Title Ten

CRIMES AGAINST PROPERTY

1. Robbery with violence against, or intimidation of persons. (Arts. 294,

297 and 298)
2. Robbery by the use of force upon things. (Arts. 299 and 302)

Elements of robbery in general.

a. That there be (1) personal property; (2) belonging to another;
b. That there is (3) unlawful taking of that property;
c. That the taking must be (4) with intent to gain; and
d. That there is (5) violence against or intimidation of any person, or
force upon anything.

While
the seizure of the opium and the arrest of its carrier by the agents of the
authorities were lawful, it was not lawful for said agents to seize the opium
in order to appropriate it.

Whenever violence against or intimidation of any person is used, the

taking of personal property belonging to another is always robbery.
If there is no violence or intimidation, but only force upon things, the
taking is robbery only if the force is used either to enter the building
or to break doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle inside the building or to force them open
outside after taking the same from the building

Art294. Robbery with violence against or intimidation of

persons

Requisites of robbery under the second case of paragraph 4 of

Art. 294.

1. That any of the physical injuries defined in paragraphs 3 and 4 of Art.

263 was inflicted in the course of the robbery; and
2. That any of them was inflicted upon any person not responsible for the
commission of the robbery.

Robbery with violence or intimidation "in other cases" referred to

in par. 5 is committed by:

1. Snatching money from the hands of the victim and pushing her to
prevent her from recovering the seized property. (U.S. vs. Samonte 8
Phil. 286)
2. Grabbing pawn ticket from the hands of another and intimidating
him. (U.S. vs. Blanco, 10 Phil. 298)

Art . 295 . Robbery with physical injuries, committed in an

uninhabited place and by a band, or with the use of firearm
on a street, road or alley.

1 in an uninhabited place, or
(2) by a band,or
(3) by attacking a moving train, street car, motor vehicle, or airship, or
(4) by entering the passengers' compartments in a train, or in any manner
taking the passengers thereof by surprise in the respective conveyances,
or
(5) on a street, road, highway, or alley, and the intimidation is made with
the use of firearms, the offender shall be punished by the maximum
periods of the proper penalties prescribed in Art. 294.

Art . 296 . Definition of a band and penalty incurred by the

members thereof. —

A member of the band is liable for any of the assaults committed by

the other members thereof, when the following requisites concur:
1. That he was a member of the band.
2. That he was present at the commission of a robbery by that
band.
3. That the other members of the band committed an assault.
4. That he did not attempt to prevent the assault.

"Without prejudice to the criminal liability for illegal possession of

such unlicensed firearm."

Art. 297. Attempted and frustrated robbery committed

under certain circumstances. —

Art. 298 . Execution of deeds by means of violence or inti#midation.—

Elements:
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public
instrument or document.
3. That the compulsion is by means of violence or intimidation.

What are the two kinds of robbery with force upon things?
They are:
1. Robbery in an inhabited house or public building or edifice
devoted to religious worship. (Art. 299)
2. Robbery in an uninhabited place or in a private building. (Art.
302)

Art. 299 . Robbery in an inhabited house or public building

or edifice devoted to worship. —

ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION (A).

Elements:
1. That the offender entered (a) an inhabited place, or (b) public building,
or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof, or floor or breaking any door or
window;
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of public
authority.
3. That once inside the building, the offender took personal property
belonging to another with intent to gain.
ROBBERY WITH FORCE UPON THINGS UNDER SUBDIVISION (B)
OF ART. 299.
Elements:
1. That the offender is inside a dwelling house, public building, or edifice
devoted to religious worship, regardless of the circumstances under
which he entered it;

2. That the offender takes personal property belonging to another, with

intent to gain, under any of the following circumstances:
a. by the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle; or
b. by taking such furniture or objects away to be broken or forced
open outside the place of the robbery.

Art. 300 . Robbery in an uninhabited place and by a band

Art. 301 . What is an inhabited house, public building,

or building dedicated to religious worship and their depen#dencies.

