What is Crime Against Property?

Crime Against Property are crimes that are directed to a person's belongings,
intellectual properties and money. It includes many common crimes relating to theft or
destruction of someone else's property'. It is any action whether by theft or destruction
and without permission from the rightful owner, to intentionally permanently deprive, or
risk depriving, an individual or commercial entity from their physical or virtual property.

Crimes against property can range from lower level offenses such as shoplifting or
vandalism to high-level felonies including armed robbery and arson. The object of
crimes against property, such as, robbery, bribery, and burglary, is to obtain money,
property, or some other benefit from a victim or destruction of someone else's property
as in the crime of arson. Some such crimes against property do not require the offender
to make off with stolen goods or even to harm a victim, for instance burglary, which only
requires unlawful entry with the intent to commit a crime. While others require the actual
taking of money or property. Moreover, some, such as robbery, require a victim present
at the time of the crime.

Robbery

According to the 1930 Revised Penal Code of the Philippines, any person who, with
intent to gain, shall take any personal property belonging to another, by means of
violence or intimidation of any person, or using force upon anything shall be guilty of
robbery'. Robbery is theft accomplished by violence or the threat of violence. It almost
always requires the presence of a victim who is threatened with bodily harm.

Elements of the Crime of Robbery

The PNP Criminal Investigation Manual (2011), states that the elements of robbery are
as follows":

1. The personal property belongs to another.

2. The unlawful taking of that property.

3. With intent to gain (animus lucrandi').

4. Violence against or intimidation of any person or force upon things.

5. The offense can be committed by a band or with the use of firearms on a street, road
or alley or by attacking a moving train, street car, motor vehicle or airship or by entering
or taking the passenger conveyance by surprise.
6. Other analogous acts.

Robbery with Violence or Intimidation of Persons

Robbery is oftentimes accompanied by violence or intimidation of another person. The

elements of these are as follows:

. The personal property belongs to another.

. The unlawful taking of that property.

. With intent to gain (animus lucrandi).

. The taking is with violence against or intimidation of persons.

Five classes of Robbery with Violence or Intimidation

Robbery with violence or intimidations of persons, takes five classifications,

namely:

1. Robbery with homicide

2. Robbery with rape, intentional mutilation. or the physical injuries

3. Robbery with physical injuries.

4. Robbery committed with unnecessary violence or with physical injuries

5. Robbery in other cases, or simply robbery where the violence against or intimidation
of persons cannot be subsumed by or where it is not sufficiently specified so as to fall
under, the first four.

Robbery by the Use of Force upon Things

Elements of Robbery by the Use of Force upon Things are:

The is taking of personal property:

The personal property belong to another;

The taking is with animus lucrandi;

• The taking is with force upon things.

Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship

The malefactors shall enter the house or building in which the robbery was committed,
by any of the following means (RA 3815, 1930, Section 299):

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending to exercise

public authority.

Or if the robbery be committed under any of the following circumstances (RA 3815,
1930, Section 299):

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of
the robbery

Inhabited house- means any shelter, ship or vessel constituting the dwelling of one or
more persons, even though the inhabitants are temporarily absent from it when the
robbery is committed.

Robbery in an Uninhabited Place or in a Private Building

The following circumstances is present in Robbery in an Uninhabited Place or in

a Private Building (RA 3815, 1930, Section 302):

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

2. If any wall, roof, floor or outside door or window has beenbroken.

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 is broken open elsewhere.

The term "false keys" includes (RA 3815, 1930, Section 305):

1. The tools mentioned in the preceding articles like picklocks.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened
by the offender.

Brigandage

Brigands, also known as Highway Robbers, are a group of more than three armed
persons forming a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of force and violence (RA 3815, 1930,
Section 306).

According to the Anti-Piracy and Anti-Highway Robbery Law of 1974, Brigandage is the
seizure of any person for ransom, extortion or other unlawful purposes, or the taking
away of the property of another by means of violence against or intimidation of person
or force upon things of other unlawful means, committed by any person on any
Philippine Highway

Theft

According to the 1930 Revised Penal Code of the Philippines, theft is committed by any
person who, with intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the latter's
consent.

