Finals Review Deck 3 [Estafa; Crimes Against Chastity; Crimes Against Honor]

Question 1

What are the general elements of Estafa?

Answer 1

“General Elements of Estafa:

1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.”

Question 2

How are the three forms of estafa committed?

Answer 2

“Three Forms of Estafa: Estafa is committed –

1. with unfaithfulness or abuse of confidence;
2. by means of false pretenses or fraudulent acts; or
3. through fraudulent means.”

Question 3

What are the elements of the crime of estafa with unfaithfulness or abuse of confidence by altering the substance, quantity, or quality of the thing due?

Answer 3

“Elements of Estafa with Unfaithfulness by Alteration:

1. That the accused defrauded another through unfaithfulness or abuse of confidence.
2. That the offender has an onerous obligation to deliver something of value.
3. That he alters its substance, quantity, or quality.
4. That damage or prejudice is caused to another.
5. That the damage or prejudice is capable of pecuniary estimation.”

Question 4

What are the elements of the crime of estafa with unfaithfulness or abuse of confidence by misappropriation?

Answer 4

“Elements of Estafa with Abuse of Confidence Through Misappropriation:

1. That the accused defrauded another by abuse of oconfidence;
2. 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;
3. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt;
4. That such misappropriation or conversion or denial is to the prejudice of another;
5. That the damage or prejudice is capable of pecuniary estimation; and
6. That there is a demand made by the offended party to the offender.”

Question 5

What are the elements of the crime of estafa with unfaithfulness or abuse of confidence by taking advantage of signature in blank?

Answer 5

“Elements of estafa with unfaithfulness or abuse of confidence by taking undue advantage of the signature in blank:

1. That the paper with the signature of the offended party be in blank;
2. That the offended party should have delivered it to the 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 accused did so with unfaithfulness or abuse of confidence;
5. That the document so written creates a liability of, or causes damage to, the offended party or any third person;
6. That the damage or prejudice is capable of pecuniary estimation.”

Question 6

What are the elements of estafa by means of false pretenses or fraudulent acts?

Answer 6

“Elements of estafa by means of false pretenses (Art. 315):

1. That there must be a false pretense, fraudulent act or fraudulent means;
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.”

Question 7

What are the ways of committing the crime of estafa by means of false pretenses or fraudulent acts?

Answer 7

“The ways to commit the crimes of estafa by means of false pretenses or fraudulent acts are:

1. By using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits;
2. BY altering the quality, fineness or weight of anything pertaining to his art or business;
3. By pretending to have bribed any Government employee;
4. By postdating a check or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. “

Question 8

What is estafa through falsification?

Answer 8

Estafa through falsification is a complex crime under Art. 48 of the RPC. It is committed when the offender consummates the crime of falsification prior to the commission of the crime of estafa. The falsified document, however, is a necessary means to commit the crime of estafa.

Question 9

What are the other forms of swindling?

Answer 9

“The other forms of swindling (Art. 316) are:

1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber, or mortgage the same;
2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded;
3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person;
4. Any person who, to the prejudice of another, shall execute any fictitious contract;
5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor;
6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.”

Question 10

What are the elements of swindling a minor?

Answer 10

“Elements of swindling a minor (Art. 317):

1. That the offender takes advantage of the inexperience or emotions or feelings of a minor;
2. That he induces such minor (1) to assume an obligation, or (2) to give release, or (3) to execute a transfer of any property right;
3. That the consideration is (1) some loan of money, (2) credit or (3) other personal property;
4. That the transaction is to the detriment of such minor.”

Question 11

What are other deceits (Art. 318)? What are their elements?

Answer 11

“The other deceits (Art. 318) are:

1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles;
2. By interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain.

Elements first form of other deceit:

1. That the offender defrauds or damages another by any act not falling under Art. 315, 316, and
2. That there is damage capable of pecuniary estimation caused (general element of estafa);

Elements of second form of other deceit:

1. That the offender interprets dreams, makes forecasts, by telling fortunes, or by taking advantage of credulity of the public in any similar manner (this is the act of defrauding);
2. That he does so for the purpose of profit or gain.”

