CRIMINAL LAW WARREN PASAOA ONLY

DESTRUCTIVE ARSON

1. BURNING OF ONE OR MORE BUILDING OR EDIFICES, CONSEQUENT TO ONE SINGLE ACT OF BURNING OR AS A RESULT OF SIMULTANEOUS BURNING, COMMITTED ON SEVERAL OR DIFFERENT OCCASIONS.

ESTAFA THROUGH THE FOLLOWING FRAUDULENT MEANS

1. BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS 2. BY RESORTING TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS IN A GAMBLING GAME 3. BY REMOVING, CONCEALING OR DESTROYING IN WHOLE OR IN PART ANY CORT RECORD OR OFFICE FILES, DOCUMENTS OR ANY OTHER PAPERS.

OTHER FORMS OF SWINDLING

1. BY PRETENDING TO BE OWNER OF ANY REAL PROPERTY SHALL CONVEY, SELL, ENCUMBER OR MORTGAGE THE SAME; 2. KNOWING THAT REAL PROPERTY IS ENCUMBERED SHALL DISPOSE OF THE SAME, ALTHOUGH SUCH ENCUMBRANCE IS NOT RECORDED. 3. OWNER OF ANY PERSONAL PROPERTY WHO SHALL WRONGFULLY TAKE IT FROM ITS LAWFUL POSSESSOR TO THE PREJUDICE OF THE LATTER OR ANY THIRD PERSON

WAYS OF COMMITTING ESTAFA BY MEANS OF DECEIT

1. BY USING FICTITUOUS NAME OR FALSELY PRETENDING TO POSSESS POWER INFLUENCE, QUALIFICATION, PROPERTY, CREDIT, AGENCY, BUSINESS OR IMAGINARY TRANSACTION OR BY MEANS OTHER SIMILAR DECEIT. LIKE ILLEGAL RECRUITMENT AND ESTAFA DIFFERENT OFFENSE AND SEPARATE CRIME AS ESTAFA IS MALUM IN SE INTENT NEEDS TO PROVE WHILE IN ILLEGAL RECRUITMENT IS MALUM PROHIBITUM NO NEED TO PROVE.

DIFFERENTIATE HIGHWAY ROBBERY AND ORDINARY ROBBERY?

1. HIGHWAY COMMITTED INDISCRIMINATELY AGAINST ANY PERSON ON THE PHILIPPINES IN ROBBERY AGAINST ONLY PREDETERMINED OR PARTICULAR VICTIM 2. HIGHWAY THE OFFENDER IS BRIGAND OR ONE WHO ROAMS IN PUBLIC HIGHWAY IN PHILIPPINES HIGHWAYS AS VENUE WHILE ROBBERY COMMISSION IN HIGHWAY IS ONLY INCIDENTAL AND NOT BRIGAND 3. HIGHWAY FREQUENCY IN HIGHWAY WHILE ROBBERY ONLY OCCASSIONAL AGAINST PREDETERMINED PERSONS BRIGAND INDISCRIMINATE WHILE ROBBERY PARTICULAR ROBBERY IF BAND 4 OR MORE IS ROBBERY IN BAND

ESTAFA WITH ABUSE OF CONFIDENCE

1. MONEY, GOOD OR OTHER PERSONAL PROPERTY IS 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. OFFENDER MISAPPROPRIATES OR CONVERTS SUCH MONEY OR PROPERTY OR DENIES RECEIPT OF THE SAME; 3. SUCH MISAPPROPRIATION, CONVERSION OR DENIAL IS TO THE PREJUDICE OF ANOTHER. 4. THERE IS DEMAND MADE BY THE OFFENDED PARTY TO THE OFFENDER

ELEMENTS BRIGANDAGE

1. MORE THAN THREE 3 ARMED PERSONS 2. FORMED A BAND OF ROBBERS 3. SUCH A BAND WAS FORMED FOR THE PURPOSE OF STEALING PROPERTY BY MEANS OF FORCE AND VIOLENCE 4. THEY WENT OUT UPON THE HIGHWAY OR ROAMED OVER THE COUNTRY ARMED WITH DEADLY WEAPONS FOR THIS PURPOSE; 5. THE ACCUSED ENGAGED IN THE ORGANIZATION OF THE BAND AND JOINED IT AFTER IT WAS ORGANIZED.

