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1. Robbery
2. business is a property (pldt)
a. sale of business, bulk sales law
b. its movable, not among those listed as immovable
c. telephone calls are considered intangible thing and are capable of
appropriation; they are personal properties
d. PLDT not the owner of those voices
e. Business is the object of theft
3. Theft
a. There is no frustrated theft, only attempted and consummated
(Valenzuela v People)
b. Performed all acts of execution: only frustrated or consummated
i. Test: look at the definition of the crime
1. Theft: taking = possession
2. Before Valenzuela, 2 group of decisions
a. Valenzuela: Crime is produced, it is complete,
the moment accused was able to take
possession of the property
b. Gain realized is not the element of theft, the
element is the intent to gain
4. qualified theft
a. distinction between theft and estafa by misappropriation
i. in theft, the offender takes the thing
ii. in estafa, the offender receives the thing
Estafa by misappropriation
Abuse of confidence
Personal property is entrusted
Juridical possession is transferred
Qualified Theft
Abuse of confidence
Material possession is transferred
5. ESTAFA
a. Not all about deceit, there are other kinds of estafa
Art 315 (1)
b. Second kind of estafa under no1: estafa by
conversion/misappropriation [breach of confidence]
i. Essence of malversation, difference: malversation is
committed by public officer
1. Patrolman A: malversation; B: estafa
a. A confiscated an unlicensed gun, it became
public property, A is accountable for it. Had an
obligation to return it
b. B confiscated a licensed gun.
ii. Frequently committed by people
iii. Elements: P [TACO]CI
1. P personal property received
a. T Trust (deposit)
b. A Administration
c. C commission [agents]
d. O Obligation involving duty to return
[innominate contracts]
2. C conversion
a. Nakinabang? Not needed.
b. Need not benefit from it
c. Conversion = disposing
d. If theres no benefit, there may still be
conversion [2nd definition]
i. Dispose of property without any rights
[as if it was your own attributes of
ownership]
ii. Real essence of ownership: to dispose, if
you give it away, you no longer own the
property
3. I injury
a. Who must be injured?
i. Prejudice of another
ii. Does not exactly say to the prejudice of
the owner.
b. Is the element of injury satisfied if the
immediate victim of the fraud is not the owner
of the goods misappropriated?
c. Ex: American and Filipino company. American
company orders 10,000 dresses from FC. AC
paid down payment to M (who was supposed to
i. Art 315(2)a
1. The act of soliciting a client despite previous
knowledge of several complaints against his employer
for failure to deliver the motor vehicle that was the
subject of the agreement, is tantamount to estafa
2. Misrepresented that he owns 14 hectares. In truth, he
only has a pending application for sales patent on over
a 4 hectares of land
a. Where only intent to cause damage is present,
aside from deceit, only attempted estafa is
committed. [lateo v people]
b. No damage, thus attempted estafa [Wrong!
according to lecturer]
i. Meron ng damage, ngbayad na yung
client.
3. Joson v people, 2008: pyramiding scams
4. Illegal recruitment
e. Estafa by issuing a bounding check
i. Art 315(2)d
BP22
If pre existing obligation
[utang, loan], dishonor or
check is not estafa but only
BP22
i.
Estafa
Element: Limited to payment
of a simultaneous obligation
Art 316
f. Selling property free from all liens and encumbrances
i. Art 316(2)
ii. Llamas v ca
1. No damage inflicted on the buyer; claimant had
possession and control of the land even as the cases
were being heard. Possession and right to exercise
dominion was not disturbed.
6. ARSON
a. Classified into 2 categories [People v malngan]
i. Destructive: a320 RPC, RA 7659 (heinous crime)
1. Structures, public of private
2. Hotels, buildings, edifices, trains, vessels, aircrafts,
factories
17. imprudence
a. test: prudent man foresee harm to another person as a reasonable
consequence of the course about to be pursued.
i. Law imposes on the doer the duty to take precaution against
the mischievous results of the act. Failure to do so,
constitutes negligence [leny villa case]
b. 2 kinds of negligence
i. reckless: damage is immediate or the danger is clearly
manifest of when there is absent of simplest precaution
ii. simple: damage is not immediate
c. element: there must be damage
d. imprudence is a single crime. It cannot be split into two, two
resulting injuries cannot be complexed
i. [ivler case] it is the act [mental attitude] that is
being penalized, not the resulting injuries.
ii. Essence lies in the execution of an imprudent or negligent
act
e. Does art 48 apply to 365: NO! [ivler]
f. Reckless imprudence regardless of imposable fine is within
jurisdiction of MTC
i. Hit and run is not an element of reckless imprudence, it
merely raises the penalty to prison mayor. but it is an
element of abandonment of ones own victim under art
275(2) RTC, no probation [Lamera].