Chapter THREE

THEFT
Article 308. Who are Liable for Theft
Persons liable
1. Those who with intent to gain, but without violence
against or intimidation of persons nor force upon
things, take personal property of another without the
latters consent;

2. Those who having found lost property, fails to deliver

the same to the local authorities or to its owner;

3. Those who, after having maliciously damaged the

property of another, remove or make use of the fruits
or objects of the damage caused by them;

4. Those who enter an enclosed estate or a field where

trespass is forbidden or which belongs to another and,
without the consent of its owner, hunt or fish upon the
ELEMENTS:

1. There is taking of personal property;

2. The property taken belongs to another;

3. The taking was done with intent to gain;

4. The taking was done without the consent of the owner;

5. The taking is accomplished without the use of violence

against or intimidation of persons or force upon things.
Article 310. Qualified Theft
Theft is qualified if

1. Committed by a domestic servant;

2. Committed with grave abuse of confidence;

3. The property stolen is a motor vehicle, mail matter, or large

cattle;

4. The property stolen consists of coconuts taken from the premises

of a plantation;

5. The property stolen is fish taken from a fishpond or fishery; or

6. If property is taken on the occasion of fire, earthquake, typhoon,

volcanic eruption, or any other calamity, vehicular accident, or
civil disturbance.
Article 311. Theft of the Property of the National
Library or National Museum

If the property stolen is any property of the National

Library or of the National Museum
Chapter FOUR

USURPATION
Article 312. Occupation of Real Property or
Usurpation of Real Rights in Property

Acts punished:

1. Taking possession of any real property belonging to

another by means of violence against or intimidation of
persons;

2. Usurping any real rights in property belonging to

another by means of violence against or intimidation of
persons.
Elements

1. Offender takes possession of any real property or

usurps any real rights in property;

2. The real property or real rights belong to another;

3. Violence against or intimidation of persons is used by

the offender in occupying real property or usurping
real rights in property;

4. There is intent to gain.

Article 313. Altering Boundaries or Landmarks

Elements

1. There are boundary marks or monuments of towns,

provinces, or estates, or any other marks intended to
designate the boundaries of the same;

2. Offender alters said boundary marks.

Chapter FIVE

CULPABLE INSOLVENCY
Article 314. Fraudulent Insolvency

Elements

1. Offender is a debtor, that is, he has obligations due

and payable;

2. He absconds with his property;

3. There is prejudice to his creditors.

Chapter six

SWINDLING AND OTHER DECEITS

Article 315. Swindling

Elements in general
1. Accused defrauded another by abuse of confidence or by means of
deceit; and
This covers the three different ways of committing estafa under Article
315; thus, estafa is committed
a. With unfaithfulness or abuse of confidence;
b. By means of false pretenses or fraudulents acts; or
c. Through fraudulent means.

Note: (The first form under subdivision 1 is known as estafa with abuse of
confidence; and the second and third forms under subdivisions 2 and 3
cover cover estafa by means of deceit.)

2. Damage or prejudice capable of pecuniary estimation is caused to the

offended party or third person.
Elements of estafa with unfaithfulness of abuse of confidence
under Article 315 (1)

Under paragraph (a) :

1. Offender has an onerous obligation to deliver something of value;

2. He alters its substance, quantity, or quality;

3. Damage or prejudice is caused to another.

Under paragraph (b)

1. Money, goods, or other personal property is received by the offender is

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. There is misappropriation or conversion of such money or property by

the offender, or denial on his part of such receipt;

3. Such misappropriation or conversion or denial is to the prejudice of

another; and

4. There is a demand made by the offended party to the offender.

(The fourth element is not necessary when there is evidence of

misappropriation of the goods by the defendant. [Tubb v. People, et al.,
101 Phil. 114] ).
Under paragraph (c)

1. The paper with the signature of the offended party is in

blank;

2. Offended party delivered it to the offender;

3. Above the signature of the offended party, a document is

written by the offender without authority to do so;

4. The document so written creates a liability of, or causes

damage to, the offended party or any third person.
Elements of estafa by means of false pretenses or fraudulent acts
under Article 315 (2)

Acts punished under paragraph (a)

1. Using fictitious name;
2. Falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions; or
3. By means of other similar deceits.

