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Criminal Law II, Prof.

IRJimenez

Title X Crimes Against Property


Prof. Ildefonso R. Jimenez U.P. College of law

Crimes Against Property


1.Taking Robbery, Theft, Brigandage, Usurpation of Real Property, & Culpable Insolvency 2.Misappropriation - Estafa 3.Destruction Arson, Malicious Mischief

Robbery

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Elements of Robbery
1. 2. 3. 4. Intent to gain Taking Personal property Of another

Elements of Robbery
1.Intent to gain 2.Taking 3.Personal property 4.Of another 5.Means
a.Violence against or intimidation of persons b.Force upon things

} } same for Theft } }

1. Intent to gain
Animus lucrandi presumed Not under bona fide claim of ownership Need not be personal gain Permanent vs. temporary taking
Disturbance of property rights sufficient Borrowing - Utility as gain

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

2. Taking
Property not received or found, nor possession withheld Unlawful
w/o legal authority not legally seized prior to taking (P v. Sana Lim)

Place under control

3. Personal property
Anything transportable Includes prohibited articles

4. of another
Not necessarily of the owner Co-owner cannot be liable

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Two kinds of robbery


1. With violence against or intimidation of persons Art. 294-298 2. With force upon things Art. 299-305

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Robbery with violence against or intimidation of persons

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Determinants of the penalty


1. Violence or intimidation (Art. 294) 2. Place and use of firearm (Art. 295) 3. If committed by a band (Art. 295 & Art. 296) 4. If mail matter or large cattle (Art. 302)

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Art. 294 - Violence or intimidation - By reason or on occasion of, or accompanying, the robbery 1. Homicide, rape, mutilation, arson 2. Serious Phy. Inj. - Art. 263(1) 3. Serious Phy. Inj. - Art. 263(2) 4. Serious Phy. Inj. - Art. 263(3) & (4) 5. Other cases, e.g. less serious or slight physical injuries

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By reason or on the occasion


Intent to commit robbery must precede the other crimes (P v. Naag; P v. Suyu) Even if the actual killing, rape, arson, or injury is committed before the robbery is consummated (P v. Ponciano) Includes accidental killings (P v. Mangulabnan)

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By reason or on the occasion


To eliminate obstacles (P v. Libre) To escape & defend possession (P v. Salamuddin; P v. Java) To suppress evidence (P v. Madrid) Includes killing bystanders (P v. Disimban) or co-robbers (except under Art. 294 par. 4) Includes crossfire (P v. Marquez)
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Criminal Law II, Prof. IRJimenez

Robbery with Homicide/Rape


Special complex crime NOT Art. 48 Homicide / Rape is generic
As to kind - murder, parricide, or homicide - rape or sexual assault As to number (P v. Ponciano)

Additional deaths or rapes NOT aggravating (P v. Sultan) Absorbs injuries to other persons (P v. Cabbab) & other rapes (P v. Suyu)
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Robbery with Homicide/Rape


Killing/rape must be consummated (P v. Lagmay); if not, separate felonies Art. 297 - Attempted/frustrated robbery w/ homicide Participant in the taking also liable for robbery with homicide, even if he did not participate in the killing (P v. Liad)

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With violence or intimidation


Essence is still crime against property Intent to gain determines whether special complex, complex, separate or continuing crime Taking determines stage of commission Is treachery aggravating? (P v. Arizobal, P v. Escote, and P v. De Jesus)

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Art 295 - With physical injuries under Art. 294 (3), (4), and (5)
Special aggravating circumstances of:
a. Uninhabited place; b. Band; c. Attacking train, motor vehicle, plane, ship, etc., or passengers rooms; OR d. Street, road, etc. AND use of firearm

Generic aggravating under Art. 294 (1) & (2)


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Band more than 3 armed persons (Art. 296)


Member liable as principal in any assault EXCEPT if he tried to prevent it Maximum penalty on all members if any of the firearms used is unlicensed

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Art. 298 Execution of deeds by violence & intimidation


Constructive taking - effect is the same as forcible taking Same penalty as robbery

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Robbery with the use of force upon things

2 kinds of robbery with the use of force upon things:


1. Art. 299 - In an inhabited house, public building, or edifice devoted to religious worship 2. Art. 302 - In an uninhabited place or in a private building

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Elements of Art. 299 (a)


1.Taking of personal property of another 2. Intent to gain 3. Entry into inhabited house, public building, or edifice devoted to religious worship

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Criminal Law II, Prof. IRJimenez

Place of commission
Inhabited house dwelling, even if occupants temporarily absent Public building owned or rented by Govt., even if temporarily vacant Edifice of religious worship

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Elements of Art. 299 (a)


1. Taking of personal property of another 2. Intent to gain 3. Entry into inhabited house, public building, or edifice devoted to religious worship 4. Entry thru or by:
a. Opening not for entrance or egress; b. Breaking any wall, roof, floor, door or window; c. False keys, picklocks or similar tools; or d. Fictitious name or pretend exercise of public authority

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Entry
Opening not intended for entrance or egress Entire body must enter Break external doors, walls, ceilings

