Jag Iesu Iigo G.

Murillo
Criminal Law Elements of Crimes Against Persons and Against Property
Title VIII CRIMES AGAINST PERSONS
Section 1: Parricide, Murder, Homicide
Article
246

Crime
Parricide

247

Death or Physical Injuries inflicted under

Exceptional Circumstances

248

Murder

Elements
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse, of the accused.
Cases of parricide when the penalty shall NOT be reclusion
perpetua to death:
Parricide through negligence (Art. 365)
Parricide by mistake (Art. 249)
Parricide under exceptional circumstances (Art. 247)
The child should not be less than 3 days old; otherwise
thecrime is infanticide (Art. 255)
1. That a legally married person or a parent surprises his spouse
or his daughter, the latter under 18 years of age and living with
him, in the act of committing sexual intercourse with another
person;
2. That he or she kills any or both of them, or inflicts upon any or
both of them any serious physical injury, in the act or
immediately thereafter; and
3. That he has not promoted or facilitated the prostitution of his
wife or daughter, or that he or she has not consented to the
infidelity of others.
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248; and
4. That the killing is not parricide or infanticide.
Qualifying circumstances under Art. 248 which makes the killing a
Murder:
1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employs means to weaken the defence,
or of means or persons to insure or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, shipwreck, stranding of a
vessel, derailment or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any other
means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse. (As amended by RA No. 7659)
Rules for the application of the circumstances which qualify the
killing to murder:
1. That murder will exist with only one of the circumstances
described in Art. 248.
2. Where there are more than one qualifying circumstances
present, only one will qualify the killing, with the rest to be
considered as generic aggravating circumstances.
3. That when the other circumstances are absorbed or included

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Criminal Law Elements of Crimes Against Persons and Against Property
in one qualifying circumstance, they cannot be considered as
generic aggravating.
4. That any of the qualifying circumstances enumerated in Art.
248 must be alleged in the information.

249

Homicide

250

Penalty for Frustrated Parricide, Murder, or

Homicide

251

Death in Tumultuous Affray

252

Physical Injuries inflicted in Tumultuous

Affray

253

Giving Assistance to Suicide

254

Discharge of Firearms

1. That a person was killed;

2. That the accused killed him without any justifying
circumstance;
3. That the accused had the intention to kill, which is presumed;
and
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.
Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide.
Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
This provision is permissive NOT MANDATORY.
1. That there be several persons;
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally,
otherwise, they may be held liable as co-conspirators;
3. That these several persons quarrelled and assaulted one
another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased;
and
6. That the person or persons who inflicted serious physical
injuries or who used violence can be identified.
Persons liable:
1. The person or persons who inflicted the serious physical
injuries are liable.
2. If it is not known who inflicted the serious physical injuries on
the deceased ALL the persons who used violence upon the
person of the victim are liable, but with lesser liability.
1. That there is a tumultuous affray as referred to in Art. 251;
2. That a participant or some participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only;
3. That the person responsible therefore cannot be identified;
and
4. That all those who appear to have used violence upon the
person of the offended party are known.
1. By assisting another to commit suicide, whether the suicide is
consummated or not;
2. By lending his assistance to another to commit suicide to the
extent of doing the killing himself.
1. That the offender discharges a firearm against or at another
person; and
2. That the offender has no intention to kill that person.

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Section 2: Infanticide and Abortion
Article
Crime
255
Infanticide

256

Intentional Abortion

1.
2.
3.
1.
2.

3.

4.

Elements
That a child was killed;
That the deceased child was less than three days (72 hours)
of age; and
That the accused killed the said child.
That there is a pregnant woman;
That violence is exerted, or drugs or beverages administered,
or that the accused otherwise acts upon such pregnant
woman;
That as a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the fetus dies, either
in the womb or after having been expelled therefrom; and
That the abortion is intended.

Ways of Committing Intentional Abortion:

1. By using any violence upon the person of the pregnant
woman;
2. By acting, without using violence and without the consent of
the woman (by administering drugs or beverages upon such
pregnant woman without her consent; and
3. By acting, with the consent of the pregnant woman, by
administering drugs or beverages.

