Title X - Crimes Against Property

8/13/2019 Title X - Crimes Against Property

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Criminal Law II, Prof. IRJimenez

To be used only as reference for an

accompanying lecture

Title XCrimes Against Property

Prof. Ildefonso R. Jimenez

U.P. College of law

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Crimes Against Property

1.Taking Robbery, Theft, Brigandage,

Usurpation of Real Property,

& Culpable Insolvency

2.Misappropriation - Estafa

3.Destruction Arson, Malicious Mischief

3

Robbery


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4

Elements of Robbery

1. Intent to gain

2. Taking3. Personal property

4. Of another

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Elements of Robbery

1.Intent to gain

2.Taking

3.Personal property

4.Of another

5.Means

a.Violence against or

intimidation of persons

b.Force upon things

}

} same for Theft

}

}

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1. Intent to gain

Animus lucrandi presumed

Not under bona fide claim of ownership

Need not be personal gain Permanent vs. temporary taking

Disturbance of property rights sufficient

Borrowing - Utility as gain


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2. Taking

Property not received or found, nor

possession withheld Unlawful

w/o legal authority

not legally seized prior to taking (P v. Sana

Lim)

Place under control

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3. Personal property

Anything transportable

Includes prohibited articles

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4. of another

Not necessarily of the owner

Co-owner cannot be liable


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Two kinds of robbery

1. With violence against or intimidation of

persons Art. 294-2982. With force upon things Art. 299-305

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Robbery with violence against

or intimidation of persons

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Determinants of the penalty

1. Violence or intimidation (Art. 294)

2. Place and use of firearm (Art. 295)

3. If committed by a band (Art. 295 & Art.296)

4. If mail matter or large cattle (Art. 302)


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Art. 294 - Violence or intimidation - By

reason or on occasion of, or accompanying,

the robbery

1. Homicide, rape, mutilation, arson

2. Serious Phy. Inj. - Art. 263(1)3. Serious Phy. Inj. - Art. 263(2)

4. Serious Phy. Inj. - Art. 263(3) & (4)

5. Other cases, e.g. less serious or slight

physical injuries

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By reason or on the occasion

Intent to commit robbery must precede the

other crimes (P v. Naag; P v. Suyu)

Even if the actual killing, rape, arson, or

injury is committed before the robbery is

consummated (P v. Ponciano)

Includes accidental killings (P v.

Mangulabnan)

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By reason or on the occasion

To eliminate obstacles (P v. Libre)

To escape & defend possession (P v.Salamuddin; P v. Java)

To suppress evidence (P v. Madrid)

Includes killing bystanders (P v. Disimban)or co-robbers (except underArt. 294 par.4)

Includes crossfire (P v. Marquez)


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Robbery with Homicide/Rape

Special complex crime NOT Art. 48

Homicide / Rape is generic As to kind - murder, parricide, or homicide- rape or sexual assault

As to number (P v. Ponciano)

Additional deaths or rapes NOT aggravating (Pv. Sultan)

Absorbs injuries to other persons (P v. Cabbab)& other rapes (P v. Suyu)

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Robbery with Homicide/Rape

Killing/rape must be consummated (P v.

Lagmay); if not, separate felonies

Art. 297 - Attempted/frustrated robbery w/

homicide

Participant in the taking also liable for

robbery with homicide, even if he did not

participate in the killing (P v. Liad)

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With violence or intimidation

Essence is still crime against property

Intent to gain determines whether specialcomplex, complex, separate or continuing

crime Taking determines stage of commission

Is treachery aggravating? (P v. Arizobal, Pv. Escote, and P v. De Jesus)


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Art 295 - With physical injuries

under Art. 294 (3), (4), and (5)

Special aggravating circumstances of:

a. Uninhabited place;b. Band;

c. Attacking train, motor vehicle, plane, ship,etc., or passengers rooms; OR

d. Street, road, etc. AND use of firearm

Generic aggravating under Art. 294 (1) &(2)