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

False keys or picklocks


Art. 305 includes keys stolen from owner If stolen w/ violence or intimidation, then robbery under Art. 294 Art. 304 punishes mere possession of picklocks

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Elements of Art. 299 (b)


1. Offender enters not thru Art. 299(a) 2. Takes personal property of another with intent to gain by:
a. Breaking doors, wardrobes, chests, or other locked or sealed furniture or receptacle; or b. Taking such furniture or objects away to be broken or forced open elsewhere

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Art. 299-Modifying circumstances


1. Uninhabited place AND Band
Maximum period Art. 300

2. Value of property < P250 AND/OR offender is not armed lower penalty 3. Nature of property taken
1 higher if mail matter or cattle 1 lower if cereals, fruits or firewood

4. Dependency - 1 lower
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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Dependency
Any interior court, barn, garage or enclosed place contiguous to the building, has interior entrance & forms part of the whole Does not include orchards & lands used for cultivation

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Elements of robbery in an uninhabited place (Art. 302)


1. Enter an uninhabited place (house) or a building which is not a dwelling, public building, or church 2. Take personal property belonging to another with intent to gain 3. Any of the circumstances under Art 299 (a) or (b) EXCEPT using fictitious name or pretense of public authority
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Art. 302 - Modifying circumstances


1. Value of property < P250 2. Nature of property taken
1 higher if mail matter or cattle 1 lower if cereals, fruits or firewood

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Factors to consider in robbery


Violence Result of violence Place Band Use of firearm Nature of property 1. 2. 3. 4. Force Type of structure Value of property Whether armed Nature of property

1. 2. 3. 4. 5.

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Brigandage Art. 306


More than 3 armed persons Formed to commit robbery on the highway, kidnapping for ransom, or for other purpose to be attained by violence If any carry unlicensed firearms, presumed brigands; max period PD 532 Highway Robbery

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Aiding & abetting brigands Art. 307


Knowingly helping brigands, such as by providing information, receiving property Punished like accomplices Knowledge presumed from acts of aid Like brigandage, preventive measure

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Theft Art. 308-311

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Elements of theft
a. Taking of personal property b. Property belongs to another c. Intent to gain d. Without violence against or intimidation of persons or force upon things (P v. Gulinao; P. Consajero) e. Without the consent of the owner
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Also liable for theft


1. Finder of lost property who fails to return it to owner or deliver it to proper authority 2. One who, having maliciously damaged property, removes or makes use of fruits or objects of damage 3. One who hunts, fishes or gathers farm or forest products after trespassing on anothers enclosed property

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Determinants of penalty
1. Value - from P5 to >P22,000 - max penalty is RT 2. Nature of thing stolen
Motor vehicle, large cattle, mail matter, coconuts, fish Qualified (A 310); PD 533, Anti Cattle Rustling Law; People v. Escarda Property of Natl Museum/Library (A311)

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Determinants of penalty
3. Circumstances
Motivation hunger or poverty [A309(8)] Abuse of confidence Qualified (A310) On the occasion of fire, calamity, vehicular accident, etc. Qualified (A310)

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Constructive taking

To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Taking of real property


1. Take possession of real property or usurp real rights by violence or intimidation (A312)
Not withhold possession Fine of 50-100% of gain plus penalty for acts of violence

2. Alter boundaries or landmarks (A313)

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Take ones own property


Fraudulent insolvency (Art. 314)
Abscond with ones own property To the actual prejudice of creditors Higher penalty for merchants

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Swindling & other deceits Art. 315-319

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Elements of Estafa 1. To defraud another 2. Through:


a.Abuse of confidence and/or b.Deceit

3. Damage
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1. With unfaithfulness/abuse of confidence


(a) Alter substance, quantity, or quality of anything of value (b) Misappropriate or convert money or property received (c) Take undue advantage of a signature in blank, or write any document above such signature in blank

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Art. 315(1)(a) - Alter substance, quantity, or quality of thing of value


Onerous obligation to deliver Includes obligations based on immoral or illegal considerations

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Art. 315(1)(b) - Misappropriate or convert money or property


Elements
1. Receipt of funds or property 2. In trust, on commission, for administration, or obligation with duty to deliver or return 3. Misappropriation or conversion 4. Damage

Includes denying receipt

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1. Receipt of funds/property
Juridical possession legal or contractual possession that can be set up even against the owner Physical possession temporary possession that cannot be asserted against the owner

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2. Obligation to deliver or return said funds/property


e.g., trust, agency, lease, deposit, quasicontract No ownership transferred, e.g. down payment, loan Demand required, except:
Return or delivery on specified date/period Offender in hiding

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

3. Misappropriation/conversion
To use as ones own or subject to ones disposition Partnership funds or property
Specific purpose - estafa (Dela Cruz v CA) General purpose - civil liability (US v Clarin)

Unlike malversation, estafa cannot be committed by negligence Includes denying receipt

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4. Damage or prejudice
Any damage - need not be damage to the owner Gain by offender not necessary Even temporary damage P v Sevilla Novation as a defense c.f. Malversation of Public Funds

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Art. 315(1)(c) - Take undue advantage of a signature in blank, or write any document above such signature in blank Offender entrusted with signature in blank
c.f. Falsification [A171], Simulation of Contract [A316(4)], Inducing Another to Sign [A315(3)(a)]

To the damage of the offended party or third party


If without damage Malicious Mischief
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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Art. 315(2) - False pretenses or fraudulent acts prior to, or simultaneously with, the commission of the fraud
(a) Use fictitious name, or pretend to posses power, influence, etc.; (b) Alter quality, fineness, or weight of thing pertaining to his art or business (Erquiaga v. CA); (c) Pretend to have bribed Government employee; (d) Post-date a check; and, (e) Obtain food/lodging without paying, with intent to defraud.

