Crimes against property, Revised Penal Code Reviewer

sufficiently specified so as to fall

Chapter 1: Robbery in General under, the first four. (People v.
Alfeche, Jr., G.R. No. 102070, 23 July
Article 294 of the Revised Penal Code: 1992)
Robbery with Violence or Intimidation

Elements: ● Violence Against Persons: Includes

1. There is taking of personal property; acts causing death, rape, mutilation,
2. The personal property belongs to or physical injuries. Robbery (No. 5)
another; may involve less serious or slight
3. The taking is with animus lucrandi; physical injuries.
and,
4. The taking is with violence against or ● Intimidation of Persons: No actual
intimidation of persons or with force physical violence; classified under
upon things. (Ablaza v. People, G.R. No. 5 (Robbery).
No. 217722, 26 September 2018)
● Concept of Intimidation: Defined as
Penalties: Depends on the specific class of unlawful coercion, extortion,
robbery duress, or putting in fear (Black’s
Law Dictionary). Fear restricting
free will suffices. Intimidation means
ELEMENTS – ROBBERY WITH “wilfully to take, or attempt to take,
VIOLENCE OR INTIMIDATION OF by putting in fear of bodily harm.”
PERSONS:
● Robbery by a Band: Involves more
1. There is taking of personal property; than three armed persons. If an
2. The personal property belongs to unlicensed firearm is used, the
another; maximum penalty applies, plus
3. The taking is with animus lucrandi; liability for illegal possession.
and,
4. The taking is with violence against or ● Liability of Band Members: All
intimidation of persons. (Ibid.) members present during a robbery
are punished as principals, unless
proven they attempted to prevent the
crime.
Five Classes of Robbery
● Execution of Deeds by
Violence/Intimidation: Forcing
someone to sign, execute, or deliver
1. Robbery with homicide; documents through violence or
2. Robbery with rape, intentional intimidation constitutes robbery and
mutilation or the physical injuries; is punishable accordingly.
3. Robbery with physical injuries;
4. Robbery committed with unnecessary
violence or with physical injuries; A. Constructed with other Crimes
and,
5. Robbery in other cases, or simply 1. Robbery vs Theft
robbery, where the violence against or
intimidation of persons cannot be The distinguishing element between the
subsumed by or where it is not crimes of robbery and theft is the use of
 Crimes against property, Revised Penal Code Reviewer

2. Robbery with Rape

violence or intimidation as a means of taking
the property belonging to another; the element
is present in the crime of robbery and absent ELEMENTS:
in the crime of theft. (Del Rosario v. People,
G.R. No. 235739, 22 July 2019) 1. The taking of personal property is
committed with violence or
intimidation against persons;
B. Special Complex Crime 2. The property taken belongs to
another;
1. Robbery with homicide 3. The taking is done with animo
lucrandi; and,
4. The robbery is accompanied by rape.
ELEMENTS: (People v. Bragat, G.R. No. 222180,
22 November 2017)
1. The taking of personal property
belonging to another; ROBBERY AS ORIGINAL INTENT
2. With intent to gain;
3. With the use of violence or Penalty: Reclusion perpetua (30 to 40 years)
intimidation against a person; and,
4. On the occasion or by reason of the
robbery, the crime of homicide, as 3. Robbery with arson ( Article 320 in relation
used in its generic sense, was to Article 294)
committed. (People v. Sugan, G.R.
No. 192789, 23 March 2011) CONSPIRACY; ALL EQUALLY LIABLE
EVEN IF NON-PARTICIPATION BY ONE:
INDIVISIBLE OFFENSE: Robbery with
homicide is an indivisible offense, a special Penalty: Reclusion perpetua (30 to 40
complex crime. (People v. Paran, G.R. No. years).
241322, 08 September 2020)
4. Robbery with physical injuries
ROBBERY AS MAIN PURPOSE

EVEN IF BYSTANDER WAS THE VICTIM REMINDERS:

EVEN IF DEATH IS DUE TO ACCIDENT 1. It has to be serious physical injuries.