Under paragraph (b)

Altering the quality, fineness, or weight of anything pertaining to his
art or business.

Under paragraph (c)

Pretending to have bribed any government employee, without prejudice
to the action for calumny which the offended party may deem proper to
bring against the offender.
Under paragraph (d)
1. Offender postdated a check, or issued a check in payment of an
obligation;

2. 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.
Estafa through any of the following fraudulent means under Article
315 (3)
Under paragraph (a) - ESTAFA by inducing another to sign any document
Elements:
1. Offender induced the offended party to sign a document;
2. Deceit was employed to make him sign the document;
3. Offended party personally signed the document;
4. Prejudice was caused.

Under paragraph (b) Estafa by resorting to some fraudulent practice to

insure in a gamling game
Resorting to some fraudulent practice to insure success in a gambling game;

Under paragraph (c) - ESTAFA by removing concealing or destroying

documents
Elements:
5. There be any court record, office files, documents or any other papers;
6. Offender removed, concealed or destroyed;
7. With intent to defraud another.
Article 316. Other forms of Swindling

Paragraph 1 By conveying, selling, encumbering, or mortgaging

any real property, pretending to be the owner of the same

Elements:
1. There is an immovable, such as a parcel of land or a building;

2. Offender who is not the owner represents himself as the owner thereof;

3. Offender executes an act of ownership such as selling, leasing,

encumbering or mortgaging the real property;

4. The act is made to the prejudice to the owner or a third person.

Paragraph 2 by disposing of real property as free from
encumbrance, although such encumbrance be not recorded

Elements:

1. The thing disposed is a real property:

2. Offender knew that the real property was encumbered, whether the
encumbrance is recorded or not;

3. There must be express representation by offender that the real property

is free from encumbrance;

4. The act of disposing of the real property is made to the damage of

another.
Paragraph 3 by wrongfully taking by the owner of his personal
property from its lawful possessor

Elements:

1. Offender is the owner of personal property;

2. Said personal property is in the lawful possession of another;

3. Offender wrongfully takes it from its lawful possessor;

4. Prejudice is thereby caused to the possessor or third person.

Paragraph 4 by executing any fictitious contract to the prejudice of
another

The case of Estafa by executing a fictitious contract to the prejudice of

another may be illustrated in the case of a person who simulates a
conveyance of his property to another, for the purpose of defrauding his
creditors.

Paragraph 5 by accepting any compensation for services not rendered

or for labor not performed

The case in this paragraph consists in accepting any compensation given

the accused did not render the service or perform the labor which the
payment was made
Paragraph 6 by selling, mortgaging or encumbering real property or
properties with which the offender guaranteed the fulfillment of his
obligation as surety

Elements:

1. Offender is a surety in a bond given in a criminal or civil action;

2. He guaranteed the fulfillment of such obligation with his real property

or properties;

3. He sells, mortgages, or in any manner encumbers said real property;

4. Such sale, mortgage or encumbrance is without express authority from

the court, or made before the cancellation of his bond, or before being
relieved from the obligation contracted by him.
Article 317. Swindling a minor

Elements

1. Offender takes advantage of the inexperience or emotions

or feelings of a minor;

2. He induces such minor to assume an obligation or to give

release or to execute a transfer of any property right;

3. The consideration is some loan of money, credit or other

personal property;

4. The transaction is to the detriment of such minor.

Article 318. other deceits

Acts punished

1. Defrauding or damaging another by any other deceit not

mentioned in the preceding articles;

2. Interpreting dreams, by making forecasts, by telling

fortunes, or by taking advantage or the credulity of the
public in any other similar manner, for profit or gain.