257

Unintentional Abortion

258

Abortion practiced by the woman herself

or her parents

259

Abortion practiced by the Physician or

Midwife in dispensing of abortive

Person liable in Intentional Abortion:

1. The person who intentionally caused the abortion under Art.
256;
2. The pregnant woman if she consented under Art. 258.
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman without
intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in the
womb or after having been expelled therefrom.
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent, for the purpose of
concealing her dishonour.
1. That there is a pregnantwoman who has suffered anabortion;
2. That the abortion is intended;
3. That the offender, who must bea physician or midwife,
causes,or assists in causing theabortion; and
4. That said physician or midwifetakes advantage of his or
herscientific knowledge or skill.
As to PHARMACISTS:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician; and
3. That the offender dispenses any abortive.

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Section 3: Duel
Article
Crime
260
Responsibility of participants in Duel

261

Challenging to a Duel

Elements
Acts punished:
1. By killing ones adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
3. By making a combat although no physical injuries have been
inflicted.
Persons liable:
1. The person who killed or inflicted physical injuries upon his
adversary or both combatants in any other case, as principals.
2. The seconds, as accomplices.
Acts punished:
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge to a duel; and
3. By scoffing or decrying another publicly for having refused to
accept a challenge to fight a duel.
Persons liable:
1. Challenger
2. Instigators

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Section 4: Physical Injuries
Article
Crime
262
Mutilation
a. Castration

b. Mayhem

263

Serious Physical Injuries

Elements
By intentionallymutilating another bydepriving him, eithertotally or
partially, ofsome essential organfor reproduction
a. That there becastration, that is,mutilation of organsnecessary
forgeneration, such aspenis or ovarium; and
b. That the mutilation iscaused purposely anddeliberately, that is,
todeprive the offendedparty of someessential organ forreproduction.
By intentionallymaking othermutilation, that is, bylopping or clipping
offany part of the bodyof the offended party,other than theessential
organ forreproduction, todeprive him of thatpart of the body
How committed:
1.
2.
3.
4.

By wounding;
By beating;
By assaulting; or
By administering injurious substance.

Serious physical injuries when:

1. When the injured personbecomes insane, imbecile,impotent or
blind inconsequence of thephysical injuries inflicted;
2. When the injured person
a. Loses the use of speechor the power to hear or tosmell, or
loses an eye, ahand, a foot, an arm, or aleg;
b. Loses the use of any suchmember; or
c. Becomes incapacitatedfor the work in which hewas
therefore habituallyengaged, in consequenceof the physical
injuriesinflicted.
3. When the person injured
a. Becomes deformed, or
b. Loses any other memberof his body, or
c. Loses the use thereof, or
d. Becomes ill orincapacitated for theperformance of the
workin which he was habituallyengaged for more than
90days, in consequence ofthe physical injuriesinflicted.
4. When the injured personbecomes ill orincapacitated for labor
formore than 30 days (butmust not be more than 90days), as a
result of thephysical injuries inflicted.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definiteabnormality; and
3. Must be conspicuous andvisible.

264

Administering Injurious Substance or

Beverages

265

Less Serious Physical Injuries

Qualifying Circumstances:
1. Offense committed againstpersons enumerated in thecrime of
parricide.
2. With the attendance ofcircumstance which qualifythe crime to
murder.
1. That the offender inflictedupon another any seriousphysical
injury;
2. That it was done byknowingly administering tohim any
injurious substancesor beverages or by takingadvantage of his
weaknessof mind or credulity; and
3. That he had no intent to kill.
1. The offended party isincapacitated for labor for 10days or
more but not morethan 30 days, or needsattendance for the
sameperiod;
2. The physical injuries mustnot be those described in

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Criminal Law Elements of Crimes Against Persons and Against Property
thepreceding articles.
Qualified Less SeriousPhysical Injuries:
1. A fine not exceeding P500,in addition to arresto mayor,shall be
imposed for lessserious physical injurieswhen:
a. There is manifest intentto insult or offend theinjured
person; or
b. There are circumstancesadding ignominy to theoffense.
2. A higher penalty is imposedwhen the victim is either:
a. The offenders parent,ascendant, guardian,curator or
teacher; or
b. Persons of rank orpersons in authority,provided the crime
is notdirect assault.