2. If only slight or less serious physical
NO ROBBERY WITH HOMICIDE THRU injuries, the crime is simple robbery.
RECKLESS IMPRUDENCE OR SIMPLE
NEGLIGENCE Penalty: Reclusion temporal in its
maximum period to reclusion perpetua (20
NO ROBBERY WITH HOMICIDE years and 1 day to 40 years).
COMMITTED BY A BAND

CONSPIRACY; ALL EQUALLY LIABLE 2. Robbery in an inhabited house or public

EVEN IF NON-PARTICIPATION BY ONE building or edifice devoted to worship

Penalty: Reclusion perpetua (imprisonment 3. Robbery in an uninhabited place or in a

of 30 years to 40 years) private building

Chapter 2: Brigandage
 Crimes against property, Revised Penal Code Reviewer

Presidential Decree No. 532: Brigandage 3. The taking away was done with intent
● The seizure of any person for ransom, of gain;
extortion or other unlawful purposes, 4. The taking away was done without the
or the taking away of the property of consent of the owner; and,
another by means of violence against 5. The taking away is accomplished
or intimidation of person or force without violence or intimidation
upon things of other unlawful means, against person or force upon things.
committed by any person on any (People v. Rodrigo, En Banc, G.R.
Philippine Highway. No. L-185701, 31 March 1966)

● Elements: Seizure of any person for 2nd Mode (Lost Property)

ransom, extortion, or other unlawful Elements:
purposes, or taking away property by
means of violence, intimidation, or 1. The finding of lost property; and,
force on Philippine highways. 2. The failure of the finder to deliver the
same to the local authorities or to its
● Penalties: Supersedes RPC provisions owner. (Ibid.)
on brigandage.
Presidential Decree No. 532: Aiding and INTENT TO GAIN
abetting a band of brigands
● Elements: Knowingly aiding or 3rd Mode (Damage to property)
protecting highway robbers/brigands, Elements:
acquiring or receiving stolen property,
or deriving benefit from brigandage. 1. The offender maliciously damaged the
● Penalties: Accomplice of the principal property of another; and,
offenders. 2. He removes or makes use of the fruits
or objects of the damage caused by
Article 308: Theft him. (Article 308[2], Revised Penal
Code)
Article 332: PERSONS EXEMPT FROM
CRIMINAL LIABILITY 4th Mode (Hunting or Gathering)

Elements:
● Elements: Offenses committed
mutually by spouses, ascendants and 1. The offender enters an inclosed estate
descendants, widowed spouses with or a field where trespass is forbidden
respect to deceased spouse's property, or which belongs to another;
brothers and sisters, and brothers-in- 2. He does so without the consent of its
law and sisters-in-law living together. owner; and,
3. He hunts or fishes upon the same or
● Penalties: Only civil liability, not gathers cereals, or other forest or farm
criminal liability. products. (Article 308[3], Ibid.)

Article 308: Theft Presumption of Intent to Gain

1st Mode (Asportation) CONCEPT OF TAKE: The only requirement

Elements: for a personal property to be the object of theft
under the penal code is that it be capable of
1. The taking of personal property; appropriation. It need not be capable of
2. The property belongs to another; “asportation,” which is defined as “carrying
 Crimes against property, Revised Penal Code Reviewer

away.”
Elements: Taking possession of real property
or usurping real rights in property belonging
Article 309 - Penalties For theft to another by means of violence against or
intimidation of persons.
Article 310- Qualified Theft Penalties:

Article 313: Altering boundaries or

QUALIFYING CIRCUMSTANCES:
landmarks
1. He/she is a domestic servant; or,
Elements: Altering boundary marks or
2. With grave abuse of confidence; or,
monuments of towns, provinces, or estates.
3. If the property stolen is motor vehicle,
mail matter or large cattle or consists
Penalties:
of coconuts taken from the premises
of the plantation or fish taken from a
Article 314: Fraudulent insolvency
fishpond or fishery; or,
4. If property is taken on the occasion of
Elements: Absconding with property to the
fire, earthquake, typhoon, volcanic
prejudice of creditors.
eruption, or any other calamity,
vehicular accident or civil
Penalties:
disturbance. (Article 310, Act No.
3815, Revised Penal Code) Article 315: Estafa (Swindling)
2ND QUALIFYING CIRCUMSTANCE
(Grave abuse of confidence) Elements:
ELEMENTS 1. Defrauding another by abuse of
confidence
1. Taking of personal property; 2. by means of deceit,
2. That the said property belongs to 3. causing damage and prejudice.
another;
3. That the said taking be done with 2 WAYS OF COMMITTING ESTAFA:
intent to gain;
4. That it be done without the owner’s 1. By means of abuse of confidence; or,
consent; 2. By means of deceit. (Ibid.)
5. That it be accomplished without the
use of violence or intimidation against 1) By means of abuse of confidence
persons, nor of force upon things; and,
6. That it be done with grave abuse of 1ST MODE (ALTERING
confidence. (People v. Mejares, G.R. SUBSTANCE/ETC.
No. 225735, 10 January 2018)
2ND MODE (BY
MISAPPROPRIATION/ETC.)
Theft of the property of the National
Museum 3RD MODE (ALTERING
SUBSTANCE/ETC.)
Article 312: Occupation of real property or
usurpation of real rights in property
 Crimes against property, Revised Penal Code Reviewer

2) By means of deceit transfer of property rights by taking advantage

of their inexperience or emotions.
FALSE PRETENSES OR FRAUDULENT
ACTS
P.D. 1613 Simple Arson
3) Damage as an element of Estafa
1. Loss of Money or Property ELEMENTS:
2. Disturbance in Property Rights
3. Temporary Prejudice 1. There is intentional burning; and,
2. What is intentionally burned is an
Penalty: inhabited house or dwelling. (People
v. Macabando, G.R. No. 188708, 31
Presidential Decree No. 1689 - Syndicated July 2013)
Estafa
Penalty: Prison Mayor to Reclusion Temporal
1. Five (5) or more persons conspire to (6 years and 1 day to 20 years imprisonment )
commit estafa or other forms of
swindling. Presidential Decree No. 1613: Destructive
2. The fraud is committed against the arson
general public or many victims.
3. The amount involved is substantial Elements: Burning of multiple buildings,
(often in investment scams or large- public or private buildings, trains, ships,
scale fraud). aircraft, public utility buildings, buildings to
conceal evidence, arsenals, or storehouses of
Penalty: Reclusion Perpetua (Life flammable materials in an inhabited place.
Imprisonment)
No bail if proven guilty Penalty: Reclusion Perpetua ( Life
Imprisonment )
Article 316 – Other Forms of Swindling
Presidential Decree No. 1613: Other forms
1ST MODE (PRETENDING TO BE of arson
OWNER OF REAL PROPERTY)
Elements: Burning of government offices,
2ND MODE (ENCUMBERED REAL inhabited houses, industrial establishments,
PROPERTY) plantations, rice mills, or transportation
stations.
3RD MODE (UNLAWFUL TAKING FROM
LAWFUL POSSESSOR) Penalty:

4TH MODE (FICTITIOUS CONTRACT) Prisión Mayor (6 years and 1 day to 12

years)
5TH MODE (INCORRECT PAYMENT OF Applies when the arson involves
COMPENSATION) – ELEMENTS smaller-scale destruction or less dangerous
situations.
6TH MODE (SURETY DISPOSAL/ETC.)
Temporal (12 years and 1 day to 20 years)
Article 317: Swindling a minor If the arson involves more serious
circumstances, such as property with high
Elements: Inducing a minor to assume an value or committed with malicious intent.
obligation or give a release or execute a
 Crimes against property, Revised Penal Code Reviewer

Reclusión Perpetua (Life Imprisonment)

If the arson results in death, serious
injury, or significant public harm.