TITLE TEN

CRIMES AGAINST
PROPERTY

(Articles 246-267-D)
 CHAPTER 1:

ROBBERY IN GENERAL
ARTICLE 293 – ROBBERY

Robbery is committed by any person, who with intent to gain shall take any
personal property belonging to another by means of violence against, or
intimidation of any person, or using force upon anything.

ELEMENTS OF ROBBERY:
1. That the offender unlawfully takes a personal property
2. That the said personal property belongs to another person
3. There must be intent to gain in the taking of the said property
4. That the said taking is either by means of violence against, or
intimidation of any person, or using force upon anything
ARTICLE 293 – ROBBERY

UNLAWFUL TAKING – is the deprivation of the offended party of his

personal property with an element of permanency. So, it is necessary that in
taking the personal property from another person, there is an element of
permanency.

The law requires that the property must be personal property, not real
property because real property is under Article 312 – Occupation of real
property.

The personal property must belong to another person because if it does not
belong to another person it cannot be said that there is intent to gain on the
part of the offender. The law requires that there must be intent to gain.
ARTICLE 293 – ROBBERY
Two ways of committing robbery:

1. Robbery with violence against or intimidation (Art.294)

2. Robbery with the use of force upon things (Art.299)

• The value of the property taken in robbery with violence against or

intimidation against people is immaterial because the penalty is dependent
on the violence used by the offender against the offended party.
• However, in Robbery with the use of force upon things (Art.299), the
value of the property taken is material because the penalty is dependent
on the value of the property taken.
 CHAPTER 1:
Section 1
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
The following acts constitute robbery with violence against or
intimidation of persons:
1. When by reason or on occasion of the robbery, the crime of homicide is
committed.
2. When robbery is accompanied by rape or intentional mutilation or
arson.
3. When by reason or on occasion of such robbery, any of the physical
injuries resulting in insanity, imbecility, impotency or blindness is inflicted.
4. When by reason or on occasion of robbery, any of the physical injuries
resulting in the loss of the use of speech or the power to hear or to smell, or
the loss of an eye, a hand, foot, an arm, or a leg or the loss of the use of any
such member or incapacity to go to work in which the injured person is
thereto habitually engaged is inflicted.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
5. If violence or intimidation employed in the commission of the robbery
is carried to a degree clearly unnecessary for the commission of the
crime
6. When in the course of its execution, the offender shall have inflicted
upon any person not responsible for the commission of the robbery any
of the physical injuries in consequence of which the person injured becomes
deformed or loses any other member of his body or loses the use thereof or
becomes ill or incapacitated for the performance of the work in which
he is habitually engaged for more than 90 days or the person injured
becomes ill or incapacitated for labor for more than 30 days
7. If violence employed by the offender does not cause any of the serious
physical injuries defined in Article 263, or if the offender employs
intimidation only.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

ROBBERY WITH HOMICIDE

Robbery with homicide is a special complex crime or a composite

crime or a single indivisible offense. In reality two or more crimes
have been committed, the robbery and the homicide yet, in the eyes of
the law only one crime, a single indivisible offense of robbery with
homicide.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
When should the killing or the homicide take place?
• In case of robbery with homicide, for as long as the original intent of the
offender, for as long original criminal design is to commit robbery or to
rob, the killing may take place before, during or after the said robbery
provided, that the original intent/ original criminal design is to commit
robbery or to rob.

NOTE: Since it is a special complex crime, regardless of the number of the

persons killed there is only one single indivisible offense of robbery with
homicide. Even if the killing is an unintentional killing or accidental killing
still, it is a single indivisible offense of robbery with homicide.
Even if the victim of the said robbery is different from the victim of the
killing, it is still robbery with homicide!!
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Q: So let us say, A entered the house of B in order to commit
robbery. He took the valuables therein and after taking the jewelry
suddenly the box of jewelry fell so X was awaken. When A saw that
X was awaken, A shot X. X died.

What crime is committed?

A: Robbery with homicide because by reason or on

occasion of robbery, homicide was committed.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Q: What if in the same problem, when X was awaken, the robber, A,
shot X. The wife was also awakened and so the wife started
shouting so A also shot the wife. The wife also died.

What crime is committed?

A: Two persons are killed still, the crime committed is still a single
indivisible offense of robbery with homicide. All the killings are
merged into a composite intergraded whole that is a single
indivisible offense of robbery with homicide.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Q: What if let us say, in the same problem, so A went to the house
of X and took the jewelry. He was on his way out when he bumped
the door and so the owner of the house was awakened. A went
down and saw the back of the robber. He chased the robber. In the
garden, A tried to shoot the owner of the house and so A jumped
on him and they struggled for the possession of the gun. In the
course of struggle for the possession of the gun, the gun fired
hitting a ballot vendor passing by. The ballot vendor died.

What crime/s is committed?

ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

A: The crime committed is still the single indivisible offense of

robber with homicide. Since it is a special complex crime, even if
the victim of the robbery is different from the victim of the
homicide, it is still robbery with homicide.

Even if it is only accidental killing it is still robbery with homicide

so long as the killing is by reason or on occasion of the said
robbery.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

Q: So what if, A, B, and C entered the house of X in order to

commit robbery. They have already taken the valuables
when the owner of the house was awakened. It was only A
who saw the owner of the house was awaken and so A shot
X and killed him.

Are they all liable for robbery with

homicide or only A who shot X?
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

A: All of them are criminally liable for the crime of robbery

with homicide. Under Article 8, that in case of an express or
direct conspiracy, the conspirators are liable only for the crime
agreed upon.