ESTAFA WITH UNFAITHFULNESS

1. OFFENDER ONEROUS OBLIGATION TO DELIVER SOMETHING OF VALUE. 2. HE ALTERS ITS SUBSTANCE, QUALITY OR QUANTITY 3. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION CAUSED TO OFFENDED PARTY

ESTAFA BY TAKING ADVANTAGE OF THE SIGNATURE IN BLANK

1. PAPER PARTY'S SIGNATURE IS IN BLANK 2. OFFENDED TO THE SAME TO THE OFFENDER 3. OFFENDER WROTE A DOCUMENT WITHOUT AUTHORITY 4. THAT IT CREATES LIABILITY OR CAUSES DAMAGE TO THE OFFENDED PARTY OR THIRD PERSONS

WHAT ELEMENTS OF ROBBERY WITH HOMICIDE

1. TAKING IS WITH USE OF VIOLENCE AGAINST OR INTIMIDATION OF PERSONS. 2. IT BELONGS TO ANOTHER; 3. WITH INTENT TO GAIN 4. ON ROBBERY, HOMICIDE IS COMMITTED

ELEMENTS OF ESTAFA

1. THE ACCUSED DEFRAUDED ANOTHER BY ABUSE OF CONFIDENCE OR BY MEANS OF DECEIT 2. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION IS CAUSED TO THE OFFENDED PARTY OR THIRD PERSON.

ESTAFA BY DECEIT

1. THERE MUST BE FALSE PRETENSE, FRAUDULENT ACT OR FRAUDULENT MEANS 2. THAT IS WAS USED OR MADE PRIOR TO OR SIMULTANEOUS WITH THE COMMISSION OF THE FRAUD. 3. OFFENDED RELIED ON SUCH MEANS AND WAS INDUCED TO PART WITH HIS MONEY OR PROPERTY WITH THE SAME. 4. AND OFFENDED SUFFERED DAMAGES.

WHAT ARE THE ELEMENTS OF THEFT

1. UNLAWFUL TAKING OF PERSONAL PROPERTY 2. BELONG TO ANOTHER 3. WITH INTENT TO GAIN 4. WITHOUT THE CONSENT OF THE OWNER 5. TAKING WITHOUT VIOLENCE OR INTIMIDATION OF PERSON OR FORCE UPON THINGS.

KINDS OF ROBBERY

1. WITH VIOLENCE OR INTIMIDATION. 2. WITH FORCE UPON THINGS. AND IF THE BAG STEAL FROM BEHIND WITHOUT VIOLENCE OR INTIMIDATION THAT IS THEFT.

WAYS OF COMMITTING ESTAFA BY MEANS OF DECEIT

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 ISSUING NO FUNDS POSTDATED CHECKS OR BY ISSUING A CHECK IN PAYMENT OF AN OBLIGATION WHEN THE OFFENDER HAD NO FUNDS IN THE BANK OR INSUFFICIENT . FAILURE TO DEPOCIT WITHIN 3 DAYS FROM RECEIPT OF NOTICE OF DISHONOR SHALL PRIMA FACIE OF DECEIT.

PROOF IN HIGHWAY ROBBERY

ACCUSED WERE ORGANIZED FOR PURPOSES OF COMMITTING ROBBERY INDISCRIMINATELY.

OTHER FORM OF THEFT

AFTER MALICIOUSLY DAMAGED THE PROPERTY OF ANOTHER SHALL REMOVE OR MAKE USE OF THE FRUITS OR OBJECTS OF THE DAMAGE CAUSED BY THEM. THEFT ABSORBS THE CRIME OF MALICIOUS MISCHIEF.

OTHER FORMS OF SWINDLING

ANY PERSONS WHO TO THE PREJUDICE OF ANOTHER SHALL EXECUTE ANY FICTITIOUS CONTRACT.

WHY INTENT TO DEFRAUD IS NOT NECESSARY INGREDIENTS ESTAFA EMBEZZLEMENT?

BECAUSE IT IS BREACH OF CONFIDENCE OR INFIDELITY IN THE CONVERSION OR DIVERSION OF TRUST FUNDS THAT TAKE PLACE OF THE USUAL ELEMENT IN OTHER FORM OF ESTAFA OR DECEIT.