266

Slight Physical Injuries and Maltreatment

ANTI-HAZING LAW (R.A.No. 8049)

The law includes 2subdivisions, to wit:

1. The inability for work; and
2. The necessity for medical attendance
1. Physical injuries whichincapacitated the offendedparty from
one to ninedays, or required medicalattendance during
thesame period;
2. Physical injuries which didnot prevent the offendedparty from
engaging in hishabitual work or which didnot require
medicalattendance; and
3. Ill-treatment of another bydeed without causing anyinjury.
Hazing is an initiation riteor practice as a prerequisitefor admission
intomembership in a fraternity,sorority or organization byplacing the
recruit, neophyteor applicant in someembarrassing or
humiliatingsituations such as forcinghim to do menial, silly,foolish, and
similar activitiesor otherwise subjecting himto physical or
psychologicalsuffering or injury.
Acts punishable: All actsso long as it causedphysical injuries at the
veryleast.
Persons liable:
1. Officers and members of thefraternity, sorority or organization
whoactually participated in the infliction ofphysical harm shall
be liable asprincipals if the person subjected tohazing suffers
any physical injury ordies as a result thereof.
2. Owner of the place where the hazingisconducted shall be
liable as anaccomplice when he has actualknowledge of the
hazing conductedtherein but failed to take any action
toprevent the same from occurring.
3. Parents shall be liable as principals
when they have actual knowledge of thehazingconducted in
the home of one ofthe officers or members of the
fraternity,sorority or organization, but failed toprevent the
same.
4. School authorities and facultymembers shall be liable as
accomplices- when they consent to the hazing orhave actual
knowledge thereof, butfailed to take any action to revent
thesame from occurring.
5. Officers, former officers or alumni ofthe organization, group,
fraternity orsorority shall be liable as principals ifthey actually
planned the hazing,although not present when the
actsconstituting the hazing were committed.
6. Officers or members of theorganization, group,fraternity or
sororityshall be liable as principals - if theyknowingly

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Criminal Law Elements of Crimes Against Persons and Against Property
cooperated in carrying outthe hazing byinducing the victim to
bepresent thereat.
7. The fraternity or sororitys advisershall be liable as principal - if
he waspresent when the acts constituting thehazing were
committed and failed totake any action to prevent the same.

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Chapter 3: Rape
Article
Under Anti-Rape Law

Crime

Elements

Classification of Rape
1. Traditional Rape under Art. 335- carnal knowledge with a woman against her will; in this case, the offender is always a
man and the offended party is always a woman.
2. Sexual Assault under R.A. 8353- this is committed when the offender inserts his penis to another persons mouth or
anal orifice or by inserting an instrument or object into the genital or anal orifice of another person. The offender and
the offender can either be a man or a woman in the case of the insertion of any instrument or object.
266-A Rape
Classification of Rape:
1. By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or otherwise
unconscious;
c. By means of fraudulent machinations or grave abuse of
authority;
d. When the offended party is under twelve (12) years of age or
is demented, even though none of the circumstances
mentioned above be present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a woman;
c. That such act is accomplished under any of the following
circumstances:
i.
By using force or intimidation, or
ii.
When the woman is deprived of reason or otherwise
unconscious, or
iii.
By means of fraudulent machination or grave abuse of
authority, or
iv.
iv. When the woman is under 12 years of age or
demented.

266-B

Qualified Rape

2. By any person who, under any of the circumstances

mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another persons
mouth or anal orifice of another person, or any instrument or
object, into the genital or anal orifice of another person.
Rape under both acts of committing it is qualified by the following:
Note: Rape is punishable by death if it falls under any of 4-14
circumstances.
1. When rape is committed with the use of a deadly weapon or
by two or more persons;
2. When by reason or occasion of rape, the victim has become
insane;
3. When the rape is attempted and a homicide is committed by
reason of or on the occasion of rape (special complex crime);
When rape is punishable by DEATH:
4. When by reason of or on occasion of rape, homicide is
committed (special complex crime);
5. When the victim is under 18 years of age and the offender is a
parent, ascendant, stepparent, guardian, relative by
consanguinity or affinity within the third civil degree, or the
common law spouse of the parent of the victim;
6. When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;

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Criminal Law Elements of Crimes Against Persons and Against Property

266-C

Effect of Pardon

7. When the rape is committed in full view of the spouse, parent,

or any of the children or other relatives within the third civil
degree of consanguinity;
8. When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;
9. When the victim is a child below 7 years old;
10. When the offender knows that he is afflicted with HIV/AIDS or
any other sexually transmissible disease and the virus or
disease is transmitted to the victim;
11. When committed by any member of the AFP or paramilitary
units thereof of the PNP or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime;
12. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
13. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime;
14. When the offender knew of the mental disability, emotional
disorder and/or physical disability of the offended party at the
time of the commission of the crime.
1. The subsequent valid marriage between the offender and the
offended party shall extinguish:
a. The criminal action or
b. The penalty already imposed.
2. The subsequent forgiveness of the wife to the legal husband
shall extinguish the criminal action or the penalty, PROVIDED
that the crime shall not be extinguished or the penalty shall not
be abated if the marriage is void ab initio.