The crime agreed is to commit robbery but how come all of

them are liable for homicide?
Because it falls under the exception that when the resulting felony
is a special complex crime because you cannot separate or
divide a special complex crime.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

ROBBERY WITH RAPE

Just like robbery with homicide, is also a special complex crime or

a single indivisible offense. So, for as long as the intention of the
offender is to commit robbery, rape may be committed before,
during or after the commission of robbery. Since it is a special
complex crime, regardless of the number of times the victim was
raped, the crime committed is only robbery with rape. There is no
such crime as robbery with multiple rapes. There is only
robbery with rape.
ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

Q: The woman, W, was walking when a man, M, appeared

in front of her. He boxed the woman and carried the
woman to a secluded place and had carnal knowledge with
her against her will. After, he had carnal knowledge with
her for the second time. When he was about to leave, he
saw the shiny, beautiful necklace of W and grabbed the
same while the woman tried to prevent him. Then he left.

What crime/crimes is/are committed?

ARTICLE 294 - ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
A: There are two crimes committed – two counts of rape and
simple robbery (with intimidation).

The intent was to rape the woman and he committed the act twice
so two counts of rape. Then he forcibly took the necklace despite
the fact that the woman tried to prevent him from taking the same.

It is not robbery because the robbery was not the

original criminal intent.
ARTICLE 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
Qualifying Circumstances If committed:

1. In an uninhabited place;
2. By a band;
3. By attacking a moving train, street car, motor vehicle, or airship;
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
ARTICLE 296- ROBBERY COMMITTED BY A BAND

ROBBERY COMMITTED BY A BAND

Robbery is committed by a band when at least four (4) armed

malefactors take part in the commission of a robbery

NOTE: If any unlicensed firearm is used, the penalty imposed upon all the
malefactors shall be the maximum of the corresponding penalty provided by law,
without prejudice to the criminal liability for illegal possession of such firearms.
This is a special aggravating circumstance applicable only in a case of robbery in
band.
ARTICLE 296- ROBBERY COMMITTED BY A BAND

LIABILITY FOR THE ACTS OF THE OTHER MEMBERS OF THE BAND

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; and
4. That he did not attempt to prevent the assault.
ARTICLE 297-ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
APPLICATION OF THIS ARTICLE
It applies when homicide is committed on the occasion of an attempted or
frustrated robbery.The term homicide is used in a generic sense. It includes
murder, parricide, and infanticide.

Example: A and B were walking when suddenly X stopped them and

announced a holdup. A struggled with X and in the course thereof, X killed him
by shooting him with his gun. X tried to get the bag of B but police officers
came into the scene so he left. What crime/crimes is/are committed?

A: The original intent of X was to rob but in the course thereof, he killed A
so robbery with homicide. However, X was not able to get the bag of B do the
crime committed is Attempted Robbery with Homicide.
ARTICLE 298- EXECUTION OF DEEDS BY MEANS OFVIOLENCE OR
INTIMIDATION
Elements (Com-De-V)

1. Offender has intent to Defraud another;

2. Offender Compels him to sign, execute, or deliver any public
instrument or document; and
3. Compulsion is by means of Violence or intimidation.

Art. 298 applies even if the document signed, executed, or delivered is

a private or commercial document.
 CHAPTER 1:
Section 2

ROBBERY WITH USE OF FORCE

UPON THINGS
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
➢ Another form of robbery is robbery with the use of
force upon things in Art 299.

➢ In case of violence against persons, the value of the

property is not important because the penalty is the
basis of the violence.

➢ In Art. 299, the basis of the penalty is the value of

the property taken.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
3 WAYS OF COMMITTING ROBBERY WITH USE OF FORCE UPON
THINGS:

I. When a person enters the dwelling, house, public building or

edifice devoted to worship where personal property is taken
through:
a. 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
d. By using any fictitious name or pretending the exercise of public
authority
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

Under the first act, the essence of the crime is in the unlawful entry; it is
the act of trespassing and also the taking of the property of another. It is
necessary that the entire body must have entered, otherwise, even if
there is breaking, it would only amount to theft and that breaking would
amount only to aggravating circumstance.

The Supreme Court ruled that when the law used the word “enter”, it
means that the entire body must have entered said place to take the
property of another.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

Q: A, in order to rob the house made an opening in the

roof, sufficient for him to enter. So he used a rope in going
down and thereafter he took the valuables and then left.

What crime is committed?

A: Robbery by use of force upon things. A made an

opening and he was able to enter fully.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

Q: What if he made an entry, let down a rope with a hook

and used it in taking the valuable?

What crime is committed?

A: The crime committed only is theft with aggravating

circumstance of the breaking of the roof. His body did
not enter the premises.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

II. When the offender manages to enter said inhabited place,

dwelling, public place or place dedicated to religious worship
without any unlawful entry, or is an insider, and once inside, he used
force in opening in order to:

➢ Break doors, wardrobes, chests, or any other kind of locked or sealed

furniture or receptacle

The second act is when the offender was able to enter without unlawful
entry or was an insider and once inside, breaks the doors, wardrobes, chest,
receptacles, and thereafter took the personal properties inside the house.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

Q: A and B are brothers, living in the same house and in the same room
but have different cabinets where each of the cabinets have locks. One
time brother A was in need of money and wanted to borrow money
from brother B, but brother B was out of the house. So what brother A
did was that he forcibly opened the cabinet of brother B and took the
expensive jewelry of brother B and appropriated the jewelry?

