CRIMES AGAINST

PROPERTY
EVANGELIO, FLORES, LESANQUE, MACAPAGAL, PINEDA, RAMIREZ
 What are the crimes
against property?

01-05 Articles 294-302

06-10 Articles 304-310

11-15 Articles 311-315

16-20 Articles 316-320

21-25 Articles 321-326

 Article 294
Robbery with violence against or intimidation of persons
— Any person guilty of robbery with the use of violence
against or intimidation of any person.

Acts punished as robbery with violence or intimidation:

robbery accompanied with: (1) homicide, (2) rape, mutilation, or
ason, (3) physical injuries, (4) violence or intimidation employed
is carried to a degree clearly unnecessary for the commission of
the crime, (5) the offender shall have inflicted upon any person
not responsible for the commission of the robbery any of the
physical injuries, (6) violence or intimidation does not cause any
serious physical injuries defined in Art. 263, intimidation is only
employed.
 Robbery with Homicide Robbery with Rape
Elements:
1. The taking of personal property
The law does not
with violence or intimidation
against persons distinguish whether rape
2. The property taken belongs to was committed before,
another.
during, or after the
3. The taking was done with animo
lucrandi robbery. It is enough that
4. On the occasion of the robbery or the robbery was
by reason thereof, homicide was
committed
accompanied by rape.
Article 297
Attempted and frustrated robbery
committed under certain circumstances
Attempted and frustrated robbery committed
under certain circumstances. — When by
reason or on occasion of an attempted or
frustrated robbery a homicide is committed,
the person guilty of such offenses shall be
punished by reclusion temporal in its
maximum period to reclusion perpetua, unless
the homicide committed shall deserve a
higher penalty under the provisions of this
code.
Article 298
Execution of deeds by means of violence or intimidation. — Any person who,
with intent to defraud another, by means of violence or intimidation, shall
compel him to sign, execute or deliver any public instrument or documents,
shall be held guilty of robbery and punished by the penalties respectively
prescribed in this Chapter.

Elements:

offender has the intent to defraud another

That the offender compels him to sign, execute, or

deliver any public instrument or document.

That the compulsion is by means of violence or

intimidation.
 ARTICLE 299
a) The malefactors shall enter the house
(b) The robbery be committed under
or building in which the robbery was any of the following circumstances:
committed, by any of the following means:
1. By the breaking of doors,
1. Through an opening not intended for wardrobes, chests, or any other
entrance or egress. kind of locked or sealed furniture
2. By breaking any wall, roof, floor, door or or receptacle;
window.
2. By taking such furniture or
3. By using false keys, picklocks or similar
objects to be broken or forced
tools.
4. By using any fictitious name or
open outside the place of the
pretending the exercise of public authority. robbery.cha
 Article 302
Robbery in an uninhabited place or in a private building. If any of the
following circumstances are present:

1. If the entrance has been effected through any opening not intended
for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken

3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools
4. If any dorm, wardrobe, chest or by sealed or closed furniture or
receptacle has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed even if the same to broken open elsewhere.
 Article 304
Possession of picklocks or similar tools
— Any person who shall, without lawful cause, have in
his possession picklocks or similar tools specially adopted
to the commission of the crime of robbery
— Any person who shall make such tools

Elements of illegal possession of picklocks or similar tools:

a) The offender has in his possession picklocks or similar tools.
b) That such picklocks or similar tools are specially adopted to
the commission of robbery.
c) That the offender does not have lawful causes for such
possesssion.
 Article 306 BRIGANDAGE ROBBERY
BRIGANDAGE - Form a band - Form a band
There is brigandage when: of robbers of robbers
a) There be at least four armed person.
Purpose Purpose:
Only to commit
b) They formed a band of robbers. robbery; not
necessarily in
highway.
c) The purpose is any of the ff:
To commit robbery in the highway; or nIndiscriminate
highway robbery Necessary to
To kidnap persons for the purpose of prove that the
Mere formation band committed
extortion or to obtain ransom; or of band robbery
To attain by means of force and
violence any other purpose.
Article 307
AIDING AND ABETTING A BAND OF BRIGANDS

Elements:
a) That there is a band of brigands.
b) That the offender knows the band to be of brigands.
c) That the offender does any of the following acts:
- He in any manner aids, abets, or protects such band
of brigands.
- He gives them information information of the movements of
the police or other peace officers of the Government.
- He acquires or receives the property taken by such brigands.
 Article 308
THEFT

Committed by any Theft is also committed when:

person who, with intent a) Any person who, having found lost property, shall fail to deliver the same
to the local authorities or to its owner.
to gain but without
violence against or b) Any person who, after having maliciously damaged the property of
intimidation of persons another, shall remove or make use of the fruits or object of the damage
nor force upon things, caused by him;
shall take personal
property of another c) Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner,
without the latter's
shall hunt or fish upon the same or shall gather cereals, or other forest or
consent. farm products.