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Band more than 3 armed

persons (Art. 296)

Member liable as principal in any assault

EXCEPT if he tried to prevent it

Maximum penalty on all members if any of

the firearms used is unlicensed

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Art. 298 Execution of deeds

by violence & intimidation Constructive taking - effect is the same

as forcible taking

Same penalty as robbery


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Robbery with the use offorce upon things

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2 kinds of robbery with the use of force

upon things:1. Art. 299 - In an inhabited house, public

building, or edifice devoted to religious

worship

2. Art. 302 - In an uninhabited place or in

a private building

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Elements of Art. 299 (a)

1.Taking of personal property of another

2. Intent to gain

3. Entry into inhabited house, publicbuilding, or edifice devoted to religious

worship


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Place of commission

Inhabited house dwelling, even if

occupants temporarily absent Public building owned or rented by

Govt., even if temporarily vacant

Edifice of religious worship

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Elements of Art. 299 (a)

1.Taking of personal property of another

2. Intent to gain

3. Entry into inhabited house, public building, oredifice devoted to religious worship

4.Entry thru or by:a.Opening not for entrance or egress;

b.Breaking any wall, roof, floor, door or window;

c. False keys, picklocks or similar tools; or

d.Fictitious name or pretend exercise of public authority

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Entry

Opening not intended for entrance or

egress

Entire body must enter

Break external doors, walls, ceilings


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False keys or picklocks

Art. 305 includes keys stolen from owner

If stolen w/ violence or intimidation, thenrobbery under Art. 294

Art. 304 punishes mere possession of

picklocks

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Elements of Art. 299 (b)

1. Offender enters not thru Art. 299(a)

2. Takes personal property of another with

intent to gain by:

a. Breaking doors, wardrobes, chests, or other

locked or sealed furniture or receptacle; or

b. Taking such furniture or objects away to be

broken or forced open elsewhere

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Art. 299-Modifying circumstances

1. Uninhabited placeAND Band Maximum period Art. 300

2. Value of property < P250AND/OR

offender is not armed lower penalty3. Nature of property taken

1 higher if mail matter or cattle

1 lower if cereals, fruits or firewood

4. Dependency - 1 lower


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Dependency

Any interior court, barn, garage or

enclosed place contiguous to the building,has interior entrance & forms part of the

whole

Does not include orchards & lands used

for cultivation

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Elements of robbery in an

uninhabited place (Art. 302)

1. Enter an uninhabited place (house) or abuilding which is not a dwelling, publicbuilding, or church

2. Take personal property belonging toanother with intent to gain

3. Any of the circumstances under Art 299(a) or (b) EXCEPT using fictitious name orpretense of public authority

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Art. 302 - Modifying

circumstances1. Value of property < P250

2. Nature of property taken

1 higher if mail matter or cattle

1 lower if cereals, fruits or firewood


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Factors to consider in robbery

Violence1. Result of violence

2. Place

3. Band

4. Use of firearm

5. Nature of property

Force

1. Type of structure2. Value of property

3. Whether armed

4. Nature of property

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Brigandage Art. 306

More than 3 armed persons

Formed to commit robbery on thehighway, kidnapping for ransom, or forother purpose to be attained by violence

If any carry unlicensed firearms, presumedbrigands; max period

PD 532 Highway Robbery

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Aiding & abetting brigands Art.

307 Knowingly helping brigands, such as by

providing information, receiving property

Punished like accomplices

Knowledge presumed from acts of aid

Like brigandage, preventive measure


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Theft Art. 308-311

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Elements of theft

a. Taking of personal property

b. Property belongs to another

c. Intent to gain

d. Without violence against or intimidation of

persons or force upon things (P v.