What are the crimes committed? Is Brother A only liable civilly?

ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

A: A is guilty of robbery with use of force upon things.

He is an insider, and he used force to break open the cabinet of B. He

did not commit theft. Since the crime committed is robbery, brother A
is criminally liable and civilly liable. Because under Article 332, it is
only on cases of theft, swindling, estafa, and malicious mischief,
wherein there’s no criminal liability but only civil liability in case of
relatives living together.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

Q: In the same problem, what if A was in need of money, he

saw the expensive watch of B on top of the table and sold
the watch.

What crime was committed?

A: A committed the crime of theft since there is no breaking or forcibly

opening the receptacle. Under Art 332, he is only liable for civil
liability. They are free from criminal liability.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Art. 332. Persons exempt from criminal liability. — 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:

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.

The exemption established by this article shall not be applicable to strangers

participating in the commission of the crime.
ARTICLE 299 – ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP

III. When the offender manages to enter said inhabited place, dwelling,
public place, or place dedicated to religious worship without any unlawful
entry, once inside he took the sealed receptacle outside to be opened or
forced open.

➢ The offender was able to enter and once inside, he

did not use force to open the close cabinet or
receptacle. Instead, he took the cabinet and
receptacle outside to open it.
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

Under Article 300, if robbery is committed with in an uninhabited place

and by a band — the law used the conjunction AND, both must concur in
order to amount a qualifying circumstance, to increase the penalty.

So it should be in an uninhabited place and by a band, therefore both

must be present.
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

Q: A, B, C, D, and E went inside an unlocked house of W and his

family while they were about to have dinner. A, B, C, D, and E were
armed with armalites and pointed them at W and his family, saying
“We are not here to harm you. Give us your valuables.” W went to his
bedroom and later handed to A the valuables. A, B, C, D, and E left.

What is the crime committed?

ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

A: Robbery in band.

When more than three armed malefactors committed the crime of

robbery, it is robbery in band.
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

Q: What if when the 5 armed men were about to leave but they realized that
the W and his family might identified them so they fired against W and all
eight members of the family. What is the Crime committed?

A: Robbery with Homicide. This is because the original criminal intent was
to rob and in the occasion thereof, the victims were killed. Regardless of the
number of persons killed – nine – still, it is robbery with Homicide.

Supreme Court said that there is no such crime as Robbery in Band with
Homicide because Robbery with Homicide is a special complex crime which
the law itself combined and the law only combines robbery and homicide.
ARTICLE 302- ROBBERY IN AN UNINHABITED PLACE OR
IN A PRIVATE BUILDING
ELEMENTS:

1. With intent to gain, 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. Any of the following circumstances was present:
a. Entrance was effected through an opening not intended for entrance or egress
b. Wall, roof, floor, or outside door or window was broken
c. Entrance was effected through the use of false keys, picklocks, or other similar
tools;
d. Door, wardrobe, chest, or any sealed or closed furniture or receptacle was
broken;
e. Closed or sealed receptacle was removed, even if the same be broken open
elsewhere;
ARTICLE 303- ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING

Applicability
This applies when the robbery was committed by the use of force upon things,
without violence against or intimidation of any person in an inhabited house,
public building, or edifice devoted to religious worship (Art. 299) or in an
uninhabited place or private building. (Art. 302)

The place where the robbery is committed under Art. 302 must be a building
which is not an inhabited house or public building or edifice to religious worship.
ARTICLE 304- POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

Elements (Pick-La-Ro)

1. Offender has in his possession Picklocks or similar tools;

2. Such picklocks or similar tools are specially adopted to the commission
of Robbery; and
3. Offender does not have Lawful cause for such possession.
ARTICLE 305- FALSE KEYS

FALSE KEYS (S-O-PICK)

1. Picklocks or similar tools;

2. Genuine keys Stolen from the owner;
3. Any key other than those intended by the owner for use in the lock
forcibly Opened by the offender.

Possession of false keys in pars. 2 and 3 above are not punishable.

If the key was entrusted to the offender and he used it to steal, the crime
committed is not robbery but theft.
CHAPTER 2:

BRIGANDAGE
ARTICLE 306- BRIGANDAGE

There is brigandage when the following requisites are present:

1. There be at least 4 armed malefactors;

2. They formed a Band of robbers; and
3. The purpose is any of the following:
a. To commit robbery in the Highway;
b. To kidnap persons for the purpose of extortion or to obtain
Ransom; and
c. To attain by means of force and Violence any other purpose.
ARTICLE 306- BRIGANDAGE

ESSENCE OF BRIGANDAGE

Brigandage is a crime of depredation wherein the unlawful acts are

directed not only against specific, intended or preconceived victims,
but against any and all prospective victims anywhere on the highway
and whoever they may potentially be.
ARTICLE 306- BRIGANDAGE
ARTICLE 306- BRIGANDAGE

PD 532 (THE ANTI-HIGHWAY ROBBERY LAW OF 1974)

In PD 532, brigandage is defined as the seizure of any person for

ransom, extortion, or other unlawful purposes, or the taking away of
property of another by means of violence against or intimidation of
persons of force upon things or other unlawful means, committed by
any person on any Philippine highway.
ARTICLE 306- BRIGANDAGE
ARTICLE 306- BRIGANDAGE

Q: A, B, C, D, and E were having a drinking spree with W where W

divulge that he will withdraw the next day 5M for him to buy a car.
The next day, after withdrawing the cash from the bank, while W
was driving along a highway, another van cut his vehicle and stopped
him. A, B, C, D, and E alighted armed with knives and at knifepoint,
they took the 5M.