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Issuance of checks
Art. 315(2)(d)
Check issued prior to or simultaneous with obligation for value Drawer does not have sufficient funds to cover the check; implied knowledge Payee was not informed that drawer has no funds Dishonor

B.P. 22
Issue a check on account or for value Knowledge of lack of funds; implied knowledge

Dishonor

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Art. 315(3) - Through fraudulent means:


(a) (b) (c) Inducing another, by means of deceit, to sign any document Resorting to fraudulent practices to insure success in gambling Removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers
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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Robbery vs. Theft vs. Estafa


Property of another Robbery Theft Taking Taking Means Violence or force Without violence/force & w/o consent Unfaithfulness, 58 deceit or fraud

Estafa

Receiving/ Converting

ART. 316. Other forms of swindling


1. Sell, encumber, or mortgage real property, pretending to be owner 2. Sell encumbered real property, even unrecorded 3. Owner takes personal property from its lawful possessor 4. Execute fictitious contract 5. Accept compensation for services not performed 6. While being surety in a bond given in a criminal or civil case, sell/mortgage properties

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ART. 317. Swindling a minor


Take advantage of inexperience, feelings & emotions Induce him to assume obligation, release obligation, or transfer property rights In consideration of a loan of money, credit or other personal property

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

ART. 318. Other deceits


1. Defraud or damage another by any other deceit 2. Interpret dreams, make forecasts, tell fortunes or take advantage of incredulity of the public

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Art. 319 Removal, sale or pledge of mortgaged property


1. Any person who knowingly removes mortgaged personal property from province or city where it was located w/o written consent 2. Mortgagor who sells, mortgages, or pledges personal property already pledged or mortgaged w/o consent

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ART. 332 - Exemption in theft, swindling and malicious mischief 1. Spouses, ascendants and descendants, or relatives by affinity in the same line 2. Widowed spouse wrt property of deceased spouse 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Arson

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Arson
Definition
Generally, burning of anothers property If your own, still arson if burning endangered life or property of another or to defraud another

Destructive arson - Art. 320 (PD1744, RA 7659) PD 1613


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ART. 320. Destructive Arson


1. One (1) or more buildings in one single act, simultaneous burnings, or different occasions 2. Public or private building where people usually gather 3. Train, ship, airplane 4. Building for public utilities 5. To conceal or destroy evidence, conceal bankruptcy, defraud creditors, or collect insurance 6. By two (2) or more persons 7. Any arsenal, shipyard, fireworks factory, ordnance, archives or general museum of the Government 8. In an inhabited place, any storehouse or factory of inflammable or explosive materials
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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Sec. 3, PD 1613 - Other cases of arson


1. 2. 3. 4. Inhabited house or dwelling Industrial establishment Plantation, farm, orchard, etc. Rice mill, sugar mill, cane mill

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Sec. 4 Special aggravating circumstances


1. Committed with intent to gain 2. Committed for the benefit of another 3. Out of spite or hatred

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Sec. 6 Prima facie evidence of arson


1. Simultaneous fires 2. Storage of unnecessary amount of flammable materials 3. Substances, materials or contrivances to start a fire found in ruins or premises 4. Excessive insurance 5. More than 2 fires during term of one policy 6. Insured effects removed from the building shortly before the fire 7. Demand for money made before the fire
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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Special rules in arson


Sec. 7 Conspiracy to commit arson punished by Prision Mayor minimum Sec. 8 Building and land confiscated and escheated unless owner proves he had no participation in or knowledge of the arson despite exercise of due diligence

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ART. 327. Malicious Mischief.


Deliberately cause damage to property of another not considered arson Hate, revenge, spite, or prank

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ART. 328. Special cases of malicious mischief


1. Cause damage to obstruct the performance of public functions 2. Use poisonous or corrosive substance 3. Spread infection or contagion among cattle 4. Cause damage to property of National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public Penalty depends on amount of damage

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Art. 329. Other mischiefs


Not included in special malicious mischiefs Penalty depends upon amount of damage caused or if amount of damage cannot be estimated

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Special cases of damage


Art. 330 - Damage & obstruction to means of communication
Damage railway, telegraph or telephone lines Includes electric wires, traction cables, signal system & other accessories of railways Higher penalty if damage causes derailment, collision or accident, plus penalty for other consequences

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Special cases of damage


Art. 331 Damage to statues, public monuments & paintings

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To be used only as reference for an accompanying lecture

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Criminal Law II, Prof. IRJimenez

Questions?

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