Theft is also committed by the following (RA 3815, 1930, Section 308):

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;

2. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruits or object of the damage caused by him; and
3. 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, shall hunt or fish upon
the same or shall gather cereals, or other forest or farm products.

Four Modes of Theft

1. Asportation. It is the carrying away of someone else's property that is an element of

larceny." The taking away is accomplished without violence or intimidation against a
person or force upon things.

2. Lost Property- The perpetrator finds a lost item/ Property and failed or did not intend
to deliver the lost property to its rightful owner (Del Puerto, 2021).

3. Damage to Property- The offender maliciously damages the property of others, and
he removes or makes use of the fruits or objects of the damage caused by him (Del
Puerto, 2021).

4. Hunting or Gathering- The violator enters an enclosed estate or a field without any
consent of the owner, and where trespass is forbidden. He hunts or fishes, or gathers
crops without the consent of the owner (Del Puerto, 2021).

Qualified Theft

Qualified theft is a crime of theft committed by the following (RA 3815, 1930, Section
310):

1. A domestic servant,

2. With grave abuse of confidence,

3. If the property stolen is motor vehicle, mail matter or large cattle or consists of
coconuts taken from the premises of the plantation or fish taken from a fishpond or
fishery, or

4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or

any other calamity, vehicular accident or civil disturbance.

Swindling

Swindling also known as Estafa, it is an act of defrauding another person by any of the
following means:
1. Unfaithfulness or abuse of confidence:

a. Altering the quality, quantity,and substance of the subject matter in a contract;

b. Misappropriating or converting someone else's money, goods, or any other personal

property; or denying these from them;

c. Taking advantage of a signature in blank

2. Deceit or fraudulent acts:

a. Using a fictitious identity to deceive another;

b. Altering quality, fineness or weight of anything pertaining to art or business;

c. Issuing unfunded or postdated checks;

d. Availing of services from hotels, restaurants, inns, etc. without paying for them

3. Fraudulent means:

a. Inducing another, through deceit, to sign any document;

b. Resorting to fraudulent practice to ensure success in a gambling game;

c. Removing, concealing or destroying (in whole or in part) any court record, office files,
document, or any other papers.

According to the Revised PNP Criminal Investigation Manual (2010) the elements of
Estafa are:

1. There is deceit.

There is damage or prejudice to the offended party.

3. The deceit is through unfaithfulness or abuse of confidence.

4. Some by means of false pretenses or fraudulent acts or means.

5. Other analogous acts/

Syndicated Estafa
Syndicated Estafa is a swindling (estafa) that is committed by a syndicate consisting of
five or more persons formed with the intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation results in the misappropriation
of money contributed by stockholders, or members of rural banks, cooperative,
"samahang nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public.

The following standards by which a group of purported swindlers may be considered as

a syndicate under PD No. 16899:

.They must be at least five (5) in number;

They must have formed or managed a rural bank, cooperative, "samahang nayon,"
farmer's association or any other corporation or association that solicits funds from the
general public.

They formed or managed such associations with the intention of carrying out an
unlawful or illegal act, transaction, enterprise or scheme i.e., they used the very
association that they formed or managed as the means to defraud its own stockholders,
members and depositors.

Malicious Mischief

Malicious mischief are attempts against another's property inspired sometimes by

hatred or a desire for revenge and sometimes by the mere pleasure of destroying."
According to the Revised Penal Code of the Philippines, Any person who shall
deliberately cause the property of another any damage not falling within the terms of the
next preceding chapter shall be guilty of malicious mischief (RA 3815, 1930, Section
327). The elements of the crime of malicious mischief are:""

. That the offender deliberately caused damage to the property of another;

That such act does not constitute arson or other crimes

involving destruction;

That the act of damaging another's property be committed

merely for the sake of damaging it.

Types of Malicious Mischiefs

Types of Malicious mischiefs are (RA 3815, 1930, Section 328):

1. Causing damage to obstruct the performance of public functions,

2. Using any poisonous or corrosive substance;

3. Spreading any infection or contagion among cattle;

4. Causing 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

Bouncing Checks

Bouncing Checks is an act of making or drawing and issuance of a check without

sufficient funds or credit." This also includes any person who, having sufficient funds in
or credit with the drawee bank when he makes or draws and issues a check, shall fail to
keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for which
reason it is dishonored by the drawee bank.

