1. All except Arts. 312–314 and 328–331

Elements:

• There must be Personal property belonging to another;
• Unlawful taking of that property;
• Taking was with Intent to gain (animus lucrandi); and
• There is (a) Violence against or intimidation of person, or (b) Force upon anything.

Paragraph 2: Robbery with Rape

Elements (People v. Salen, Jr. y Sena, G.R. No. 231013):

• The taking of personal property is committed with violence or intimidation against persons;
• The property taken belongs to another;
• The taking is characterized by intent to gain or animus lucrandi; and
• The robbery is accompanied by rape.

Elements, in General:

• Accused defrauded another;
• Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person;
• The element of damage or prejudice may consist in:
• The offended party being deprived of his money or property, as a result of the defraudation;
• Disturbance in property rights; or
• Temporary prejudice.

Note:

Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another.

Three ways of committing Estafa

• With unfaithfulness or abuse of confidence;
• By means of false pretenses or fraudulent acts; or
• Through Fraudulent Means.

First way of committing Estafa (By Unfaithfulness or Abuse of Confidence)

Third element of Misappropriation or Conversion: Prejudice befalling “another” means any third person, and not merely to the owner

• A partner may be liable for estafa if he misappropriates the share of another partner in profits or if he receives money/property for a specific purpose and later misappropriates it

Fourth element of Misappropriation or Conversion: Demand is not an element of estafa by misappropriation or conversion. Failure to account upon demand may be circumstantial evidence of misappropriation, which may also be proved by other evidence.

• Demand is not required even if:
• The offender cannot be located (People v. Villegas [56 O.G. 11, 1938] held that if the offender is in hiding, it is a clear indication of a premeditated intention to abscond with the thing received and the offender could not have complied with the demand even if made, hence, demand is not necessary.)
• There was an agreement upon a specific time for delivery or return of the things received (People v. Librea [48 O.G. 5305] held that, if the receipt signed by the accused stipulated a specified date for the return of the thing, such specified date is in itself a demand, dispensing with the need for a subsequent demand to be made.)

Chapter 7: Chattel Mortgage

Art. 319. Removal, Sale or Pledge of Mortgaged Property

Punishable Acts:

• Knowingly removing mortgaged personal property from the province or city where it was located when the mortgage was executed, without the mortgagee’s written consent
• Selling or pledging personal property already mortgaged under the Chattel Mortgage Law without the mortgagee’s written consent noted on the mortgage record

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Chapter 9: Malicious Mischief

Malicious Mischief is the willful damaging of another’s property for the sake of causing damage due to hate, revenge, or other evil motive.

Art. 327. Who Are Liable For Malicious Mischief

Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter

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Qualified Malicious Mischief:

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