WAYS OF COMMITTING ESTAFA BY MEANS OF DECEIT

BY OBTAINING ANY FOOD, REFRESMENT, OR ACCOMMODATION AT A HOTEL, INN, RESTAURANT, BOARDING HOUSE, LODGING HOUSE, APARTMENT HOUSE WITHOUT PAYING WITH INTENT TO DEFRAUD THE PROPRIETOR OR MANAGER OR BY OBTAINING CREDIT, BY ABANDONING WITHOUT PAYING

SYNDICATED ESTAFA

COMMITTED BY 5 OR ORE PERSONS

ARSONS

COMMITTED BY ANY PERSONS WHO BURNS OR SETS FIRE TO THE PROPERTY OF ANOTHER. IT ALSO APPLIES WHEN A PERSON SETS FIRE TO HIS OWN PROPERTY UNDER THE CIRCUMSTANCES WHICH EXPOSE TO DANGER THE LIFE OR PROPERTY OF ANOTHER.

HIGHWAY ROBBERY BRIGANDAGE

COMMITTED IN THE PHILIPPINES HIGHWAY BY SEIZURE PROPERTY FOR RANSOM OR OTHER UNLAWFUL PURPOSES OR THE TAKING IS BY MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF PERSON OR FORCE UPON THINGS OF ANOTHER UNLAWFUL.

WHAT IS ROBBERY

COMMITTED WITH INTENT TO GAIN, TAKE PERSONAL PROPERTY FROM ANOTHER BY MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON OR BY FORCE UPON THINGS.

ESTAFA THROUGH FALSIFICATION OF PRIVATE DOCUMENTS

CRIME COMMITTED WOULD BE FALSIFICATION OR SWINDLING ONLY NOT BOTH TWO CRIMES CANNOT GO TOGETHER.

OTHER FORMS OF SWINDLING

ESTAFA UNDER 315 AND 316 THE OFFENDER RECEIVES THE THING BUT THERE IS NO CASE OF ESTAFA WHEREIN THE OFFENDER TAKES THE THING. UNDER 316 ESTAFA IS COMMITTED IF THE OFFENDER WHO TAKES THE THING IS THE OWNER OF THE THING AND THEN MISAPPROPRIATES IT.

ELEMENTS BRIGANDAGE PRESUMPTION

IF UNLICENSED FIREARMS ARE USED PRESUMED THAT SAID PERSONS ARE HIGHWAY ROBBERS OR BRIGANDS AND IN CASE OF CONVICTION IS IN MAXIMUM PERIODS.

WHAT IS HOMICIDE IN ROBBERY

INCLUDES MURDER AND ABSORBS SERIOUS PHYSICAL INJURIES EVEN BEFORE OR AFTER THE TAKING OF THE PROPERTY. IT IS A SINGLE INDIVISIBLE OFFENSE. EVEN IF TWO OR MORE PERSON ARE KILLED AND PHYSICAL INJURIES ARE INFLICTED ON ANOTHER THERE IS ONLY ONE SPECIAL COMPLEX CRIME ROBBERY WITH HOMICIDE

ESTAFA THROUGH FALSIFICATION OF COMMERCIAL DOCUMENTS VS PRIVATE DOCUMENTS

IS A COMPLEX CRIME WHEN ACCUSED TRY TO DEFRAUD THE GOVERNMENT WITH THE USE OF FALSE COMMERCIAL AND PUBLIC DOCUMENTS. DAMAGE IS NOT AN ELEMENT.

WHAT IS ROBBERY WITH HOMICIDE

IS A SPECIAL COMPLEX CRIME AGAINST PROPERTY WHICH HOMICIDE IS JUST INCIDENTAL TO THE ROBBERY AS IT THE MAIN PURPOSE OF THE CRIMINAL.

WHAT IS QUALIFIED THEFT

IS COMMITTED BY DOMESTIC SERVANT WITH GRAVE ABUSE OF CONFIDENCE OR IF THE PROPERTY STOLEN IS MOTOR VEHICLE, MAIL MATTER OR LARGE CATTLE, OR CONSISTS OF COCONUTS TAKEN FROM PREMISES OF PLANTATION, THE PROPERTY IS FISH FROM FISH POND OR FISHERY OR THE PROPERTY TAKEN IS ON THE OCCASION OF FIRE, EARTHQUAKE TYPHOON, VOLCANIC ERUPTION OR ANY OTHER CALAMITY, VEHICULAR ACCIDENT OR CIVIL DISTURBANCE, TAKE AN ILLEGALLY CUT TIMBER OR OTHER FOREST PRODUCTS IN PUBLIC OR PRIVATE FOREST