Art. 302 . Robbery in an uninhabited place or in a private

building. —

Elements:
1. That the offender entered an uninhabited place or a building which
was not a dwelling house, not a public building, or not an edifice
devoted to religious worship.
2. That any of the following circumstances was present:
a. The entrance was effected through an opening not intended for
entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks
or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be
broken open elsewhere.
3. That with intent to gain, the offender took therefrom personal property
belonging to another.

Art. 303 . Robbery of cereals, fruits, or firewood in an

uninhabited place or private building.

Art. 304 . Possession of picklocks or similar tools. —

Elements of illegal possession of picklocks or similar tools.

1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the
commission of robbery.
3. That the offender does not have lawful cause for such possession.

Art. 305 . False keys. — Th e ter m "fals e keys " shal l b e

deeme d t o include :

1 . Th e tools mentione d i n th e nex t precedin g article ;

2 . Genuin e key s stole n fro m th e owner ;
3 . An y key s othe r tha n thos e intende d b y th e owne r
f o r us e i n th e loc k forcibl y opene d b y th e offender .
Chapter Two
BRIGANDAGE

Art. 306 . Who are brigands —

3. The purpose is any of the following:

a. To commit robbery in the highway; or
b. To kidna p person s for th e purpose of extortion or to obtain
ransom; or
c. To attain by mean s of force an d violence an y other
purpose.

3. The purpose is any of the following:

a. To commit robbery in the highway; or
b. To kidna p person s for th e purpose of extortion or to obtain
ransom; or
c. To attain by mean s of force an d violence an y other
purpose.

Art. 307 . Aiding and abetting a band of brigands. —

Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. He in any manner aids, abets or protects such band of brigands;
or
b. He gives them information of the movements of the police or
other peace officers of the Government; or
c. He acquires or receives the property taken by such brigands.

Art. 308 . Who are liable for theft

Elements of theft:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against
or intimidation of persons or force upon things.

Thef t i s likewis e committe d by :

1 . An y perso n who , havin g foun d lost property , shal l fail
t o delive r th e sam e t o th e loca l authoritie s o r t o its owner ;
2 . An y perso n who , afte r havin g maliciousl y damage d
t h e propert y o f another , shal l remov e o r mak e us e o f th e
fruits o r objec t o f th e damag e cause d b y him ; an d
3 . An y perso n wh o shal l ente r a n inclose d estat e o r a
fiel d wher e trespas s i s forbidde n o r whic h belong s t o anothe r
a n d withou t th e consen t o f its owner , shal l hun t o r fis h upo n
t h e sam e o r shal l gathe r fruits, cereals , o r othe r forest o r
far m products .

Elements of theft:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against
or intimidation of persons or force upon things.

Presidential Decree No. 534, which took effect on August 8,1974,

defines illegal fishing and prescribes stiffer penalties therefor

Presidential Decree No. 401, which took effect on March 1, 1974,

punishes with prision correccional in its minimum period or a fine ranging
from P2.000 to P6.000, or both, the unauthorized installation of water,
electrical or telephone connections, the use of tampered water or electrical
meters to steal water or electricity, the stealing or pilfering of water and/or
electrical meters, electric and/or telephone wires, and knowingly possessing
stolen or pilfered water and lor electrical meters, and stolen or pilfered
electric and/or telephone wires.

1) Turning back the dials of the electric meter;

2) Fixing the electric meter in such a manner that it will not
register the actual electric consumption;
3) Under reading of electric consumption; and
4) Tightening screw of rotary blades to slow down rotation of the
same.

Art . 310 . Qualified theft.

Theft is qualified —
1. If the theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of confidence.
3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large
cattle.
4. If the property stolen consists of coconuts taken from the premises of
a plantation.
5. If the property stolen is fish taken from a fishpond or fishery.
6. If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbance

Section 2 of R.A. 6539, the Anti-Carnapping Act of 1992, as amended

by R.A. No. 7659, defines the crime of carnapping as the taking, with intent
to gain, of a motor vehicle belonging to another without the latter's consent,
or by means of violence against or intimidation of persons, or by using force
upon things. It becomes qualified when in the course of the commission or on
occasion of the carnapping, the owner, driver or occupant of the carnapped
vehicle is killed or raped. When the carnapping is qualified, the penalty
imposable is reclusion perpetua to death.