Gulinao; P. Consajero)

e. Without the consent of the owner

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Also liable for theft

1. Finder of lost property who fails to return it to

owner or deliver it to proper authority

2. One who, having maliciously damaged

property, removes or makes use of fruits orobjects of damage

3. One who hunts, fishes or gathers farm or

forest products after trespassing on anothers

enclosed property


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Determinants of penalty

1. Value - from P5 to >P22,000

- max penalty is RT2. Nature of thing stolen

Motor vehicle, large cattle, mail matter,

coconuts, fish Qualified(A 310); PD 533,

Anti Cattle Rustling Law; People v. Escarda

Property of Natl Museum/Library (A311)

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Determinants of penalty

3. Circumstances

Motivation hunger or poverty [A309(8)]

Abuse of confidence Qualified (A310)

On the occasion of fire, calamity, vehicular

accident, etc. Qualified (A310)

Constructive taking


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Elements of Estafa

1. To defraud another

2. Through:a.Abuse of confidence and/or

b.Deceit

3. Damage

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1. With unfaithfulness/abuse of

confidence

(a) Alter substance, quantity, or quality of

anything of value

(b) Misappropriate or convert money or

property received

(c) Take undue advantage of a signature

in blank, or write any document above

such signature in blank

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Art. 315(1)(a) - Alter substance,

quantity, or quality of thing of value

Onerous obligation to deliver

Includes obligations based on immoral or

illegal considerations


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Art. 315(1)(b) - Misappropriate or

convert money or property

Elements

1. Receipt of funds or property2. In trust, on commission, for administration,

or obligation with duty to deliver or return

3. Misappropriation or conversion

4. Damage

Includes denying receipt

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1. Receipt of funds/property

Juridical possession legal or contractual

possession that can be set up even

against the owner

Physical possession temporary

possession that cannot be asserted

against the owner

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2. Obligation to deliver or return

said funds/property e.g., trust, agency, lease, deposit, quasi-

contract

No ownership transferred, e.g. down

payment, loan

Demand required, except:

Return or delivery on specified date/period

Offender in hiding


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3. Misappropriation/conversion

To use as ones own or subject to ones

disposition Partnership funds or property

Specific purpose - estafa (Dela Cruz v CA)

General purpose - civil liability (US v Clarin)

Unlike malversation, estafa cannot be committed

by negligence

Includes denying receipt

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4. Damage or prejudice

Any damage - need not be damage to the

owner

Gain by offender not necessary

Even temporary damage P v Sevilla

Novation as a defense

c.f. Malversation of Public Funds

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Art. 315(1)(c) - Take undue advantage of a

signature in blank, or write any document

above such signature in blank

Offender entrusted with signature in

blank

c.f. Falsification [A171], Simulation of

Contract [A316(4)], Inducing Another to

Sign [A315(3)(a)]

To the damage of the offended party or

third party

If without damage Malicious Mischief


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Art. 315(2) - False pretenses or fraudulent

acts prior to, or simultaneously with, the

commission of the fraud

(a) Use fictitious name, or pretend to posses power,influence, etc.;

(b) Alter quality, fineness, or weight of thing pertainingto his art or business (Erquiaga v. CA);

(c) Pretend to have bribed Government employee;

(d) Post-date a check; and,

(e) Obtain food/lodging without paying, with intent todefraud.

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Issuance of checks

Art. 315(2)(d)

Check issued prior to or

simultaneous with

obligation for value

Drawer does not have

sufficient funds to cover the

check; implied knowledge

Payee was not informed

that drawer has no funds

Dishonor

B.P. 22 Issue a check on

account or for value

Knowledge of lack offunds; impliedknowledge

Dishonor

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Art. 315(3) - Through fraudulent

means:(a) Inducing another, by means of

deceit, to sign any document

(b) Resorting to fraudulent practices to

insure success in gambling

(c) Removing, concealing or destroying,

in whole or in part, any court record,

office files, document or any other

papers


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accompanying lecture 2

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Robbery vs. Theft vs. Estafa

Unfaithfulness,

deceit or fraud

Receiving/

Converting

Estafa

Without

violence/force

& w/o consent

TakingTheft

Violence or

force

TakingRobbery

MeansProperty ofanother

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ART. 316. Other forms of swindling