What is the crime committed?

A: Brigandage because here, there is a predetermined victim, W.

ARTICLE 306- BRIGANDAGE

Q: Let’s say A, B, C, D, and E for a number of months or weeks, they have already
committing robbery along a highway. This time, they were having a drinking spree
in a canteen along the highway. While they were having a drinking spree in a
canteen along the highway, they needed more beer/liquors, however, they ran out
of money and so A, B, C, and D decided to commit robbery on any person who
passes by the highway. They positioned themselves along the highway and flagged
down the first vehicle that they saw and it happened to be a taxi. The taxi driver,
thought that they were passengers so he stopped. The moment they opened the
door of the taxi, they, at gun point took his earnings and thereafter allowed the
taxi driver to get out of the said place. Thereafter, these four men gave the money
that they took as payment to the owner of the canteen. The owner of the canteen
saw how these four men got the money. The owner of the canteen received the
money in exchange of beer.

What crime is committed by the 4 men?

ARTICLE 306- BRIGANDAGE

A: The four men shall be liable for Highway Robbery or Brigandage under PD
532. It is Highway Robbery under PD 532 because the robbery was committed
indiscriminately, there is no particular or predetermined victim.

What crime is committed by the owner of the canteen?

A: The owner of the canteen is liable as an accomplice. This is because under
Section 4 of PD 532, it states that any person who knowingly and in any
manner aids or protects pirates or highway robbers/brigands, such giving
them any information as to the movements or whereabouts of police
authorities, or who, in any manner, shall acquire or receive property taken by
the said band or persons shall be liable as an accomplice.
CHAPTER 3:

THEFT
ARTICLE 308 – THEFT

➢ Theft is committed by any person who, with intent to gain but

without violence against or intimidation of persons or without
use of force upon things, shall take personal property of another
without the latter's consent.
ARTICLE 308 – THEFT

Theft is likewise committed by:

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.
ARTICLE 310- QUALIFIED THEFT
THEFT IS QUALIFIED IN THE FOLLOWING INSTANCES:

1. If theft is committed by a domestic servant

2. If 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
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 310- QUALIFIED THEFT
Q: A was a security guard. The owner of the house left his key to
the security guard. However, the security guard used the key to
open the house of the owner and took the valuables.

What crime is committed?

A: The Security Guard is liable for qualified theft

because of grave abuse of confidence.
ARTICLE 310- QUALIFIED THEFT

NO CRIME OF FRUSTRATED THEFT

Unlawful taking, which is the deprivation of one’s personal property, is

the element which produces the felony in its consummated stage. At
the same time, without unlawful taking as an act of execution, the
offense could only be attempted theft, if at all. With these
considerations, under Art. 308 of the RPC, theft cannot have a
frustrated stage. Theft can only be attempted or consummated.
(Valenzuela v. People, G.R. No. 160188, 21 June 2007)
RA 6539, as amended by RA
10883

(ANTI-CARNAPPING ACT)
ANTI-CARNAPPING ACT
Carnapping – is the taking with intent to gain, of motor vehicle belonging to
another without the consent of the latter, or by means of violence against or
intimidation of persons, or by use of force upon things.

PENALTIES BROUGHT ABOUT BY RA 10883:

• If carnapping is committed without violence against or intimidation of
persons, the penalty is 20 years and 1 day to 30 years.
• If carnapping is committed with violence or intimidation of persons, or by
force upon things, the penalty is 30 years and 1 day to 40 years.
• If the carnapping is committed and in the course thereof, the owner, the
driver, or the occupant of the car is killed or is raped, the penalty is life
imprisonment.
ANTI-CARNAPPING ACT

ELEMENTS:

1. Actual taking of motor vehicle

2. The vehicle belongs to another
3. There is intent to gain in the taking of the vehicle of another
4. Said taking is taking without the consent of the owner or by means of
violence or intimidation or by means of force upon things.
 PD 533

(ANTI-CATTLE RUSTLING
LAW)
PD 533

Cattle Rustling - defined as the taking away by any means, method or

scheme, without the consent of the owner/raiser, of any large cattle
whether or not for profit or for gain, or whether committed with or without
violence against or intimidation of persons or force upon things. It includes
the killing of a large cattle or taking it as a meat or hide without the consent
of the owner/raiser.

Large Cattle- shall include cow, carabao, horse, mule, ass, or other
domesticated member of the bovine family. Goats are not large cattle.
PD 533

Q: A’s carabao was tied on the mango tree. X saw the carabao alone. So
what X did was he untied the carabao and took the carabao away. A
saw X with his carabao so A tried to catch up with X. As A was able to
catch up with X, a fight ensued. X took his bolo and hacked A to death.

What is the crime committed by X?

PD 533

A: The crime committed by X is only cattle rustling.

The fact that the owner was killed is within the

meaning of violence or intimidation against persons. It
will not bring about a separate and distinct crime of
murder.
ARTICLE 311 – THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM.

Theft of property of National Library and National Museum has a fixed

penalty regardless of its value, but if the crime is committed with grave
abuse of confidence, the penalty for qualified theft shall be imposed.
CHAPTER 4:

USURPATION
ARTICLE 312 – OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY.
ACTS PUNISHED:

I. Occupation of real property which is committed by any person

who by means of violence against or intimidation shall occupy the
real property of another
➢ Penalty depends on resulting crime plus amount of gain

II. Usurpation of real rights in property committed by any person

who by means of violence against or intimidation shall usurp any
real rights in property of another person
ARTICLE 312 – OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY.

