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8/13/2019 Title X - Crimes Against Property
1/26
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
2
Crimes Against Property
1.Taking Robbery, Theft, Brigandage,
Usurpation of Real Property,
& Culpable Insolvency
2.Misappropriation - Estafa
3.Destruction Arson, Malicious Mischief
3
Robbery
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
4
Elements of Robbery
1. Intent to gain
2. Taking3. Personal property
4. Of another
5
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
7
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
8
3. Personal property
Anything transportable
Includes prohibited articles
9
4. of another
Not necessarily of the owner
Co-owner cannot be liable
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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
10
Two kinds of robbery
1. With violence against or intimidation of
persons Art. 294-2982. With force upon things Art. 299-305
11
Robbery with violence against
or intimidation of persons
12
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
13
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
14
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)
15
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
16
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)
17
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)
18
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
19
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)
20
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
21
Art. 298 Execution of deeds
by violence & intimidation Constructive taking - effect is the same
as forcible taking
Same penalty as robbery
8/13/2019 Title X - Crimes Against Property
8/26
Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
Robbery with the use offorce upon things
23
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
24
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
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
25
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
26
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
27
Entry
Opening not intended for entrance or
egress
Entire body must enter
Break external doors, walls, ceilings
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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
28
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
29
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
30
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
31
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
32
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
33
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
34
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
35
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
36
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
37
Theft Art. 308-311
38
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
39
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
40
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)
41
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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8/13/2019 Title X - Crimes Against Property
16/26
Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
46
Elements of Estafa
1. To defraud another
2. Through:a.Abuse of confidence and/or
b.Deceit
3. Damage
47
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
48
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
49
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
50
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
51
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture
52
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
53
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
54
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
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
55
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.
56
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
57
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
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 2
58
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
59
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
60
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture 2
61
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
62
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
63
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture 2
64
Arson
65
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
66
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture 2
67
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
68
Sec. 4 Special aggravating
circumstances
1. Committed with intent to gain
2. Committed for the benefit of another
3. Out of spite or hatred
69
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture 2
70
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
71
ART. 327. Malicious Mischief.
Deliberately cause damage to property of
another not considered arson
Hate, revenge, spite, or prank
72
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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Criminal Law II, Prof. IRJimenez
To be used only as reference for an
accompanying lecture 2
73
Art. 329. Other mischiefs
Not included in special malicious mischiefs
Penalty depends upon amount of damagecaused or if amount of damage cannot be
estimated
74
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
75
Special cases of damage
Art. 331 Damage to statues, public
monuments & paintings
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Criminal Law II, Prof. IRJimenez
Questions?