1. Sell, encumber, or mortgage real property, pretending to

be owner

2. Sell encumbered real property, even unrecorded

3. Owner takes personal property from its lawful possessor

4. Execute fictitious contract

5. Accept compensation for services not performed

6. While being surety in a bond given in a criminal or civil

case, sell/mortgage properties

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ART. 317. Swindling a minor

Take advantage of inexperience, feelings

& emotions

Induce him to assume obligation, release

obligation, or transfer property rights

In consideration of a loan of money, credit

or other personal property


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ART. 318. Other deceits

1. Defraud or damage another by any other

deceit2. Interpret dreams, make forecasts, tell

fortunes or take advantage of incredulity of

the public

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Art. 319 Removal, sale or pledge

of mortgaged property

1. Any person who knowingly removes

mortgaged personal property from

province or city where it was located w/o

written consent

2. Mortgagor who sells, mortgages, or

pledges personal property already

pledged or mortgaged w/o consent

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ART. 332 - Exemption in theft, swindling

and malicious mischief

1. Spouses, ascendants and descendants,

or relatives by affinity in the same line

2. Widowed spouse wrt property of

deceased spouse

3. Brothers and sisters and brothers-in-law

and sisters-in-law, if living together


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Arson

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Arson

Definition

Generally, burning of anothers property

If your own, still arson if burning endangered

life or property of another or to defraud

another

Destructive arson - Art. 320 (PD1744,

RA 7659)

PD 1613

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ART. 320. Destructive Arson

1. One (1) or more buildings in one single act,simultaneous burnings, or different occasions

2. Public or private building where people usually gather

3. Train, ship, airplane

4. Building for public utilities5. To conceal or destroy evidence, conceal bankruptcy,

defraud creditors, or collect insurance

6. By two (2) or more persons

7. Any arsenal, shipyard, fireworks factory, ordnance,archives or general museum of the Government

8. In an inhabited place, any storehouse or factory ofinflammable or explosive materials


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Sec. 3, PD 1613 - Other cases of

arson

1. Inhabited house or dwelling

2. Industrial establishment3. Plantation, farm, orchard, etc.

4. Rice mill, sugar mill, cane mill

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Sec. 4 Special aggravating

circumstances

1. Committed with intent to gain

2. Committed for the benefit of another

3. Out of spite or hatred

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Sec. 6 Prima facie evidence of

arson

1. Simultaneous fires

2. Storage of unnecessary amount of flammablematerials

3. Substances, materials or contrivances to starta fire found in ruins or premises

4. Excessive insurance

5. More than 2 fires during term of one policy

6. Insured effects removed from the buildingshortly before the fire

7. Demand for money made before the fire


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Special rules in arson

Sec. 7 Conspiracy to commit arson

punished by Prision Mayorminimum Sec. 8 Building and land confiscated and

escheated unless owner proves he had no

participation in or knowledge of the arson

despite exercise of due diligence

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ART. 327. Malicious Mischief.

Deliberately cause damage to property of

another not considered arson

Hate, revenge, spite, or prank

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ART. 328. Special cases of

malicious mischief1. Cause damage to obstruct the performance of

public functions

2. Use poisonous or corrosive substance

3. Spread infection or contagion among cattle

4. Cause damage to property of NationalMuseum or National Library, or to any archiveor registry, waterworks, road, promenade, orany other thing used in common by the public

Penalty depends on amount of damage


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Art. 329. Other mischiefs

Not included in special malicious mischiefs

Penalty depends upon amount of damagecaused or if amount of damage cannot be

estimated

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Special cases of damage

Art. 330 - Damage & obstruction to means

of communication Damage railway, telegraph or telephone lines

Includes electric wires, traction cables, signal system

& other accessories of railways

Higher penalty if damage causes derailment, collision

or accident, plus penalty for other consequences

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Special cases of damage

Art. 331 Damage to statues, public

monuments & paintings


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Questions?

Documents

Title X - Crimes Against Property