Q: There was a vacant lot. Here comes A and B and his family. The said
land or property was being guarded by X. A and B went inside the
vacant lot and tried to build a nipa house because they do not have any
house. And so the guard told them that A and B has no right to build a
nipa house because the lot is owned by Y. However, A and B told the
guard that they do not have any house. In the course of the argument,
A and B killed the guard.

What is/are the crimes committed?

ARTICLE 312 – OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY.

A: The crime committed is only occupation of real property.

The killing is only a means to occupy the real property. It falls under
violence against or intimidation of persons in occupying the real
property.
ARTICLE 312 – OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY.
Q: In the same problem A and B put up their house in the vacant
property. The owner learned this and went to A and B’s house.
However, A and B killed the owner.

What crime/s is/are committed?

A: In this case, two crimes are committed. The killing took place after
occupying the place. This time, the crimes committed are occupation
and homicide or murder as the case maybe.
ART. 313. ALTERING BOUNDARIES OR LANDMARKS.

Elements of Altering Boundaries or Landmarks

1. There are boundary marks or monuments of towns, provinces,

or estates, or any other marks intended to designate the
boundaries of the same; and
2. Offender alters said boundary marks. Intent to gain is not
necessary. The mere act of alteration or destruction of the
boundary marks is sufficient.
 CHAPTER 5:

CULPABLE INSOLVENCY
ART. 314. FRAUDULENT INSOLVENCY

Elements of Fraudulent Insolvency (D-A-P)

1. Offender is a Debtor, that is, he has obligations due and payable;
2. He Absconds with his property; and
3. There be Prejudice to his creditors.

The fraud must result in the actual prejudice of his creditors. If the
accused concealed his property fraudulently but it turned out that he
has some other property with which to satisfy his obligation, he is not
liable under this article.
 CHAPTER 6:

SWINDLING AND OTHER

DECEITS
ARTICLE 315 – SWINDLING/ESTAFA

THREE KINDS OF ESTAFA:

I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF AUTHORITY –

ART 315 (1)

II. ESTAFA BY MEANS OF FALSE PRETENSES OR FRAUDULENT

ACTS EXECUTED PRIOR TO OR SIMULTANEOUSLY WITH THE
COMMISSION OF THE CRIME – ART 315 (2)

III. ESTAFA THROUGH FRAUDULENT MEANS – ART 315 (3)

ARTICLE 315 – SWINDLING/ESTAFA
Elements of Estafa in General
1. Accused defrauded another by abuse of confidence or by means of deceit – This
covers the three different ways of committing estafa under Art. 315, thus:
a. With unfaithfulness or abuse of confidence;
b. By means of false pretenses or fraudulent acts; or
c. Through fraudulent means
2. Damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person.
a. The failure of the entrustee to turn over the proceeds of the sale of the
goods, documents, or instruments covered by atrust receipt, to the extent of
the amount owing to the entruster, or as appearing in the trust receipt; or
b. The failure to return said goods, documents, or instruments if they were
not sold or disposed of in accordance with the terms of the trust receipt.
ARTICLE 315 – SWINDLING/ESTAFA
Elements of Estafa with Unfaithfulness or Abuse of Confidence
under Art. 315 (1)

1. Under par. (a):

a. Offender has an onerous obligation to deliver something of value;

b. He alters its substance, quantity, or quality; and
c. Damage or prejudice is caused to another.
ARTICLE 315 – SWINDLING/ESTAFA

Illustration:

Where the accused is bound by virtue of a contract of sale,

payment having been received to deliver first class of rice (e.g.
milagrosa) but delivered an inferior kind, or that he bound himself
to deliver 1000 sacks but delivered less than 1000 because the
other sacks were filled with different materials, he is guilty of
estafa with unfaithfulness or abuse of confidence by altering the
quantity or quality of anything of value by virtue of an obligation
to do so.
ARTICLE 315 – SWINDLING/ESTAFA

Q: A and B entered into an agreement, A has to deliver to B

premium quality of marijuana. B paid. A delivered two
boxes of marijuana to B. When B reviewed the said boxes of
marijuana, B discovered that on the uppermost portion,
they were premium quality marijuana but on the lower
portion, they were of poor quality marijuana.

Can B file a case of estafa against A?

ARTICLE 315 – SWINDLING/ESTAFA

A: Yes, B can file a case of estafa with unfaithfulness or abuse of

confidence against A.

This is because the law says that even if it is based on an illegal or

immoral consideration, there must be a substitution of the quality
or quantity, in this case, of the said dangerous drugs which have
been delivered by A to B.
ARTICLE 315 – SWINDLING/ESTAFA
Elements of Estafa with Unfaithfulness or Abuse of Confidence
under Art. 315 (1)

2. Under par. (b):

a. Money, goods, or other personal property is received by the offender in trust,
or on commission, or for administration, or under any other obligation
involving the duty to make delivery of, or to return, the same;
b. There is misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt;
c. Such misappropriation or conversion or denial is to the prejudice of another;
and
d. There is a demand made by the offended party to the offender.
ARTICLE 315 – SWINDLING/ESTAFA

Illustration:

The accused received in trust the money from the complainants

for the particular purpose of investing the same with the Philtrust
Investment Corp. with the obligation to make delivery thereof
upon demand but failed to return the same despite demands. It
was admitted that she used the money for her business. Accused is
guilty of estafa through misappropriation. (Fontanilla v. People,
G.R. No. 120949, 05 July 1996)
ARTICLE 315 – SWINDLING/ESTAFA

Q: AA and BB were initially engaged in the business of buying-and-selling

of appliances. Because AA had become a regular customer, she and BB
had an agreement that her store would be used to establish Appliance
Shop XYZ-Katipunan and that AA would be its branch manager. When BB
visited Appliance Shop XYZ-Katipunan branch, he did not find any cash
there. He grew suspicious, so he asked the auditor to conduct a
preliminary audit. The preliminary audit revealed a shortage of around
P65,000.00 per month of operation.