WHAT IS PRIMORDIAL IN ROBBERY WITH HOMICIDES

IS THE RESULTS OBTAINED WITHOUT REFERENCE OR DISTINCTION AS TO THE CIRCUMSTANCES, CAUSE, MODES OR PERSONS INTERVENING IN THE COMMISSION OF THE CRIME WITH TO INTENT TO GAIN THAT IS ROBBERY WITH HOMICIDES. THE ATTEMPTED HOMICIDE OR MURDER IS ABSORBS IN THE CRIME OF ROBBERY WITH HOMICIDES. AND THE SERIOUS PHYSICAL INJURIES MUST BE INFLICTED IN THE COURSE OF ITS EXECUTION OR DURING THE ROBBERY. WHETHER RESULTS IN INSANITY OR IMBECILITY.

WHAT IS THE DETERMINATIVE CHARACTERISTICS OF THEFT

IS WHETHER THE THEFT WAS PRODUCED TO FREELY DISPOSE THE STOLEN ARTICLES EVEN MOMENTARILY. IT IS CONSUMMATED UPON THE VOLUNTARY AND MALICIOUSLY TAKING OF THE PROPERTY WHICH PLACES IT UNDER HIS CONTROL THAT COULD LEAD TO DISPOSE IT.

WHAT IS THEFT

IT IS COMMITTED BY ANY PERSON WHO WITH INTENT TI GAIN BUT WITHOUT VIOLENCE OR INTIMMIDATION OF PERSON NOR FORCE UPON THINGS, SHALL TAKE PERSONAL PROPERTY OF ANOTHER WITHOUT THE LATTER;S CONSENT

BRIGANDAGE AIDING AND ABETTING A BAND OF BRIGANDS

KNOWINGLY AND ANY MANNER AID AND ABET AND PROTECT BAND OF BRIGANDS OR GIVE THEM INFORMATION OF THE MOVEMENT IF THE POLICE OR OTHER PEACE OFFICER IF THE GOVERNMENT WHEN THE LATTER ARE ACTING IN AID OF THE GOVERNMENT OR ACQUIRES OR RECEIVES THE PROPERTY TAKES BY SUCH BRIGANDS.

IS THERE A FRUSTRATED THEFT

NO

ESTAFA THROUGH FALSIFICATION OF PRIVATE DOCUMENTS

NO CRIME OF FALSIFICATION OF PRIVATE DOCUMENTS, BECAUSE IT IS USED IN THE CRIME OF ESTAFA WHICH DAMAGE OR WITH INTENT TO CAUSE DAMAGE IS AN ELEMENT EXCEPT IN COMMERCIAL DOCUMENT

ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENT

NO LICENSE TO OPERATE AND ILLEGAL RECRUITMENT BECAUSE ONLY ONE IS THE OFFENDED IF THE OFFENDER IS OR MORE IS LARGE SCALE ESTAFA.

ESTAFA THROUGH NEGLIGENCE

NO SUCH CRIME, GAIN OR PROFIT MUST BE OBTAINED PERSONALLY THROUGH HIS OWN ACTS HIS MERE NEGLIGENCE IN ALLOWING ANOTHER TO TAKE ADVANTAGE OF OR BENEFIT FROM THE ENTRUSTED CHATTEL CANNOT CONSTITUTE ESTAFA.

OTHER FORMS OF THEFT

ONE WHO ENTER AN ENCLOSED ESTATE OR A FIELD WHERE TRESPASS IS FORBIDDEN WHICH IS MANIFEST WHICH BELONGS TO ANOTHER WITHOUT CONSENT WHICH HUNT OR FISH UPON THE SAME OR GATHER FRUITS, CEREALS OR OTHER FOREST OR FARM PRODUCTS. TRESPASS IS ABSORBED IN THE THEFT.

ESTAFA

PRESUMPTION OF MISAPPROPRIATION OF FAILURE TO RETURN THE PROCEED OF ITEMS SOLD AS AGREED IN WRITING WITHIN A PERIOD OF TIME BUT MUST PROVE RECEIPT OF MONEY OR GOODS AND UNDER OBLIGATION TO RETURN THE SAME OR MUST PROVED CONVERSION BY THE OFFENDER OR DENIAL OF RECEIPT THAT PREJUDICES WITH PROPER DEMAND.