Article 310
QUALIFIED THEFT
Elements:
a) That there is taking of personal property;
b) That the said property belongs to another;
c) That the said taking be done with intent to
gain;
d) That it be done without the owner's consent;
e) That it be accomplished without the use of
violence or intimidation against person, nor of
force upon things;
f) That it be done with grave abuse of
confidence.
Circumstances that qualifies theft:
1) If committed by a domestic servant
2) If committed with grave abuse of
confidence
3) if the property stolen is (a) motor
vehicle, (b) mail matter, or (c) large cattle
4) If the property stolen consists of
coconuts taken from the premises of the
plantation
5) If the property stolen is taken from a
fishpond or fishery
6) If property taken on the occasion of
fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular
accident or civil disturbance
 Article 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.

See: (Almendra vs. Alvero G.R No. G.R. No. L-

19820 September 20, 1965)
 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

Article 311 Museum, the penalty shall be arresto mayor or a fine

ranging from P40,000 to P100,000, 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.
 Article 312
Occupation of real property or usurpation of real rights in property

ELEMENTS

1. That the offender 2. That the real 3. That violence against 4. That there
takes possession property or or intimidation of is intent to
of any real real rights persons is used by the gain
property or belong to offender in occupying a
usurps any real another real property or usurping
rights in property real rights in property
 Distinction from theft or robbery

THEFT OR ROBBERY ARTICLE 312

Violence or intimidation is used to

Violence or intimidation is employed to
occupy the real property or to usurp real
take personal property
right

Taking or asportation Occupation or usurpation

Intent to gain Intent to gain

 Article 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.

See: (Almendra vs. Alvero G.R No. G.R. No. L-

19820 September 20, 1965)
 Article 314. Fraudulent Insolvency
ELEMENTS

1. That the offender is 2. That he 3. That there be

a debtor; that is, he absconds with his prejudice to his
has obligations due property creditors.
and payable
 Estafa is committed when;
Article 315.
Swindling (estafa) With unfaithfulness or
abuse of confidence
Elements of Estafa in general: By means of false pretenses
1. That the accused or fraudulent acts; or
defrauded another (a) by Through fraudulent means
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
 Estafa by Alteration
Committed by any person who defrauds another;

1. With unfaithfulness or abuse of confidence

by altering the substance, quantity, or quality
of anything of value which he delivers by
virtue of an obligation to do so, even though
such obligation be based on immoral or
illegal considerations
2. By means of fraudulent acts of altering the
quality, fitness, or weight of anything
pertaining to his art o business executed prior
to or simultaneously with the parting of
property by the victim.

See: (People v. Manansala, et al., 58 Phil.796)

Estafa through Misappropriation
Estafa through misappropriation, conversion or denial
is committed by any person who shall defraud another;

1. With unfaithfulness or abuse of confidence

2. By misappropriating or converting or denying having
received personal property under obligation to deliver
or return the same property received to the prejudice
of another.

See:(U.S v. Sevilla, 43 Phil.190)

Estafa through misappropriation Estafa by using a Fictitious
and theft Name

The basic difference between theft

There is use of a fictitious name
and estafa is that, in estafa, the
when a person uses a name other
offender receives the personal
than his real name.
property with the consent of the
owner under obligation to return or
See: (People v. Yusay, 50 Phil.598)
deliver it, but thereafter, he
converts, or misappropriates the
same or denies its receipt, while in
theft, the offender takes the
property without the consent of the
owner.
 Illegal Recruitment
Estafa through False Pretense
Committed by a person who, without
Committed by any person who shall authority from the government,
defraud another by falsely gives the impression that they have
pretending to possess: the power to send workers abroad
a. Power for employment purposes
b. Influence
c. Qualifications Estafa by pretending to have
bribed a Public Officer
d. Property
e. Credit Committed by any person who would ask
f. Agency money from another for the alleged
purpose of bribing a government
g. Business or imaginary
employee, when in truth and in fact the
transactions
offender intended to convert the money to
his own personal use and benefit
Estafa by postdating a check or issuing
a check in payment of an obligation

Elements:
1. The offender postdated a check, or issued a check in
payment of an obligation.