266-D

Presumptions

(This is an exception to the rule that forgiveness by the offended party

shall not extinguish the penal action in crimes against person)
Evidence which may be accepted in the prosecution of rape:
1. Any physical overt act manifesting resistance against the act
of rape in any degree from the offended party; or
2. Where the offended party is so situated as to render him/her
incapable of giving his/her consent

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Title X: Crimes against Property
Section 1: Robbery with violence against or intimidation of persons
Article
Crime
Elements
293
Robbery is the taking of personal property Classification of Robbery:
belonging to another, with intent to gain,
1. Robbery with violence against, or intimidation of persons (Arts.
by means of violence against, or
294, 297 and 298)
intimidation of any person, or using force
2. Robbery by use of force upon things (Arts. 299 and 302)
upon anything.
Elements of Robbery in general:
1. That there be personal property (bienes muebles) belonging to
another;
2. That there is unlawful taking (apoderamiento or asportacion) of
that property;
3. That the taking must be with intent to gain (animus lucrandi);
4. That there is violence against or intimidation of any person or
force used upon things.
294
Robbery with violence against or
Acts Punished under this Article:
intimidation of persons
1. (a) When by reason or on occasion of the robbery, the crime of
homicide is committed;
(b) or when the robbery is accompanied by rape or intentional
2. When by reason or on occasion of such robbery any of the
physical injuries resulting in insanity, imbecility, impotency or
blindness is inflicted. (subdivision 1 of Art. 263)
3. When by reason or on occasion of robbery, any of the physical
injuries penalized in subdivision 2 of Art. 263 is inflicted. When
the person injured
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
therefore habitually engaged, in consequence of the
physical injuries inflicted;
4. (a) If the violence or intimidation employed in the commission
of the robbery is carried to a degree clearly unnecessary for
the commission of the crime;
OR
(b) When in the course of its execution, the offender shall have
inflicted upon ANY PERSON NOT RESPONSIBLE FOR ITS
COMMISSION physical injuries covered by subdivisions 3 and
4 of Art. 263.
When the person injured
a.
b.
c.
d.

295

Robbery with Physical Injuries, Committed

in an Inhabited Place by a Band or with
the Use of Firearm on Street, Road or
Alley

Becomes deformed, or
Loses any other member of his body, or
Loses the use thereof, or
Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted.

5. If the violence employed by the offender does not cause any of

the serious physical injuries defined in Art. 263, or if the
offender employs intimidation only. (simple robbery)
Qualified Robbery with Violence Against or Intimidation of
Persons: Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car, motor vehicle, or

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Criminal Law Elements of Crimes Against Persons and Against Property

296

Definition of a Band and Penalty incurred

by the

297

Attempted and Frustrated Robbery

Committed under Certain Circumstances

298

Execution of Deeds by means of Violence

or Intimidation

airship; or
4. By entering the passengers compartments in a train, or in any
manner taking the passengers by surprise in their respective
conveyances or
5. On a street, road, highway, or alley, and the intimidation is
made with use of firearms, the offender shall be punished by
the maximum period or the proper penalties prescribed in 294.
1. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a band.
2. When any of the arms used in the commission of robbery is
not licensed, the penalty upon all malefactors shall be the
maximum of the corresponding penalty provided by law
without prejudice to the criminal liability for illegal possession
of firearms.
3. Any member by a band who was present at the commission of
a robbery by the band, shall be punished as principal of any
assaults committed by the band, unless it be shown that he
attempted to prevent the same.
Requisites for liability for the acts of other members of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that band;
3. The other members of that bandcommitted an assault;
4. He did not attempt to prevent the assault.
Special Complex Crime:
When by reason or on occasion of an attempted or frustrated robbery, a
homicide is committed. The penalty is the same whether the robbery is
attempted or frustrated.
Elements:
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.