Is BB liable for Estafa?

ARTICLE 315 – SWINDLING/ESTAFA
A: NO.
Anent the first element, when "the money, goods, or any other personal
property is received by the offender from the offended party (1) in trust or (2)
on commission or (3) for administration, the offender acquires both material
or physical possession and juridical possession of the thing received."
The Court, however, finds that BB only had material possession, and not
juridical possession, of the goods delivered to her for sale in Appliance Shop
XYZ-Katipunan.
Juridical possession means a possession which gives the transferee a right
over the thing which the transferee may set up even against the owner.

(Zenaida Layson Vda. De Manjares v. People, G.R. No. 207249, 14 May

2021, J. Caguioa)
ARTICLE 315 – SWINDLING/ESTAFA
Elements of Estafa with Unfaithfulness or Abuse of Confidence
under Art. 315 (1)

2. Under par. (c):

a. The paper with the signature of the offended party is in blank;

b. Offended party delivered it to the offender;
c. Above the signature of the offended party, a document is written by the
offender without authority to do so; and
d. The document so written creates a liability of, or causes damage to, the
offended party or any third person.
ARTICLE 315 – SWINDLING/ESTAFA
ELEMENTS OF ESTAFA BY MEANS OF FALSE PRETENSES OR
FRAUDULENT ACTS UNDER ART. 315 (2)

Under par. (a):

a. Using fictitious name;
b. Falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions; or
c. By means of other similar deceits.
Under par. (b) – Altering the quality, fineness, or weight of anything pertaining
to his art or business.
Under par. (c) – Pretending to have bribed any government employee, without
prejudice to the action for calumny which the offended party may deem proper to
bring against the offender.
ARTICLE 315 – SWINDLING/ESTAFA

Under par. (d) – postdating a check or issuing a check in payment of an

obligation.

Under par. (e) –

a. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house or apartment house without paying
thereof, with intent to defraud the proprietor or the manager thereof;
b. By obtaining credit at any of said establishments using any false pretense; or
c. 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 thereof
ARTICLE 315 – SWINDLING/ESTAFA

Q: A is in need of construction materials, he went to B. A said he needed

construction materials. B said he can get it if he had money. A said he didn’t
have any money at the moment but was issuing a postdated check instead
dated on the thirtieth day of the month. He guaranteed B that the check will be
funded on the thirtieth day of the month. B received the check and boarded the
construction materials needed by A inside the truck of A. On the thirtieth day
of the month, B deposited the check but the check was dishonored by the bank
for insufficiency of funds. Notice of dishonor was sent to A. However, despite of
lapse of three days, A failed to make good of the check or at least made
arrangement with the bank in order to cover the full amount of check.

May B file a case of estafa under Art 315 (2) (d) against A? May B file a
case of violation of BP 22 against A?
ARTICLE 315 – SWINDLING/ESTAFA

A: B can file both Estafa under Art 315 (2) (d) and violation of BP 22 against A.

Estafa was committed by A because the check was issued, it was only received by
B at the time of the construction of materials was delivered. The check was
received by B upon guarantee given by A that on the thirtieth day of the month,
the check will be funded. Therefore, the issuance of the check was in
concomitance with the defraudation. Estafa under Art 315(2)(d) is committed.
Likewise, violation against BP 22 is committed because violation of BP 22 will
arise whenever a check had been issued and the said check was dishonored upon
presentment to the drawee bank. There immediately arises violation of BP 22.
(The essence of the crime of BP 22 is the issuance of a worthless check)A can
be prosecuted for two crimes – Estafa under Article 315 (2)(d) and violation of BP
22 – at the same time. These remedies are committed not exclusively of each other
therefore A can be prosecuted at the same time of both cases.
ARTICLE 315 – SWINDLING/ESTAFA

GOOD FAITH AS A DEFENSE

The payee’s knowledge that the drawer has no sufficient funds to cover the
postdated checks at the time of their issuance negates estafa.