2. That 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

See: (Ang Tek Lian v. Court of Appeals, 87 Phil.383)

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.
See: (U.S v. Barnes, 3 Phil. 704)

Estafa through fraudulent gambling

Is committed by any person who defrauds another
by resorting to some fraudulent practice to ensure
success in gambling game

See: (People v. Romero, C.A., 503 O.G. 695)

 Estafa by removing,
concealing or destroying
document
Elements;
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.
 ARTICLE 316: OTHER
The penalty
ofarrestomayor in its FORMS OF SWINDING
minimumand medium
periods anda fine of
not lessthan the
valueof the damage
causedand not
morethan three
timessuch value,
shallbe imposed
upon:
 Article 316
ELEMENTS

1.That the thing 2.That the offender 3. That the offender 4. That the act
be immovable, who is not the should have executed be made to the
such as a parcel owner of said an act of ownership prejudice of
of land or a property should (selling, leasing, the owner or a
building. represent that he is encumbering or third person.
the owner thereof. mortgaging the real
property).
ARTICLE 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.
 ARTICLE 318-OTHER DECEITS

Other Deciets:
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.
 ARTICLE 319-CHATTEL MORGAGE
CONTRACT

The penalty or arresto mayor or a fine amounting to twice the value of the
property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the
written consent of the mortgagee, or his executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged,
or any part thereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and noted on the
record hereof in the office of the Register of Deeds of the province where such
property is located.
ARTICLE 320-Destructive Arson
ARTICLE 320-Destructive Arson
ARTICLE 320-Destructive Arson
ARTICLE 321-Other Forms of
Arson
When the arson consists in the
burning of other property and
under the circumstances given
hereunder, the offender shall
be punishable
ARTICLE 322-Cases of arson not included
in the preceding articles.
Cases of arson not included in the next preceding articles shall be punished:
1. By arresto mayor in its medium and maximum periods, when the damage
caused does not exceed 50 pesos;
2. By arresto mayor in its maximum period to prision correccional in its
minimum period, when the damage caused is over 50 pesos but does not
exceed 200 pesos;
3. By prision correccional in its minimum and medium periods, if the damage
caused is over 200 pesos but does not exceed 1,000 pesos; and
4. By prision correccional in its medium and maximum periods, if it is over
1,000 pesos.
ARTICLE 323-Arson of property of small value.
The arson of any uninhabited hut, storehouse, barn, shed, or any other
property the value of which does not exceed 25 pesos, committed at a time
or under circumstances which clearly exclude all danger of the fire
spreading, shall not be punished by the penalties respectively prescribed in
this chapter, but in accordance with the damage caused and under the
provisions of the following chapter.
ARTICLE 324-Crimes involving destruction.
Any person who shall cause destruction by means of explosion,
discharge of electric current, inundation, sinking or stranding of
a vessel, intentional damaging of the engine of said vessel,
taking up the rails from a railway track, maliciously changing
railway signals for the safety of moving trains, destroying
telegraph wires and telegraph posts, or those of any other
system, and, in general, by using any other agency or means of
destruction as effective as those above enumerated, shall be
punished by reclusion temporal if the commission has
endangered the safety of any person, otherwise, the penalty of
prision mayor shall be imposed.
 Article 324
ELEMENTS

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
f. destroying telegraph wires and telegraph posts, or those of any
other system
g. using any other agency or means of destruction as effective as
those above enumerated
ARTICLE 325-Burning
one’s own property as
means to commit arson
Any person guilty of arson or causing
great destruction of the property
belonging to another shall suffer the
penalties prescribed in this chapter, even
though he shall have set fire to or
destroyed his own property for the
purposes of committing the crime.
ARTICLE 326-Setting fire to property
exclusively owned by the offender.
If the property burned shall be the exclusive property
of the offender, he shall be punished by arresto
mayor in its maximum period to prision correccional
in its minimum period, if the arson shall have been
committed for the purpose of defrauding or causing
damage to another, or prejudice shall actually have
been caused, or if the thing burned shall have been a
building in an inhabited place.
ARTICLE 326-A. In cases where
death resulted as a consequence of
arson.

If death resulted as a consequence of arson

committed on any of the properties and under
any of the circumstances mentioned in the
preceding articles, the court shall impose the
death penalty.
ARTICLE 326-B. Prima facie evidence of
arson.
Any of the following circumstances shall constitute prima facie evidence of arson:
1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or
other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.
2. That substantial amount of inflammable substance or materials were stored within the building
not necessary in the course of the defendant’s business; and
3. That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional causes: Provided,
however, That at least one of the following is present in any of the three above-mentioned
circumstances:
(a) That the total insurance carried on the building and/or goods is more than 80 per cent of the
value of such building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented a fraudulent claim for loss.
The penalty of prision correccional shall be imposed on one who plants the articles above-
mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended by
R.A. 5467, approved May 12, 1969)

Article 327 Malicious Mischief
Elements
1. The offender deliberately
caused damage to the
property of another person
2. That such act does not
constitute arson or other
crimes involving destruction
3. The act purpose to damage
another's property be
commuted merely for the
sake of damaging it.
Definition of Malicious
Mischief
the willful damaging of
another's property for the
sake of causing damage
to hate, revenge, or other
evil motive.
Malicious Mischief is
committed by any person
who deliberately causes
damage to property of
another which is not
constitutive of arson.
EXAMPLE:
Case of Grana v. People G. R. NO 202111 November 25, 2019

Teddy and Gil, upon the order of Teofilo and Olive and without Bolbes's consent, entered the subject property by
destroying the iron fence, removing the cement foundation and made diggings until it reached a portion of the
foundation of his apartment, thus, exposing his apartment to danger of being destroyed in case of heavy rains.

