1. Actus Reus and Mens Rea

Elements of Act No. 1 (3)

• Possession (in general, from actual possession to constructive possession) of coins;
• Intent to utter them; and
• Knowledge that the coins are forged/mutilated.

Elements of Act No. 2 (2)

• Actually uttering such coins; and
• Knowledge that the coins are forged/mutilated

Requisites of Counterfeiting/Imitating (2)

• Intent or attempt to imitate; and
• Some resemblance between the genuine and forged handwriting, signature, or rubric

Acts of Lasciviousness and Grave Coercion, Distinguished

Elements:

• That the offender has Intent to defraud another;
• That the offender Compels him to sign, execute, or deliver any public instrument or document; and
• That the compulsion is by means of Violence or Intimidation

Notes:

• This article is not applicable if the document is void.
• “Public” describes only “instrument”; hence, this article also applies to private or commercial documents

Section 2 – Robbery by the Use of Force upon Things

Elements:

• That there is a pregnant woman;
• That violence is inflicted by another upon such pregnant woman without intending an abortion;
• That the violence is intentionally exerted; and
• That as a result of the violence the fetus dies, either in the womb or afterhaving been expelled therefrom

Notes:

• Can only be committed by violence
• Violence or actual physical force (as opposed to threats or mere administering of substance with no intention to commit abortion) must be used
• Intention may be inferred from the condition of the pregnant woman (i.e. whether pregnancy is noticeable)
• Unintentional abortion under Article 257 requires intentionally exerted violence, although the offender does not intend the abortion. If the act itself is negligent, assess liability under Article 365 instead.
• May be complexed with homicide and parricide
• If there is no intent to cause abortion and no violence committed, no abortion of any kind

Art. 258. Abortion Practiced by the Woman Herself or by Her Parents

Elements of Act No. 3 (any other proceeding)

• Offender knew document was falsified by another;
• Document is embraced in Art. 171, or nos. 1 or 2 of Art. 172;
• Document is used in a non-judicial proceeding; and
• Such use caused damage to another or there was at least intent to cause such damage

Presumption of law as to knowledge

Any person performing any of the acts provided in this article is presumed to have performed them knowingly, unless the contrary is proven.

Elements of Act No. 3

• Accused knew wireless, cable, telegraph or telephone messages were falsified;
• Accused used such falsified dispatches; and
• Such use resulted in prejudice to a third party, or there was at least intent to prejudice

Estafa by means of deceit and Theft, Distinguished

Acts Punishable (3 Acts):

• By inducing another to sign any document

Elements:

• The offender induced the offended party to sign a document;
• Deceit was employed to make the offended party sign the document;
• The offended party personally signed the document; and
• Prejudice was caused

Not appreciated if crime is qualified by treachery

Lack of intention to commit so grave a wrong is not appreciated where the offense committed is characterized by treachery. (People v. Pajenado, No. L-26458)

Bare statement that crime was committed at night is insufficient

The information must allege that nighttime was sought for or taken advantage of, or that it facilitated the crime. (People vs. Fernandez, G.R. No. L32623)