Question 12

What are the acts punishable under Chattel Mortgage?

Answer 12

“The acts punishable under Chattle Mortgage, Removal, sale or pledge of property (Art. 319) are:

1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgage or his executors, administrators or assigns;
2. By selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located.”

Question 13

What are the punishable acts under Destructive Arson (Art 320)?

Answer 13

“The crime is destructive arson when any person:

1. Burns one or more buildings, edifices, consequent to one single act of burning, or as a result of simultaneous burnings, or committed on several or different occasions;
2. Burns any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to official governmental function or business, private transaction, commerce, trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not;
3. Burning any train or locomotive, ship, or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure;
4. Burning any building, factory, warehouse installation and any appurtenance thereto, which are devoted to the service of public utilities;
5. Burning any building, the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance;
6. Burning any arsenal, shipyard, storehouse, or military powder or fireworks factory, ordinance, storehouse, archives of general museum of the Government;
7. Burning in an inhabited place, any storehouse or factory of inflammable or explosive materials.”

Question 14

What are Crimes Involving Destruction (Art. 324)?

Answer 14

“Crimes involving destruction (Art. 324):

1. Any person shall cause the destruction of property;
2. The destruction is by means of: explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general by using any other agency or means of destruction as effective as those above-enumerated”

Question 15

What are the elements of knowingly removinng mortgaged personal property (Art. 319 subd.1)?

Answer 15

“Elements of knowingly removing mortgaged personal property (Art 319 subd 1) are:

1. That the personal property is mortgaged under the Chattel Mortgage Law;
2. That the offender knows that such property is so mortgaged;
3. That he removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the exectuion of the mortgage;
4. That the removal is permanent;
5. That there is no written consent of the mortgagee or his executors, administrators or assigns to such removal.”

Question 16

What are the elements of selling or pledging personal property already pledged (Art. 319 subd. 2)?

Answer 16

“Elements of selling or pledging personal property already pledged (Art. 319 subd 2) are:

1. That personal property is already pledged under the terms of the Chattel Mortgage Law;
2. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof;
3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.”

Question 17

What is the qualifying circumstance for the crime of Destructive Arson?

Answer 17

The penalty of destructive arson is qualified to Death when as a consequence of the commission of the crime, death results. death has been prohibited, reclusion perpetua

Question 18

What are the elements of malicious mischief?

Answer 18

“The elements of malicious mischief are:

1. That the offender deliberately caused damage ot the property of another;
2. That such act does not consitute arson or other crimes involving destructiono.
3. That the act of damaging another’s property be committed merely for the sake of damamging it.”

Question 19

What are the Special Cases of Malicious Mischief (Art. 328)?

Answer 19

“The special cases of malicious mischief are:

1. Causing damage to obstruct the performance of public functions;
2. Using any poisonous or corrosive substance;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public.”

Question 20

What is the difference between the first special case of malicious mischief (causing damage to obstruct the performance of public functions) from the crime of sedition (Art. 139)?

Answer 20

The difference is that Sedition (Art. 139) contains the element of public and tumultuous uprising while in Special Cases of Malicious Mischief, it is not present. They, however, are similar because they both contain the intent to obstruct the performance of public functions.

Question 21

What are considered Other Mischiefs (Art. 329)?

Answer 21

Mischiefs not included in Art. 328 Special Cases of Mischief provided that there was a deliberate destruction or damage to property not falling under the crime of Arson. There is intent to damage.

Question 22

How is Damage and Obstruction to Means of Communication committed (Art. 330)? What is the aggravating circumstance?

Answer 22

Damage and Obstruction to Means of Communication (Art. 330) is committed by:

Question 23

How is Destroying or damaging statues, public monuments or paintings committed (Art. 331)?

Answer 23

“Destroying or damaging statues, public monuments or painting (Art. 331):

1. Destroy or damage statues or any other useful or ornamental public monument;
2. Destroy or damage any useful or ornamental painting of a public nature.”

Question 24

Who are exempt from criminal liability in crimes against property? What crimes are involved?

