guests 2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. 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 there’s 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
E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311)
IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312)
1. That the offender takes possession of any real property or usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
1. That there be 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 alters said boundary marks.
V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency) 1. That the offender is a debtor; that is, he was obligations due and payable. 2. That he absconds with his property.
3. That there be prejudice to his creditors.
VI. SWINDLING AND OTHER DECEITS 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 OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B), OF ART.315
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