ESTAFA THROUGH FALSIFICATION OF COMMERCIAL DOCUMENTS

PROOF TO CAUSE DAMAGE IN NOT NECESSARY, FALSIFICATION ALONE IF DONE WITH INTENT TO PERVERT THE TRUTH WOULD BRING ABOUT CRIMINAL LIABILITY. IT WOULD SUSTAIN ESTAFA INDEPENDENTLY OF THE FALSIFICATION OF COMMERCIAL DOCUMENTS.

ROBBERY WITH RAPE

ROBBERY SHALL HAVE BEEN ACCOMPANIED WITH RAPE. BUT IF THE TWO CRIME WARE SEPARATED BOTH BY TIME AND SPACE THERE IS NO COMPLEX CRIME OF ROBBERY WITH RAPE. AND WITH INTEND TO ROBBERY MUST PRECEDE WITH RAPE IF THE ORIGINAL PLAN WAS TO COMMIT RAPE, THERE WILL BE SEPARATE CRIME. ADDITIONAL RAPE COMMITTED WILL NOT INCREASE THE PENALTY.

BP 22

SEVERAL VICTIMS OF ESTAFA AND BP 22. THE ACCUSED IS GUILTY OF AS MANY ESTAFA AGAINST EACH VICTIM BECAUSE EACH VICTIM ACHIEVE DISTINCT FRAUDULENT MACHINATION IN DIFFERENT TIME OR DATE AND DIFFERENT AMOUNT AND DRAWING OF CHECK IS SEPARATE CRIMINAL RESOLUTION

WHAT IF ROBBERY IS COMMITTED BUT AFTER ROBBERY PHYSICAL INJURIES IS INFLICTED. HOW MANY CRIMES ARE COMMITTED

TWO

HOW MANY QUALIFIED THEFT IS COMMITTED IF MORE THAN ONE VICTIM DIVESTED OF THEIR VALUABLES

WHEN ALL THE TAKING OF THE VALUABLES ARE MADE ON ONE AND THE SAME OCCASION THUS CONSTITUTING A CONTINUED CRIME IT IS ONLY ON CRIME OF QUALIFIED THEFT.

WHAT IS THE PRESUMPTION OF THEFT

WHEN THE ACCUSED IS IN THE POSSESSION OF THE STOLEN PROPERTY GIVES RISE THAT HE STOLE THE PROPERTY

NOT ESTAFA

WHEN THE CHECK IS ISSUED IN PAYMENT OF PREEXISTING OBLIGATION BECAUSE IT MUST BE ISSUED AS A MEANS OF OBTAINING MONEY OR PROPERTY.

WHEN THEFT IS COMPLETE

WHEN THE OFFENDER ACQUIRED EXCLUSIVE CONTROL OF THE PERSONAL PROPERTY BEING TAKEN

WHAT IS OTHER FORM OF THEFT

WHEN THE PERSON WHO HAVING FOUND LOST PROPERTY, SHALL FAIL TO DELIVER TO THE OWNER IF KNOWN OR TO LOCAL AUTHORITIES AND REFRAINED FROM DOING SO. AND MISAPPROPRIATING IT.

WHEN QUALIFIED THEFT IS COMMITTED?

WHEN THERE IS EVIDENT INTENT TO GAIN ON THE OCCASION OF VEHICULAR ACCIDENT, THE PERPETRATOR TOOK ADVANTAGE OF THE HELPLESS CONDITION OF THE VICTIMS AND TOOK ALL THEIR VALUABLES.

OTHER FORMS OF SWINDLING

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 WITH WHICH HE GUARANTEED THE FULFILLMENT OF SUCH OBLIGATION.

OTHER FORMS OF SWINDLING

WHO SHALL ACCEPT ANY COMPENSATION GIVEN HIM UNDER THE BELIEF THAT IT WAS IN PAYMENT OF SERVICES RENDERED OR LABOR BY HIM, WHEN IN FACT HE DID NOT ACTUALLY PERFORMED SUCH SERVICES OR LABOR;

ESTAFA

WITH DEFRAUD ANOTHER CAUSING HIM TO SUFFER DAMAGE BY MEANS UNFAITHFULNESS, ABUSE OF CONFIDENCE, OR OF FALSE PRETENSE OR FRAUDULENT ACTS EXECUTED PRIOR TO OR SIMULTANEOUSLY WITH THE COMMISSION OF THE FRAUD.