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Criminal Law Elements of Crimes Against Persons and Against Property
Section 2: Robbery with the Use of Force Upon Things
Article
Crime
Elements
299
Robbery in an Inhabited House/Public
Subdivision A
Building or Edifice devoted to worship
1. The offender entered:
a. an inhabited house,
b. a public building or
c. an edifice devoted to religious worship
2. 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, floor, 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
Subdivision B
1. Offender is inside a dwelling house, public building or edifice
devoted to religious worship, regardless of the circumstances
under which he entered it.
2. The offender takes personal property belonging to another
with intent to gain under any of the following circumstances:
a. by the breaking of internal doors, wardrobes, chests, or
any other kind of sealed furniture or receptacle
b. by taking such furniture or objects away to be broken
open outside the place of the robbery
300
Robbery in an Inhabited Place and by a
Under this Article, Robbery with Force Upon Things is qualified when
Band
committed in an uninhabited place AND by a band, as distinguished
from Qualified Robbery with Violence or Intimidation of Persons (Art.
295) which is committed in an uninhabited place OR by a band.
301
What is an Inhabited House, Public
Dependencies of an inhabited house, public building or building
Building, or Building Dedicated to
dedicated to religious worship all interior courts, corrals, warehouses,
Religious Worship and their Dependencies granaries or enclosed places:
1. Contiguous to the building or edifice,
2. Having an interior entrance connected therewith, and
3. Which form part of the whole.
302
Robbery in an Inhabited Place or a
1. That the offender entered an uninhabited place or a building
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. The 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.
303
Robbery of Cereals, Fruits, or Firewood in Penalty is 1 degree lower when cereals, fruits, or firewood are taken in
an Inhabited Place or Private Building
robbery with force upon things.
304
Possession of Picklocks or Similar Tools
1. That the offender has in his possession picklocks or similar
tools;
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.
305
False Keys
Inclusions:
1. Tools not mentioned in the next preceding article
2. Genuine keys stolen from the owner

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Criminal Law Elements of Crimes Against Persons and Against Property
3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender.

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Chapter 2: Brigandage
Article
306
Brigandage

Crime

Elements
1. There be at least four armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to obtain
ransom; or
c. To attain by means of force or violence any other purpose
Presumption of law as to brigandage:
All are presumed to be highway robbers or brigands, if any of them
carry unlicensed firearm.

307

Aiding or Abetting a Band of Brigands

The only things to prove are:

1. That there is an organization of more than three armed
persons forming a band of robbers;
2. That the purpose of the band is any of those enumerated in
Art. 306;
3. That they went upon the highway or roamed upon the country
for that purpose;
4. That the accused is a member of such band.
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. That he aids, abets, or protects such band of brigands;
b. That he gives them information on the movements of the
police or other peace officers of the government; or
c. That he acquires or receives property taken by such
Brigands.

Jag Iesu Iigo G. Murillo

Criminal Law Elements of Crimes Against Persons and Against Property
Chapter 3: Theft
Article
308
Theft

309

Penalties

310

Qualified Theft

Crime
1.
2.
3.
4.
5.

Elements
That there be taking of personal property;
That said property belongs to another;
That the taking be done with intent to gain;
That the taking be done without the consent of the owner;
That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver
the same to the local authorities or to its owner
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the fruits or
object of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field
where trespass is forbidden or which belongs to another and
without the consent of its owner; shall hunt or fish upon the
same or shall gather fruits, cereals, or other forest or farm
products.
The basis of penalty in Theft is:
1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit to
commit the crime
There is qualified theft in the following instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is:
(a) motor vehicle
(b) mail matter or
(c) large cattle
4. If the property stolen consists of coconuts taken from the
premises of plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owners consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things;
6. That it be done through the above circumstances
ANTI CARNAPPING ACT of 1972 (R.A. 6539)
Carnapping - taking, with intent to gain, of motor vehicle belonging to
another without the latters consent, or by means of violence against or
intimidation of persons, or by using force upon things.
If the OWNER, DRIVER OR OCCUPANT of a carnapped vehicle is
killed or raped in the course of the commission of the carnapping or on
the occasion thereof, the penalty of reclusion perpetua to death shall
be imposed.
Qualified Theft only:
If material or physical possession was given to the offender

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Criminal Law Elements of Crimes Against Persons and Against Property
Estafa only:
If material plus juridical possession were given to the offender

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Criminal Law Elements of Crimes Against Persons and Against Property
Chapter 4: Usurpation
Article
Crime
312
Occupation of Real Property or Usurpation
of Real Rights in Property

1.
2.
3.

