TRUE OR FALSE

The taking from an enclosed corral of a carabao belonging to another, after force is employed to destroy a part of the corral to enter the same, is considered merely as theft because corral is not a building nor a dependency of a building.

In the crime of theft, the law makes only of the term“ taking” and not “taking away.”

The allegation of “lack of consent” is dispensable under the first paragraph of Article 308 since the language or epigraph of the law expressly requires that the (unlawful) taking should be done without the consent of the owner. In view of the clear text of the law, an information which does not aver “lack of consent of the owner” would render the allegation sufficient and the information may be quashed for failure to allege an essential element of the crime. 

Fencing under Presidential Decree No. 1612 is a distinct crime from theft, robbery and estafa.

When there is no evidence as to the value of the property stolen, the court is allowed to take judicial knowledge of the value of such property.

THEFT IS QUALIFIED WHEN: Committed by domestic servant

On Carnapping and Theft of Motor Vehicle: When the subject is motor vehicle, the Theft becomes qualified. 

The word “onerous” means that the offended party has partially complied with his obligations to pay.

In Estafa with Abuse of Confidence, offenders are entrusted with funds or property and are continuing offenses

Deceit is presumed if the drawer fails to deposit the amount necessary to cover the check within seven days from receipt of notice of dishonor or insufficiency of funds in the bank.

Syndicated Estafa  is a syndicate of three or more persons formed with intent to carry outan unlawful or illegal act, transaction or scheme and defraudation which results in misappropriation of money contributed bystockholders or members of rural banks, cooperatives, samahang nayon orformer’s association; or funds contributed by corporations or associations forthe general welfare.

If the crime of arson was employed by the offender as a means to kill the offended party, the crime committed is arson.

There is special complex crime of arson with homicide. What matters in resolving cases involving intentional arson is the criminal intent of the offender.

The crimes of adultery, concubinage, seduction, abduction and acts of lasciviousness are the so-called private crimes. 

At any time before entering his plea, the accused may moved to quash the complaint or information.