CRIMINAL LAW

III. REVISED PENAL CODE – BOOK TWO

I. TITLE TEN - CRIMES AGAINST PROPERTY

Title Ten of the Revised Penal Code (RPC) addresses Crimes Against Property, which protect the ownership, possession, and enjoyment of property rights. These crimes encompass unlawful acts causing prejudice or harm to property. Below is a detailed discussion of the relevant articles under Title Ten:

Article 293: Definition of Robbery

Robbery is committed when a person unlawfully takes personal property belonging to another, with intent to gain, using violence, intimidation, or force upon things.

Essential Elements:

Taking of personal property.
Belonging to another.
Intent to gain (animus lucrandi).
Use of violence, intimidation, or force upon things.

Article 294: Robbery with Violence or Intimidation Against Persons

This article specifies penalties for robbery when violence or intimidation is used, categorized by aggravating factors:

When resulting in homicide, rape, intentional mutilation, or other serious physical injuries.
When resulting in less serious physical injuries.
Other cases of robbery involving violence or intimidation.

Penalties:

Qualified by the nature of violence or physical harm caused.

Article 295: Robbery with Physical Injuries or Other Circumstances

Focuses on the penalties for robbery resulting in less serious physical injuries or under aggravating circumstances.

Article 296: Definition of Band

When more than three armed persons take part in a robbery, they constitute a band.

Key Points:

All members of the band are equally liable for the acts committed by any member.
Leaders incur greater liability.

Article 299 & 300: Robbery by Breaking into an Inhabited Place

Article 299 applies to robbery in an inhabited house, public building, or edifice devoted to worship by force upon things.

Examples of Force Upon Things:

Breaking doors or windows.
Destroying roofs or walls.
Using false keys, picklocks, or other similar tools.

Article 300 deals with robbery in uninhabited places.

Article 302: Robbery in an Uninhabited Place or Private Building

Focuses on robbery using force upon things in locations not categorized as inhabited places or places of worship.

Article 303: Robbery of Cereals, Fruits, or Agricultural Products

Robbery specifically involving agricultural products still attached to the land.

Article 304: Possession of Picklocks or Similar Tools

Mere possession of tools used for robbery or burglary is penalized if without lawful cause.

Penalty:

Arresto mayor in its medium period to prision correccional in its minimum period.

Article 308: Theft

Theft is committed when personal property is taken:

Without violence or intimidation.
Without force upon things.
Without consent of the owner.
With intent to gain.

Key Points:

Unlike robbery, theft does not involve force or intimidation.
Includes theft of electricity, water, and other utilities.

Article 309: Penalties for Theft

Penalties vary based on the value of the property stolen:

Above PHP 12,000 – Graduated penalties based on amount.
Below PHP 5,000 – Lower penalties.

Article 310: Qualified Theft

Theft is qualified under the following circumstances:

Committed with grave abuse of trust.
Involving property in the possession of the offender by reason of:
- Employment.
- Domestic relationship.
Involves property taken during calamities or public disturbances.

Penalty:

One degree higher than ordinary theft.

Article 311: Theft of Property Delivered for Transportation

Focuses on theft of property entrusted for transportation or delivery.

Article 312: Occupation of Real Property or Usurpation of Real Rights

Illegal occupation of real property or usurpation of real rights belonging to another.

Key Elements:

Offender takes possession of real property belonging to another.
Without legal grounds.
Using violence, intimidation, or deceit.

Article 313: Fraudulent Insolvency

Occurs when a person deliberately disposes of their property to the prejudice of creditors.

Article 315: Estafa (Swindling)

Estafa involves defrauding another through false pretenses, abuse of confidence, or other fraudulent means.

Modes of Commission:

Using fictitious names or deceit.
Altering weights and measures.
Misappropriating funds.

Penalty:

Based on the amount defrauded.

Article 318: Other Deceits

Catch-all provision penalizing acts of deceit not specifically covered by Estafa or other articles.

Special Considerations:

1. Intent to Gain (Animus Lucrandi):

A key element in all crimes against property.

2. Distinction Between Robbery and Theft:

Robbery involves violence, intimidation, or force.
Theft does not involve any of the above.

3. Aggravating Circumstances:

Crimes committed during nighttime, by a band, or in times of calamity incur heavier penalties.

Conclusion

Crimes against property under Title Ten of the Revised Penal Code emphasize the protection of ownership rights, public trust, and societal order. Legal practitioners must thoroughly assess the facts of each case against statutory elements, ensuring adherence to due process and the proper application of penalties.