ANTI-CATTLE RUSTLING LAW OF 1974

Cattle rustling is th e takin g awa y b y an y means , metho d
o r scheme , withou t th e consen t o f th e owner/raiser , o f an y
o f th e animal s (classifie d a s larg e cattle ) whethe r o r no t fo r
profit o r gain , o r whethe r committe d wit h o r withou t violenc e
agains t o r intimidatio n o f an y perso n o r forc e upo n things . I t
include s th e killin g o f larg e cattle , o r takin g its mea t o r hid e
withou t th e consen t o f th e owner/raiser .

ANTI-FENCING LAW
(Presidential Decree No. 1612)

Art. 311. Theft of the property of the National Library

and National Museum. — If the property stolen be any
property of the National Library or of the National Museum,
the penalty shall be arresto mayor8
or a fine ranging from
200 to 500 pesos, or both, unless a higher penalty should be
provided under other provisions of this Code, in which case,
the offender shall be punished by such higher penalty.

Art. 312 . Occupation of real property or usurpation of real

rights in property. —

Republic Act No. 947 punishes entering or occupying public agricul#tural land
including public lands granted to private individuals

Art . 313 . Altering boundaries or landmarks

Elements:
1. That there be boundary marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of
the same.
2. That the offender alters said boundary marks.

Art. 314. Fraudulent insolvency.

Elements:
1. That the offender is a debtor; that is, he has obligations due and
payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

Art. 315. Swindling (estafa). —

Elements of estafa in general:

1. That the accused defrauded another (a) by abuse of confidence, or (b)
by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to
the offended party or third person.

Note that Art. 315 has three subdivisions classifying the different
forms of estafa according to the means by which the fraud is committed.
Thus, estafa is committed —
(a) with unfaithfulness or abuse of confidence;
(b) by means of false pretenses or fraudulent acts; or
(c) through fraudulent means.

BATA S PAMBANS A BLG . 2 2

SECTIO N 1. Checks without sufficient funds.

1. That a person makes or draws and issues any check.

2. That the check is made or drawn and issued to apply on account or for
value
3. That the person who makes or draws and issues the check knows at
the time of issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon its
presentment.
4. That the check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit, or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered
the bank to stop payment.
Estafa by obtaining food or accommodation at a hotel, etc.
There are three ways of committing estafa under the provisions:
1. By obtaining food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house or apartment house
without paying therefor, with intent to defraud the proprietor or
manager thereof;
2. By obtaining credit at any of said establishments by the use of
any false pretense; or
3. By abandoning or surreptitiously removing any part of his
baggage from any of said establishments after obtaining credit,
food, refreshment or accommodation therein, without paying
therefor.

Estafa by inducing another to sign any document.

Elements:
(1) That the offender induced the offended party to sign a
document.
(2) That deceit be employed to make him sign the document.
(3) That the offended party personally signed the document.
(4) That prejudice be caused.

Estafa by removing, concealing or destroying documents.

Elements of this kind of estafa:
1. That there be court record, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.

The element of damage or prejudice may consist in:

1. The offended party being deprived of his money or property, as result
of the defraudation;
2. Disturbance in property rights; or
3. Temporary prejudice.

Art. 316 . Other forms of swindling-

Elements:
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property should represent
that he is the owner thereof.
3. That the offender should have executed an act of ownership (selling,
leasing, encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.

Elements:
1. That the thing disposed of be real property.
2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not.
3. That there must be express representation by the offender that the
real property is free from encumbrance.
4. That the act of disposing of the real property be made to the damage
of another.

Elements:
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third person.

Par . 4 — B y executin g an y fictitiou s contrac t t o th e preju -

dic e o f another .