EFFECT OF FAILURE TO COMPLY WITH A DEMAND TO SETTLE THE

OBLIGATION
The effect of failure to comply with a demand tosettle the obligation will give
rise to a prima facie evidence of deceit, which is an element of the crime of
estafa, constituting false pretense or fraudulent act as stated in the second
sentence of paragraph 2(d), Art. 315 of the RPC. (People v. Montaner, supra)
ARTICLE 315 – SWINDLING/ESTAFA

ELEMENTS OF ESTAFA THROUGH FRAUDULENT MEANS UNDER

ART. 315 (3)

Under par. (a):

a. Offender induced the offended party to sign a document;
b. Deceit was employed to make him sign the document;
c. Offended party personally signed the document; and
d. Prejudice was caused.
ARTICLE 315 – SWINDLING/ESTAFA

Illustration:

A induced an illiterate owner who was desirous of mortgaging his

property for a certain amount, to sign a document which he believed
was only a power of attorney but in truth it was a deed of sale. A is
guilty of Estafa under par. 3(a) and the damage could consist at least in
the disturbance in property rights. (U.S. v. Malong, GR. No. L-12597,
30 Aug. 1917)
ARTICLE 315 – SWINDLING/ESTAFA

ELEMENTS OF ESTAFA THROUGH FRAUDULENT MEANS UNDER

ART. 315 (3)

Under par. (b): Resorting to some fraudulent practice to insure success in a

gambling game;

Under par. (c) –

a. Offender removed, concealed, or destroyed;
b. Any court record, office files, documents or any other papers; and
c. With intent to defraud another.
ARTICLE 315 – SWINDLING/ESTAFA

DEMAND AS A CONDITION PRECEDENT TO THE EXISTENCE OF ESTAFA

GR: There must be a formal demand on the offender to comply with his obligation
before he can be charged with estafa.

EXCEPTIONS:
1. When the offender’s obligation to comply is subject to a period; and
2. When the accused cannot be located despite due diligence.
ARTICLE 316 – OTHER FORMS OF SWINDLING

OTHER FORMS OF SWINDLING CAN BE COMMITTED BY THE

FOLLOWING:

➢ Any person who, pretending to be owner of any real property, shall

convey, sell, encumber or mortgage the same.
➢ Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
➢ The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
➢ Any person who, to the prejudice of another, shall execute any fictitious
contract.
ARTICLE 316 – OTHER FORMS OF SWINDLING

➢ Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by
him, when in fact he did not actually perform such services or labor.

➢ Any person who, while being a surety in a bond given in a criminal or

civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner, encumber
the real property or properties with which he guaranteed the fulfillment of
such obligation.
ARTICLE 317 – SWINDLING A MINOR

Who is liable?

Any person who taking advantage of the inexperience or emotions or

feelings of a minor, to his detriment, shall induce him to assume any
obligation or to give any release or execute a transfer of any property
right in consideration of some loan of money, credit or other personal
property, whether the loan clearly appears in the document or is
shown in any other form.
ARTICLE 318 – OTHER DECEITS

Who is liable?

➢ Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public
in any other similar manner.
➢ If the offender commits any act of swindling, any act of deprivati0n
not punishable under Art. 315, 316 and 317, it is punishable under Art.
318 –Other Deceits.
 CHAPTER 7:

CHATTEL MORTGAGE
ARTICLE 319 – REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY

ACTS PUNISHABLE
➢ 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.
➢ 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
 CHAPTER 8:

ARSON AND OTHER CRIMES

INVOLVING DESTRUCTION
ARSON

ARTICLES 320 – 326 speak about Arson. These had already been
repealed by PD 1613 – THE LAW ON ARSON.

However, although Articles 320 – 326 had been repealed by PD 1613,

Article 320 has been brought back into life by RA 7659.

➢ That is why, insofar Article 320, the crime is Destructive Arson.

And we have PD 1613 which punishes Simple Arson or Other Cases
of Arson.
ARSON

Q: What if there was this maid, she want to go to the province, let’s say
it was Christmas time. He asked permission from the master of the
house, the master of the house did not allow the maid to go to her
province. So the maid got mad. To make revenge, she burned the house
at night and left the house. However, the master of the house together
with his family were not awakened by the said burning and so they all
died by reason of the said fire. Not only that, the said burning of the
house of the master also affected 5 nearby houses. All in all, 5 houses
were burned by the said fire and also the master and said members of
the family all died in the course of the said fire.

What crime is/are committed by the said helper?

ARSON

A: The helper is liable only for the crime of Simple Arson Other
Cases of Arson under PD 1613 – Sec. 3. The fact that the master died
would only qualify the penalty imposable of her. But, it will not bring
about the crime of Arson with Homicide.

There is no such crime as Arson with Homicide or Arson with

Multiple Homicide.
ARSON

Q: A killed B while sleeping. The crime committed is

murder. In order to conceal the crime, A burned the house.

What crime is committed?

ARSON

A: This time, there are two crimes committed.

A is liable for Murder qualified by treachery for killing B and Arson, in

order to hide the crime committed.

The arson committed is destructive arson, as it is defined by the law.

ARSON

2 KINDS OF ARSON:

1. DESTRUCTIVE ARSON – punished under Art. 320 of the RPC as

amended by RA 7659

2. SIMPLE ARSON – punished under PD 1613 particular Section 3

ARTICLE 320 – DESTRUCTIVE ARSON

HOW IS DESTRUCTIVE ARSON COMMITTED?