4.

313

Altering Boundaries of Landmark

314

Fraudulent Insolvency

315

Swindling/Estafa

315,1-A

Estafa with Unfaithfulness or Abuse of

Confidence

315,1-B

Estafa with Abuse of Confidence

315,1-C Estafa by taking Undue Advantage of the

signature in blank

Elements
That the offender takes possession of any real property or
usurps any real rights in property;
That the real property or real rights belong to another;
That violence against or intimidation of persons is used by the
offender in occupying real property or usurping real property or
usurping real right in property;
That there is intent to gain.

Acts punishable under Article 312:

1. By taking possession of any real property belonging to another
by means of violence against or intimidation of persons.
2. By usurping any real rights in property belonging to another by
means of violence against or intimidation of persons.
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.
1. That the offender is a debtor, that is, he has obligations due
and demandable;
2. That he absconds with his property;
3. That there be prejudice to his creditors.
Elements in general:
1. That the accused defrauded another by abuse of confidence,
or by means of deceit;
2. That the damage or prejudice capable of pecuniary
estimation0020is caused to the offended party or third
persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money or property as a
result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
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 capable of pecuniary estimation is
caused to the offended party or third persons.
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 offender, or denial on his part of such
receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another;
4. That there is demand made by the offender party to the
offender.
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 document so written creates a liability of, or causes
damage to the offended party or any third person.

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Criminal Law Elements of Crimes Against Persons and Against Property
Chapter 5: Cuplpable Insolvency
Article
Crime
314
Fraudulent Insolvency

Chapter 6: Swindling and Other Deceits

Article
Crime
315
Swindling/Estafa

315-1.A

Estafa with Unfaithfulness

315-1.B

Estafa with Abuse of Confidence

315-1.C

Estafa by taking undue advantage of the

signature in blank

315-2

315-2.A

315-2.B

Estafa by means of deceit

Elements
1. That the offender is a debtor, that is, he has obligations due
and demandable;
2. That he absconds with his property;
3. That there be prejudice to his creditors.
Elements
Elements in general:
1. That the accused defrauded another by abuse of confidence,
or by means of deceit;
2. That the damage or prejudice capable of pecuniary estimation
is caused to the offended party or third persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money or property as a
result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
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 capable of pecuniary estimation is
caused to the offended party or third persons.
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 offender, or denial on his part of such
receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another;
4. That there is demand made by the offender party to the
offender.
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 document so written creates a liability of, or causes
damage to the offended party or any third person.
1. That there must be false pretense, fraudulent act or fraudulent
means;
2. That such false pretense, act or fraudulent means must be
made or executed prior to or simultaneously with the
commission of 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
fraudulent means;
4. That as a result thereof, the offended party suffered damage.
Ways of Commission:
1. By using a fictitious name.
2. By falsely pretending to possess (a) power, (b) influence, (c)
qualifications, (d) property, (e) credit, (f) agency, (g) business
or imaginary transactions.
3. By means of other similar deceits.
By altering, the quality, fineness or weight of anything pertaining to his

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Criminal Law Elements of Crimes Against Persons and Against Property
315-2.C
315-2.D

Bouncing Checks Law

Business
By pretending to have bribed any Government
Employee
1. That the offender postdated a check, OR issued a check in
payment of an obligation
2. That such postdating or issuing a check was done when the
offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of the check
A. Making or Drawing and issuing a check knowing at the time of
issue that he does not have sufficient funds.
Elements:
1. That a person makes or draws and issues any check to apply
on account or for value.
2. That the person knows that at the time of issue he does not
have sufficient funds or credit with the drawee bank for the
payment of such check upon its presentment
3. That the 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.