Par . 5 — B y acceptin g an y compensatio n fo r service s no t

rendere d o r fo r labo r no t performed .

Par . 6 — By selling , mortgagin g o r encumberin g rea l pro -

pert y o r propertie s wit h whic h th e offende r guaran -
tee d th e fulfillmen t o f his obligatio n a s surety .

Elements:
1. That the offender is a surety in a bond given in a criminal or civil
action.
2. That he guaranteed the fulfillment of such obligation with his real
property or properties.
3. That he sells, mortgages, or, in any other manner encumbers said real
property.
4. That such sale, mortgage or encumbrance is (a) without express author#ity from
the court, or (b) made before the cancellation of his bond, or (c)
before being relieved from the obligation contracted by him.

Art. 317 . Swindling a minor.

Elements:
1. That the offender takes advantage of the inexperience or emotions or
feelings of a minor.
2. That he induces such minor (1) to assume an obligation, or (2) to give
release, or (3) to execute a transfer of any property right.
3. That the consideration is (1) some loan of money, (2) credit, or (3) other
personal property.
4. That the transaction is to the detriment of such minor.

Art. 318 . Other deceits. —

Other deceits are:

1. By defrauding or damaging another by any other deceit not mentioned
in the preceding articles.
2. By interpreting dreams, by making forecasts, by telling fortunes, or by
taking advantage of the credulity of the public in any other similar
manner, for profit or gain.

Art. 319 . Removal, sale or pledge of mortgaged property.

—

Elements of knowingly removing mortgaged personal property:

a. That personal property is mortgaged under the Chattel Mortgage
Law.
b. That the offender knows that such property is so mortgaged.
c. That he removes such mortgaged personal property to any province
or city other than the one in which it was located at the time of the
execution of the mortgage.
d. That the removal is permanent.
e. That there is no written consent of the mortgagee or his executors,
administrators or assigns to such removal.

Elements of selling or pledging personal property already pledged:

a. That personal property is already pledged under the terms of the
Chattel Mortgage Law.
b. That the offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof.
c. That there is no consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the office of the register
of deeds.

Art. 320 . Destructive arson. —

Art. 321 . Other forms of arson. —

Art. 322 . Cases of arson not included in the preceding

articles. —

Art. 323 . Arson of property of small value. —

Art. 323 . Arson of property of small value. —

Elements of crimes involving destruction:

1. The offender causes destruction.
2. Destruction is caused by any of the following means:
a. explosion
b. discharge of electric current
c. inundation, sinking or stranding of a vessel, or intentional
damaging of the engine of said vessel
d. taking up the rails from a railway track
e. maliciously changing railway signals for the safety of moving
trains

Art. 327 . Who are liable for malicious mischief

1. That the offender deliberately caused damage to the property of
another.
2. That such act does not constitute arson or other crimes involving
destruction.
3. That the act of damaging another's property be committed merely for
the sake of damaging it.

The scandal produced by the concubinage of a married man occurs

not only when (1) he and his mistress live in the same room of a house, but
also when (2) they appear together in public, and (3) perform acts in sight of
the community which give rise to criticism and general protest among the
neighbors.

So, for the existence of the crime of concubinage by having sexual

intercourse under scandalous circumstances, the offender must be so
imprudent and wanton as to offend modesty and that innate sense of
morality and decency of the people in the neighborhood.

The presence or absence of lewd designs is inferred from the nature

of the acts themselves and the environmental circumstances.

Rep . Act . No . 8353, other -

wis e know n a s th e "Anti-Rap e La w o f 1997 "

(1) Adultery. (Art. 333)

(2) Concubinage. (Art. 334)
(3) Acts of lasciviousness. (Art. 336)
(4) Qualified seduction. (Art. 337)
(5) Simple seduction. (Art. 338)
(6) Acts of lasciviousness with the consent of the offended party.
(Art. 339)
(7) Corruption of minors. (Art. 340)
(8) White slave trade. (Art. 341)
(9) Forcible abduction. (Art. 342)
(10) Consented abduction. (Art. 343)