1. One or more buildings or edifices, consequent to one single act of
burning, or as a result of simultaneous burnings or committed on several or
different occasions;
2. Any building of public or private ownership, devoted to public in
general, or where people usually gather or congregate for a definite
purpose such as but not limited to official government function or business,
private transaction, commerce, trade workshop, meetings, conferences, or
merely incidental to or for a definite purpose such as but not limited to
motels, transient dwellings, public conveyances or stops, or terminals,
regardless of whether the offender had knowledge that there are persons in
said building or edifice at the time set on fire and regardless also of whether
the building is actually inhabited or not.
ARTICLE 320 – DESTRUCTIVE ARSON

3. Any train, locomotive, ship or vessel, airship or airplane, devoted

to transportation or conveyance, or for public use, entertainment and
leisure;
4. Any building, factory, warehouse installation and any other
appurtenances thereto, which are devoted to the service of public
utilities;
5. Any building the burning of which is for the purpose of concealing
or destroying the evidence of another violation of law, or for the
purpose of concealing bankruptcy or defrauding creditors or to collect
from insurance.
ARTICLE 320 – DESTRUCTIVE ARSON

There is also destructive arson in the following instances:

1. When the arson is committed by 2 or more persons, regardless

of whether their purpose is merely to burn or destroy the
building or the burning merely constitutes an overt act in the
commission of another violation of the law;
2. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power or
fireworks factory, ordinance, storehouse, archives or general
museum of the Government; or
b. In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
ANTI-ARSON LAW

(P.D. 1613)
PD 1613

SIMPLE ARSON OR OTHER CASES OF ARSON IS COMMITTED IF

WHAT HAS BEEN BURNED IS:

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, pasture land, growing crop, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill, or mill central;
6. Any railway or bus station, airport, wharf, or warehouse.
PD 1613

Q: A plantation was burned. While the plantation was burning, the field
worker was sleeping and the field worker died as a result of the said
burning of the plantation.

What crime is committed by the offender?

A: The crime committed by the offender is only Simple Arson or

Other Cases of Arson under PD 1613.
PD 1613

PENALTY FOR DESTRUCTIVE ARSON: RECLUSION PERPETUA TO

DEATH
• If as a result of the commission of any acts of destructive arson, death
results, the penalty should be death.

PENALTY FOR SIMPLE ARSON: RECLUSION TEMPORAL TO

RECLUSION PERPETUA
• Under Section 5 of PD 1613, if by reason or on the occasion of simple
arson, death results, the penalty is reclusion perpetua to death.
• Therefore, whatever may be the crime may be, if by reason of said
arson, death results, it will aggravate the crime of arson and the
homicide will be absorbed in the arson
PD 1613

Q: What if a person wants to kill B. So in order to kill B, B was sleeping

inside his nipa hut, A burned the said nipa hut and so, B died while
sleeping.

What crime is committed by A?

A: A committed the crime of murder. His intention is to kill B by

burning.
PD 1613

Q: What if A wanted to burn the property of B. So what he did was he

poured gas on the said walls of the property. However, before he could
set the property on fire. Someone saw him and so, he was arrested.

What crime is committed?

A: The crime committed is Attempted Arson.

ARTICLE 327 – MALICIOUS MISCHIEF

Who are liable for malicious mischief?

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.

MALICIOUS MISCHIEF – is the willful damaging of another’s

property for the sake of causing damage due to hate, revenge or other
evil motive. If the intention of the offender is to cause damage in the
property of another, by any means outside arson, is malicious mischief.
ARTICLE 328 – SPECIAL CASES OF MALICIOUS MISCHIEF/QUALIFIED
MALICIOUS MISCHIEF

Penalty is qualified IF:

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

2. Using poisonous or corrosive substances
3. Spreading any infection or contagion among cattle
4. Causing damage to the property of the National Library or to any
archive or registry, waterworks, road, promenade, or any other thing
used in common by public
ARTICLE 329 – OTHER MISCHIEFS

➢ Other damage would constitute ordinary malicious mischief.

➢ The mischiefs not included in the next preceding article.

ARTICLE 330 – DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION
WHO IS LIABLE?

➢ The penalty of prision correccional in its medium and maximum

periods shall be imposed upon 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 penalty is qualified to prision mayor, without
prejudice to the criminal liability of the offender for the other
consequences of his criminal act.
➢ 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.
ARTICLE 331 – DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS

WHO IS LIABLE?

➢ Any person who shall destroy or damage statues or any other useful
or ornamental public monument. (penalty of arresto mayor in its
medium period to prision correccional in its minimum period)
➢ If what has been damaged are only private monuments or private
paintings, it is only ordinary malicious mischief.
➢ Any person who shall destroy or damage any useful or ornamental
painting of a public nature shall suffer the penalty of arresto menor or
a fine not exceeding 200 pesos, or both such fine and imprisonment, in
the discretion of the court.
 CHAPTER TEN:

EXEMPTION FROM
CRIMINAL
LIABILITY IN CRIMES
AGAINST PROPERTY
ARTICLE 332 — PERSONS EXEMPT FROM CRIMINAL LIABILITY.

No criminal, but only civil liability, shall result from the commission
of the crime of THEFT, SWINDLING (or estafa) or MALICIOUS
MISCHIEF committed or caused mutually by the following persons:

➢ Spouses, ascendants and descendants, or relatives by affinity in

the same line.
➢ 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
➢ Brothers and sisters and brothers-in-law and sisters-in-law, if
living together.
ARTICLE 332 — PERSONS EXEMPT FROM CRIMINAL LIABILITY.

• The exemption established by this article shall not be applicable to

strangers participating in the commission of the crime.

• This exempting circumstance will not apply to strangers. If the

strangers connived with any the persons mentioned in Article 332, so
in that case, the stranger is liable, only the enumerated persons is not
criminally liable.
ARTICLE 332 — PERSONS EXEMPT FROM CRIMINAL LIABILITY.

BASED ON JURISPRUDENCE:

The word SPOUSES include paramours and mistresses, and other

wives.
The word ASCENDANTS include step-father and step mother.
The word DESCENDANTS include step children, adopted children and
natural children.

The reason is that the exempting circumstance, the absolutory cause

under Article 332 is made in order to insure HARMONY within the
family.