315-2.E

315-3.A

Estafa by inducing another to sign a

document

315-3.B

Estafa by resorting to some fraudulent

practice to insure success in gambling
Estafa by removing, concealing or
destroying documents

315-3.C

316

Other forms of Swindling

Requisites for Criminal Liability under BP 22:

1. A person makes, draws or issues a check as payment for
account or for value.
2. That the check was dishonored by the bank due to a lack of
funds, insufficiency of funds or account already closed.
3. The payee or holder of such check gives a written notice of
dishonor and demand for payment.
4. That the maker, drawer or issuer, after receiving such notice
and demand, refuses or fails to pay the value of the check
within FIVE BANKING DAYS.
1. By obtaining food, refreshment or accommodation at hotel,
inn, restaurant, boarding house, lodging house or apartment
house without paying thereof, with intent to defraud the
proprietor or manager thereof
2. By obtaining credit at any of the said establishments by the
use of any false pretense
3. By abandoning or surreptitiously removing any part of his
baggage from any of the said establishment after obtaining
credit, food, refreshment or accommodation therein, without
paying therefore.
1. That the offender induced the offended party to sign a
document;
2. That deceit be employed to make him sign the document;
3. That the offended party personally signed the document;
4. That prejudice be caused.
1. That there be court record, office files, documents or any other
papers;
2. That the offender removed, concealed or destroyed any of
them;
3. That the offender had intent to defraud another.
Persons Liable:
1. Any person who, pretending to be the owner of any real
property, shall convey, sell, encumber or mortgage the same.
a. That the thing be immovable, such as a parcel of land or a
building; (property must actually exist)

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Criminal Law Elements of Crimes Against Persons and Against Property
b. That the offender who is not the owner of said property should
represent that he is the owner thereof
c. That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real
property);
d. That the act be made to the prejudice of the owner or a third
person
2. Any person who, knowing that real property is encumbered,
shall dispose of the same, although such encumbrance be not
recorded.
a. That the thing disposed of be real property.
b. That the offender knew that the real property was
encumbered, whether the encumbrance is recorded or not.
(principle of constructive notice does not apply)
c. That there must be express representation by the offender that
the real property is free from encumbrance.
d. That the act of disposing of the real property be made to the
damage of another.
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
a. That the offender is the owner of personal property;
b. That said personal property is in the lawful possession of
another;
c. That the offender wrongfully takes it from its lawful
possessor; (if from unlawful possessor, Article 429 of the
Civil Code applies)
d. That prejudice is thereby caused to the possessor or third
person.
4. Any person who, to the prejudice of another, shall execute any
fictitious contract.
5. Any person who shall accept any compensation for services
not rendered or for labor not performed.
6. Any person who shall sell, mortgage or encumber real
property with which the offender guaranteed the fulfillment of
his obligation as surety.
a. That the offender is a surety in a bond given in a criminal or
civil action;
b. That he guaranteed the fulfillment of such obligation with his
real property or properties;
c. That he sells, mortgages, or, in any manner encumbers said
real property;
d. That such sale, mortgage or encumbrance is
(1) without express authority from the court, or
(2) made before the cancellation of his bond, or
(3) before being relieved from the obligation contracted by him.
7. Swindling a Minor
a. That the offender takes a advantage of the inexperience
or emotions or feelings of a minor
b. That he induces such minor to assume an obligation, or to
give release, or to execute a transfer of any property right;
c. That the consideration is some loan of money, credit, or
other personal property; (if real property, Article 318
applies; minor cannot convey real property without judicial
authority)
d. That the transaction is to the detriment of such minor
8. Removal, Sale or Pledge of Mortgages of Mortgaged property
Acts punishable:

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Criminal Law Elements of Crimes Against Persons and Against Property
A. Removal of Mortgaged Property
By knowingly removing any personal property mortgaged
under the Chattel Mortgage
Law to any province or city other than the one in which it is
located at the time of execution of the mortgage, without the
written consent of the mortgagee or his executors,
administrators or assigns.
Elements:
1. That personal property is mortgaged under 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 execution of the mortgage;
4. That the removal is permanent;
5. That there is no written consent of mortgagee, executors,
administrators or assigns to such removal.
B. Sale or Pledge of Mortgaged Property
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.
Elements:
1. Personal property is pledged under Chattel Mortgage
Law;
2. Offender, who is the mortgagor, sells or pledges the same
property or any part thereof;
3. No consent of mortgagee written on the back of the
mortgage and noted on the record thereof in the Office of
the Register of Deeds.

