Crime Against Property Flashcards
What are the elements of robbery? What are its special complex crimes?
Under Article 293, there is robbery when a person, with intent to gain, unlawfully takes a personal property belonging to another by means of violence against or intimidation of persons, or force upon things.
Under Article 294, there is a special complex crime of robbery when by reason or occasion thereof, rape, intentional mutilation, or arson is committed (robbery with rape), or homicide is committed (robbery with homicide), or the offended party incurred serious physical injuries (robbery with serious physical injuries).
In the crime of robbery, what are the rules in its element of violence against or intimidation of persons, or force upon things?
The violence against or intimidation of persons must be directed to the offended party, and not to the property, otherwise, it becomes theft. If the violence did not result to any of the special complex crime, it will be simple theft, under Article 294.
There is force upon things if the offender breaks anything inside an inhabited house or building. If the force is used to enter a house, it is also robbery.
What are the qualifying circumstances of robbery in Article 295 with regards to robbery with serious physical injury under Article 294?
Under Article 295, the qualifying circumstances of robbery therein are robbery with physical injuries committed by a band, committed in an uninhabited place, or with the use of firearm on a street, road, or alley.
How is a band defined under Article 295? What are the liabilities of each member of a band in the commission of robbery?
Under Article 295, a band is defined as at least four armed (if unlicensed, penalty is raised) malefactors. All members present on the commission of robbery are considered as principals, unless there is a member who tried to prevent such crime.
Who are brigands? What is its difference from robbery committed by a band?
Under Article 306, brigands is composed of more than three armed persons formed to commit robbery in a highway, kidnapping persons for the purpose of extortion/ransom, or for any other purpose attained by means of force or violence.
Its difference is that, under Article 306, what is punished is the act of forming a band to commit the crimes mentioned above, while in robbery committed by a band, the act punished is indeed the commission of the robbery as a band. In the former, it is not necessary that there will be an actual robbery, as what is punished is forming a band for the purposes mentioned.
What are the four elements of theft under Article 308?
First, there is theft if the offender, without the consent of the owner, takes the property of the latter without employing violence against or intimidation of persons, or force upon anything.
Second, there is theft if the offender fails to deliver a lost property to the proper authorities or to the owner after finding the property.
Third, there is theft if the offender, after maliciously damaging the property of another, makes us of the products or fruits of the damaged property.
Fourth, there is theft if the offender, without the consent of the owner, enters an enclosed estate or field to gather farm or forest products where trespass is forbidden.
When is a theft qualified?
Under Article 310, a theft is qualified if the taking is done by a domestic servant or with grave abuse of confidence.
What are the elements of estafa?
Under Article 315, the elements of estafa is: a person defrauds another by means of unfaithfulness or abuse of confidence, or by means of false pretenses or fraudulent acts, or by any fraudulent means, to the prejudice of the other person or a third party.
Under estafa by means of unfaithfulness or grave abuse of confidence, what are its three punishable acts?
First, the offender, with a onerous obligation to deliver something, alters the quality, quantity, or substance to prejudice another.
Second, the offender misappropriates, converts, or denies the receipt of a property he received in trust, commission, or for administration, or any other obligation involving the delivery or return of the same, resulting to the prejudice of another upon demand of the latter.
Third, the offended party, without authority, wrote a document above the signature of the offended party, handed to him by the latter creating liability or causing damage to the latter or any third person.
Under estafa by means of false pretenses or other fraudulent acts, what are four of its punishable acts?
First, the offender used false names, pretended to have power, influence, property, etc.
Second, altering the quality of anything pertaining to a business.
Third, pretending to have bribed a government employee.
Fourth, postdating a check, or issuing one with insufficient balance to pay an obligation. Failure to deposit the amount within three days of notice from the bank that the court has dishonored the check is prima facie evidence of fraud.
Under estafa by other fraudulent means, what are the three punishable acts?
First, inducing another to sign a document by means of deceit.
Second, ensuring success in a gambling activity by resorting to fraudulent practices.
Third, removing, concealing, or destroying court records, files, or documents.
Under estafa by means of unfaithfulness or grave abuse of confidence, one of the acts punishable is that the offender, with onerous obligation to deliver something, alters the substance, quality, or quantity of the thing to the prejudice of another. Briefly discuss its elements.
The phrase with onerous obligation to deliver something, it basically means that the offender was partially or fully paid by the offended party. Otherwise, there is no onerous obligation.
The phrase altering the substance, quality, or quantity, means that the offender changed the content or number of the thing to be delivered, to prejudice the offended party.
Under estafa by means of unfaithfulness or grave abuse of confidence, one of the acts punishable is that: the offended party, misappropriates, converts, or denies receipt of a thing he received in trust, commission, for administration, or any other act that involves the delivery or return of the same, to the prejudice of the offended party, upon his demand. Briefly discuss the elements.
Under this punishable act, it is important to note that the offended party lawfully received the property, but he later on misappropriates, converts, or denies the receipt of the thing, when the offended party demanded for it.
There is also receipt of the property through a quasi-contract (mistakenly sent to the offender) or a contract of bailment (deposit, lease, etc.).
Demand is only needed for “receipt of a thing” because the offender lawfully received the property.
What is the difference of estafa with abuse of confidence and malversation?
In estafa with abuse of confidence, the property misappropriated or converted is a private property of the offended party, while in malversation, the property involved is public property or funds.
In the former, the offender is either a private or public authority, while in malversation, the offender is a public authority responsible for the property.
With regards to estafa through falsification of commercial document, what is the general rule with regards to complex crimes?
The general rule is, if the offender committed falsification of public, or commercial document as a necessary mean to commit the crimes of estafa, theft, or malversation, the two crimes form a complex crime, under Article 48.
It is also important to note that there is no falsification of private documents and estafa. if the falsification of a private document is necessary to commit the estafa, the crime would be falsification. If the crime of estafa can be committed without the falsification, the crime would be estafa.
