Presented By: GROUP 1
CHAPTER 1 :
CRIMES AGAINST
PROPERTY
Learning objectives:
1. Define Crime Against Property;
2. Identify and differentiate Robbery, Brigandage, and
Theft;
3. Explain Usurpation of real properties and the crime
involving Chattel Mortgage;
4. Describe the difference between Swindling and
Malicious Mischief;
5. Identify and Explain the Levels of Offense for Arson;
6. Appreciate the salient points of Revised Penal code
relating to Property Crimes; and
7. Enumerate some Special Penal codes pertaining to
Crimes against Property.
CRIMES AGAINST PROPERTY
What is Crimes 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
1: Robbery 7: Syndicated Estafa
2: Brigandage 8: Chattel Mortage
3: Theft 9: Malicious Mischief
4: Usurpation 10: Bouncing Checks
5: Culpable Insolvency 11: Arson
6: Swindling
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.
ROBBERY
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 intimidation 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, flour or outside door or window has
been broken.
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.
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.
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)
Theft
Theft According to the 1930 Revised
Penal Code of the Philippines, theft
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 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
Usurpation
Usurpation is the occupation of real property
or any real rights In property belonging to
another by means of violence against or
intimidation of persons (RA 3815, 1930,
Section 312).
According to the Revised Penal Code of the
Philippines (1930) this includes altering
boundaries or landmarks (RA 3815, 1930,
Section 313).
The elements of the offense are;
1. Occupation of another's real
property or usurpation of a real right
belonging to another Person;
2. Violence or intimidation should be
employed in possession the real
property or in usurping the real right,
trial
3. The accused should be animated
by the intent to gain
CULPABLE INSOLVENCY
Culpable Insolvency also known as
Fraudulent insolvency. it is
committed by any person who
absconds with his property to the
prejudice of his creditors (RA 3815,
1930, Section 314). Insolvency refers
to situations where a debtor cannot
pay the debts she owes. 16 Culpable
Insolvency is the fraudulent disposal
or concealment and or disposal of
properties of a debtor to defraud his
creditors."
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
Swindling 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
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 swindler may be considered as a
syndicate under PD No. 168919:
•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.
Chattel Mortgage
Chattel mortgage is a conditional sale of
personal property a security for the
payment of a debt, or the performance of
some other obligation specified therein,
the condition being that the sale shall be
void upon the seller paying to the
purchaser a sum of money or doing some
other act named. If the condition is
performed according to its terms the
mortgage and sale immediately become
void, and the mortgagee is thereby
divested of his title.
According to the Revised Penal code of the
Philippines (1930), the following are considered
offenses involving Chattel mortgage (RA 3815 1930,
Section 319):
1. Knowingly removing personal property mortgaged
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
2. Selling or pledging personal property already
mortgaged or any part thereof, under the terms of
the Chattel Mortgage Law without the consent of the
mortgage written on the back of the mortgage and
duly recorded in the CM Register
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.
BOUNCING CHECKS
Bouncing Checks is an act of making
or drawing and issuance of check
without sufficient funds or credit. 23
This also includes any perso who,
having sufficient funds in or credit
with the drawee bank when makes or
draws and issues a check, shall fail
to keep sufficient funds to maintain a
credit to cover the full amount of the
check if presente within a period of
ninety (90) days from the date
appearing thereon, fo which reason it
is dishonored by the drawee bank.
ARSON
Arson is the intentional burning or
setting fire to the property another or
own property under circumstances
which expose to dange the life or
property of another. 24 The elements of
the crime of Arson an (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
Destructive arson if the property burned is any of the
following: According to the Presidential Decree 1613
(1979), it is considered
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.
Levels of Offense 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.
Levels of Offense Arson
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 i 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 (1930), 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).
LEGAL PROVISIONS ON CRIMES AGAINST
PROPERTY
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,
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