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Criminal Law Elements of Crimes Against Persons and Against Property
Chapter Eight: Arson and Other Crimes Involving
Article
Crime
Art. 320- Arson when any person burns or sets
326-B fire to the property of another, or his own
property under circumstance which
All
expose to danger the life or property of
repeale another. (Sec. 1, PD 1613)
d by PD
1613
Art 320 Destructive Arson

Elements
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No. 7659
3. Other cases of arson (Sec. 3, PD No. 1613)

Burning of:
1. One (1) or more buildings or edifices, consequent to one
single act of burning, or as a result of simultaneous burnings,
committed on several or different occasions.
2. 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 conveyances 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. 3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of
public utilities.
5. 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.
There is also Destructive Arson:
1. When the arson is committed by 2 or more persons,
regardless of whether their purpose is merely to burn or
destroy the building or the burning merely constitutes an overt
act in the commission of another violation of the law
2. When any person shall burn:

Sec. 3,
PD
1613

Other cases of Arson

a. Any arsenal, shipyard, storehouse or military powder or

fireworks factory, ordnance, storehouse, archives or
general museum of the Government.
b. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.
Burning of:
1. Any building used as offices of the Government or any of its
agencies.
2. Any inhabited house or dwelling.
3. Any industrial establishment, shipyard, oil, well or mine shaft,
platform or tunnel.
4. Any plantation, farm, pasture land, growing crop or grain field,
orchard, bamboo grove or forest.
5. Any rice mill, sugar mill, cane mill, or mill central.
6. Any railway or bus station, airport, wharf, or warehouse.

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Criminal Law Elements of Crimes Against Persons and Against Property
Special Aggravating Circumstance on Arson (Sec. 4, PD 1613):
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender be motivated by spite or hatred towards the
owner or occupant of the property burned.
4. If committed by a syndicate - planned or carried out by three
or more persons
Prima facie evidence of Arson (Sec. 6, PD 1613):
1. If the fire started simultaneously in more than one part of the
building or establishment.
2. If substantial amount of flammable substances or materials
are stored within the building not of the offender nor for the
household.
3. If gasoline, kerosene, petroleum or other flammable or
combustible ubstances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
4. If the building or property is insured for substantially more
than its actual value at the time of the issuance of the policy.
5. If during the lifetime of the corresponding fire insurance more
than two fires have occurred in the same or other premises
owned or under the control of the offender and /or insured.
6. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course of
business.
7. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim.
Attempted, frustrated or consummated arson:
1. A person, intending to burn a wooden structure, collects some
rags, soaks them in gasoline and places them beside the
wooden wall of the building. When he is about to light a match
to set fire to the rags, he is discovered by another who chases
him away.
2. Any charring of the wood of a building, whereby the fiber of
the wood is destroyed, is sufficient. It is necessary that the
wood should be ablazed.
3. Setting fire to the contents of a building constitutes the
consummated crime of setting fire of a building, even if no part
of the building was burned.

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Criminal Law Elements of Crimes Against Persons and Against Property
Chapter Nine: Malicious Mischief
Article
Crime
Art 327 Malicious Mischief

Art 328

Special Cases of Malicious Mischief

(When Qualified)

Art 329

Other Mischiefs

Art 330

Damage and Obstruction to Means of

Communication

Art 331

Destroying or Damaging Statues, Public

Monuments, or Paintings

Art 332

Persons Exempt from Criminal Liability

Elements
1. That the offender deliberately caused damage to the property
of another;
2. That such act does not constitute arson or other crimes
involving destruction;
3. That the act of damaging anothers property be committed
merely for the sake of damaging it.
1. Causing damage to obstruct the performance of public
functions;
2. Using poisonous or corrosive substances;
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.
Mischiefs not included in the next preceding article and are punished
according to the value of damage caused.
Person liable: Any person who shall damage any railway, telegraph or
telephone lines.
Qualifying circumstance: Damage shall result in the derailment of cars,
collision or other accident
Persons liable:
1. Any person who shall destroy or damage statues or any other
useful or ornamental public monuments.
2. Any person who shall destroy or damage any useful or
ornamental painting of a public nature.
Crimes involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, or relatives by affinity
on the same line.
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall have
passed to the possession of another.
3. Brothers and sisters and brothers in law and sisters in law, if
living together.
4. Stepfather, adopted father, natural children, concubine,
paramour included as ascendants by affinity.