Arson

Arson is the intentional burning or setting fire to the property of another or own property
under circumstances which expose to danger the life or property of another.24 The
elements of the crime of Arson are (PNP, 2011, p. 176):

1. Actual burning took place.

2. Actual burning is done with malicious intent.

3. The actual burning is done by a person(s) legally and

criminally liable.

Destructive Arson

According to the Presidential Decree 1613 (1979), it is considered as destructive arson

if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property

5. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceedings.

6. Any hospital, hotel, dormitory, lodging house, housing

tenement, shopping center, public or private market,

theater or movie house or any similar place or building.

7. Any building, whether used as a dwelling or not, situated in a populated or congested

area.

Other Cases of Arson

The following are other cases of Arson (PD 1613,1979, Section 3):

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine

shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove
or forest;

5. Any rice mill, sugar mill, cane mill or mill central; and

6. Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances in Arson

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;

4. If committed by a syndicate.

Levels of Offense for Arson

According to the PNP Revised Criminal Investigation Manual (2011) here are the level
of offense for the crime of Arson:

1. Attempted Arson

The Suspect gets a rag and soaks it in kerosene with intent to burn the house of the
victim, his enemy. Suspect puts the rag in a combustible portion of the victim's house
and when in the act of striking his match in order to burn the rag soaked with kerosene,
Suspect is arrested by a policeman who happens to pass by.

The Suspect begins the commission of the felony directly by overt acts but does not
fulfill all the acts of execution necessary to produce the felony by reason of the timely
arrival of the policeman.

2. Frustrated Arson

The Suspect, with intent to burn, puts the rag soaked with kerosene in the combustible
part of the victim's house. A lights the rag and while it is burning, Suspect runs away.
Before the fire from the rag consumes any part of the house, the victim discovers it and
extinguishes the fire.

Suspect had already performed all the acts of execution necessary to produce the
felony but the felony was not produced by the reason of the timely arrival of the victim,
which is independent of the will of Suspect.

3. Consummated Arson

The Suspect, with intent to burn, lights a rag soaked with kerosene in the combustible
part of the victim's house. But before the fire was extinguished by the victim, it had
already burned a small portion of the house.

The Suspect had already performed all the acts of execution necessary to produce the
felony. The consummation of the crime does not depend upon the extent of damage
caused. Any charring of the wood or any structure, whereby the fiber of the wood is
destroyed, is already sufficient. It is not necessary that the wood or structure should be
ablaze. Setting fire to the contents inside the building can constitute a consummated
crime of arson, regardless if no part of the building was burned.

Exceptions from Criminal Liability in Crimes against Property

According to the Revised Penal code of the Philippines (1990), No criminal, but only
civil liability, shall result from the commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following persons (RA 3815, 1930,
Section 332):

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

LEGAL PROVISIONS ON CRIMES AGAINST PROPERTY

Revised Penal Code The Republic Act 3815, of 1930, commonly known as the Revised
Penal Code of the Philippines. It is an act revising the Penal code and other Penal Laws
of the Philippines. It contains the general penal laws of the Philippines. First enacted in
1930, it remains in effect today, despite

several amendments on it.

It consists of two books; the first book deals with the general provisions regarding the
date of enforcement and application of the provisions of the Revised Penal Code, and
regarding the offenses, the persons liable and the penalties (RA 3815, 1930, Book
One). While the second book deals with different categories of crimes and it designated
penalties (RA 3815, 1930, Book One).

The provisions on Crimes Against Property and its corresponding

penalties were presented on Title number 10 of the Book 2. The list of

property crimes enumerated on it are:

1. Robbery,

2. Brigandage,

3. Theft,
4. Usurpation,

5. Culpable Insolvency,

6. Swindling/ Estafa,

7. Chattel Mortgage,

8. Malicious Mischief, and

9. Arson and other Crimes involving Destruction