Answer 24

“Art. 332. Persons exempt from criminal liability

The persons exempt from criminal liability in crimes against property are:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and borthers-in-law and sisters-in-law, if living together

The crimes covered are:

1. Theft;
2. Swindling (estafa);
3. Malicious mischief.”

Question 25

Who are guilty of adultery? What are the elements of adultery?

Answer 25

“Persons guilty of adultery are: (1) married woman; and (2) man not her husband who had carnal knowledge of her;

Elements of adultery (Art. 333):

1. That the woman is married;
2. That she has sexual intercourse with a man not her husband;
3. That as regards the man with whom she has sexual intercourse, he must know her to be married.”

Question 26

When will the crime of adultery warrant a lesser penalty (as provided in Art 333)?

Answer 26

The penalty next lower in degree of prision correccional in med and max shall be imposed if the person guilty of adultery committed the offense whil being abandoned without justification by the offended spouse.

Question 27

What are the elements of concubinage?

Answer 27

“Elements of concubinage (Art 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. “

Question 28

What are the elements of Acts of Lasciviousness?

Answer 28

“The Elements of Acts of Lasciviousness (Art. 336) are:

1. That the offender commits any act of lasciviousness or lewdness;
2. That the act of lasciviousness is committed against a person of either sex;
3. That it is done under any of the following circumstanes:
   a. By using force or intimidation; or
   b. When the offended party is deprived of reason or otherwise unconscious;
   c. By means of fraudulent machination or grave abuse of authority; or
   d. When the offended party is under 12 years of age or is demented.”

Question 29

What are the elements of qualified seduction?

Answer 29

“The elements of qualified seduction (Art. 337):
I. First Mode: Qualified seduction of a virgin:
1. That the offended party is a virgin, which is presumed if she is 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.

II. Second Mode: Qualified seduction of a sister:

1. That the offender party is a sister or a descendant of the offender;
2. That the offender has sexual intercourse with her;
3. That the offender induced his sister/descendant to have sex with him (abuse of relationship).
   * age doesn’t matter in second mode*”

Question 30

What are the elements of simple seduction (Art. 338)?

Answer 30

“The elements of Simple seduction (Art. 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.”

Question 31

What are the elements of Acts of lasciviousness with the consent of the offended party (Art. 339)?

Answer 31

“The elements of Art. 339 Acts of lasciviousness with the consent of the offended party:

1. That the offender commits acts of lasciviousness or lewdness;
2. THat the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 but over 12, 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.”

Question 32

What are the elements of corruption of minors (Art. 340)?

Answer 32

“The elements of Art. 340 Corruption of minors:

1. That the offender promotes or facilitates the prostitution or corruption of persons under age (under 21 based on Alimagno v People);
2. That the promotion or facilitation is to satisfy the lust of another person.

If the offender is a public officer or employee, including those in GOCCs includes temporary absolute disqualification”

Question 33

What are the elements of white slave trade (Art. 341)?

Answer 33

“Elements of white slave trade (Art. 341):

1. The offender is any person who in any manner, or under any pretext, commits any of the following acts:
   a. Engaging in the business of prostitution;
   b. Profiting by prostitution;
   c. Enlisting the services of women for hte purpose of prostitution.”

Question 34

What are the elements of forcible abduction (Art. 342)?

Answer 34

“Elements of forcible abduction (Art. 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.”

Question 35

What are the elements of consented abduction (Art. 343)?

Answer 35

“Elements of consented abduction (Art. 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.”

Question 36

What are the acts punishable under the crime of simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child (Art. 347)?

Answer 36

“The acts punishable under Art. 347 are:

1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status.”

Question 37

What are the elements of usurpation of civil status (Art. 348)?

Answer 37

“The elements of usurpation of civil status are:

1. That the offender is any person who shall usurp the civil status of another;
2. That the usurpation is committed by assuming the filiation, or the parental or conjugal rights of another;
3. That there is intent to enjoy the rights arising from the civil status of another.

Qualifying circumstance: usurpation for the purpose of defrauding the offended party or his heirs. “

Question 38

What are the elements of bigamy (Art. 349)?

Answer 38

“The elements of bigamy (Art. 349) are:

1. That the offender has been legally married;
2. That the marriage has not been legally dissolved, or in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
3. That the contracts a second or subsequent marriage;
4. That the second or subsequent marriage has all the essential requisites for validity.”