DIFFERENCE
MALICIOUS MISCHIEF THEFT

1) Any person. 1) Any person.

2) Cause damage to property of another. 2) Takes personal property of another
3) No intent to gain without the latter's consent
3) There is intent to gain
Article 328 Special Malicious Mischief
- Any person who shall
1. cause damage to obstruct the performance of public functions
2. using any poisonous or corrosive substance
3. spreading any infection or contagious among cattle
4. cause damage to the property of the National Museum or National Library, or to any
archive or registry, waterworks, road, promenade, or any other thing used in common
by the public

The cases mentioned above is so called qualified malicious mischief.

Difference of Special Malicious Mischief to Sedition art 139

The special malicious mischief 1st clause does not require / does not have an element of public and tumultuous uprising.

Example:
2. G is a farmer and has a farm machinery. H used a corrosive substance to form a rust in the machines. It is special cases
malicious mischief
3. Lumpy skin disease is a viral infection of cattle. Q use this viral infection to kill the cattles of R to the purpose of revenge.
4. P holds and throws a significant jar in the national museum that causes it to break into pieces. He committed special case
of malicious mischief.
Art 330 Damages and Obstruction
to Means of Communication
Any person who shall damage any railway, telegraph or
telephone lines.

If the damage shall result in any derailment of cars,

collision or other accident, the higher penalty shall be
imposed.

For the purpose of the provisions of the article, the

electric wires, traction cables, signal system and other
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
Art 331 Destroying or Damaging Statues,
Public Monuments or Paintings

Any person who shall destroy or damage

statues or any other useful or ornamental
public monument or any useful or
ornamental painting of a public nature.

Example :
K painted in the Rizal National Monument
in Luneta Park. K is liable for Art 331.
1. IT IS A CRIME COMMITTED
BY ANY PERSON WHO
BURNS A PROPERTY.
 2. ESTAFA IS THE
LEGAL TERM OF ___.
 3. WHAT ARTICLE STATES THAT ANY
PERSON WHO PRETENDS TO BE THE
OWNER OF A REAL PROPERTY AND
CONVEYS SELLS, ENCUMBERS OR
MORTGAGE ARE THE SAME.
 4. X, IS A TREASURER OF A COMPANY, PLACED 1
MILLION IN THE CORPORATE FUND IN THE MONEY
MARKET IN HIS NAME WITHOUT THE KNOWLEDGE
OF THE OFFICERS OF THE COMPANY. BUT X
EVENTUALLY RETURNED THE 1 MILLION TO THE
COMPANY AND KEPT THE INTEREST INCOME OF IT.
WHAT CRIME IS COMMITTED?
 5. D KILLED E'S DOG BY
POISONING IT. WHAT CRIME
IS COMMITTED?
6. WHAT ARTICLE IS
COMMITTED BY H IF HE
VANDALIZED THE BONIFACIO
MONUMENT?
7. A GUY BURNED A TRAIN DEVOTED TO
TRANSPORTATION FOR PUBLIC USE. IS
IT SIMPLE ARSON OR DESTRUCTIVE
ARSON?
8. THE ACCUSED RECEIVED THE PROPERTY
WITH THE CONSENT OF THE OWNER, BUT
ACQUIRED MERELY DE FACTO, PHYSICAL
POSSESSION AND HE FAILED TO RETURN,
RUNNING AWAY. IS THE CRIME COMMITTED
ESTAFA OR THEFT?
9. D WENT ON VACATION ABROAD AND HE
LEFT HIS HOUSE FOR 3 DAYS. ON THE 2ND
DAY L BROKE THE DOORS OF HIS HOUSE
AND ROBBED D’S JEWELRY. WHAT KIND
OF ROBBERY IS COMMITTED?
 9. IT IS ANY PERSON WHO
SHALL ABSCORD WITH HIS
PROPERTY TO PREJUDICE OF
HIS CREDITOR.
10. Y TOOK ADVANTAGE OF Z, A MINOR
WHO IS INEXPERIENCED TO INDUCE
HIM TO GIVE OR TRANSFER THE
PROPERTY RIGHT IN A PERSONAL
PROPERTY.
11. H, IS A SECRET AGENT THAT HAS A
MISSION TO TAKE THE HIYAS NI URDUJA
IN THE NATIONAL MUSEUM. DURING HIS
MISSION HE WAS CAUGHT IN THE ACT.
WHAT CRIME DID HE COMMIT?