Question 39

What are the elements of marriage contracted against provisions of laws (Art. 350)?

Answer 39

“Elements of Art. 350 Marriage contracted against provisions of laws:

1. That the offender contracted marriage;
2. That the he knew at that time that:
   a. the requirements of the law were not complied with; or
   b. the marriage was in disregard of a legal impediment (that it does not fall under bigamy).”

Question 40

What are the elements of performance of illegal marriage ceremony (Art. 352)?

Answer 40

“Elements of Art. 352 Performance of illegal marriage ceremony:

1. That the offender is authorized by law to solemnized marriages: (priest or minister of any religious denomination or sect, civil authority);
2. That the offender solemnized the marriage despite knowing of its legal impediments or defects.

They are penalized according to marriage law.”

Question 41

What is the definition of libel (Art. 353)? What are its elements (defamation)?

Answer 41

“Art. 353. Definition of libel.– A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Elements of libel:

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 circumstance;
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 discontempt of the person defamed.”

Question 42

What are the means enumerated under Libel by means of writing (Art. 355)?

Answer 42

A libel may be committed by means of: writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. (Art. 355)

Question 43

What conditions rebut the presumption of malice provided in Art. 354?

Answer 43

“The presumption of malice in law is rebutted if it is shown by the accused that:

1. the defamatory imputation is true (if the law allows proof of the truth of the imputation);
2. it is punished with good intention; and
3. there is justifiable motive for making it.”

Question 44

When shall malice not be presumed?

Answer 44

“According to Art. 354, Malice is not presumed in the following:

1. A private communication made by any person to another in the performance of any legal, moral or social duty;
2. A fair and true report made in good faith, without any comments or remarks, of any judicial legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act perofrmed by public officers in the exercise of their functions.”

Question 45

In what felonies is blackmail possible?

Answer 45

“The felonies in which blackmail possible are:

1. Light threats (Art. 283);
2. Threatening to publish, or offering to prevent the publication of a libel fro compensation (Art. 356).”

Question 46

What are the acts punished under Art. 356 Threatening to publish and offer to prevent such publication for a compensation?

Answer 46

“The acts punished under Art 356 Threatening to publish and offer to prevent such publication for a compensation are:

1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family;
2. By offering to prevent the publication of such libel for compensation, or money consideration”

Question 47

What are the elements of Art. 357 Prohibited publication of acts referred to in the course of official proceedings?

Answer 47

“The elements of Art. 357 Prohibited publication of acts referred to in the course of official proceedings are:

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. “

Question 48

What is slander?

Answer 48

Slander is oral defamation (Art. 358)

Question 49

What are the two kinds of oral defamation?

Answer 49

“The two kinds of oral defamation are:

1. Simple slander;
2. Grave slander, when it is of a serious and insulting nature.”

Question 50

What is slander by deed?

Answer 50

Slander by deed is a crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person.

Question 51

What are the elements of slander by deed?

Answer 51

“The elements of slander by deed (Art. 359) are:

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.”

Question 52

What are the two kinds of slander by deed?

Answer 52

“Slander by deed is two kinds:

a. Simple slander by deed, and
b. Grave slander by deed, that is, which is of a serious nature.

The determination is a case to case basis.”

Question 53

Who are persons criminally liable under Art 16 RPC?

Answer 53

“Art 16. The following are criminally liable for grave and less grave felonies:

1. Principals;
2. Accomplices;
3. Accessories;

The following are criminally liable for light felonies;

1. Principals;
2. Accomplices.”

Question 54

Who are principals to a crime?

Answer 54

“Art . 17. Principals – The following are considered principals:

1. Those who take direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.”

Question 55

Who are accomplices to a crime?

Answer 55

Art. 18. Accomplices – Accomplices are the persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

Question 56

Who are accessories to a crime?

Answer 56

“Art. 19. Accessories. – Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime;
2. By concealing or destroying the body of the crime, or the effects of instruments thereof, in order to prevent its discovery;
3. BY harboring, concealing, or assisting in the escape of the principal of the crime, provided in the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.”