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Article 299 - Robbery in an Inhabited House or window to get the clothes inside the room, the breaking of the

ing of the wall must be for the

Public Building or Edifice Devoted to Worship while the offender remained outside the house purpose of entering the house or building. But
or building, the crime committed is theft not if a room is occupied by a person as his
Elements of robbery with force upon things separate dwelling, the breaking of its inside
under SUBDIVISION (A): wall may give rise to robbery.
There must be evidence or the facts must
1. Offender entered
show that the accused entered a dwelling Breaking: means entering the building. The
a. Inhabited House house or building by any means enumerated. force used in this means must be actual, as
b. Public Building distinguished from that in the other means
c. Edifice devoted to Religious In entering the building, the offender must
which is only constructive force.
Worship have an intention to take personal property.
2. Entrance was effected by any of the The wall, roof, door, floor or window must be
following means: Any of the four means described in subdivision broken. In the Spanish text of the code clearly
a. Through an opening Not intended (a) must be resorted to enter a house or means the breaking of a door or window.
for entrance or egress; building, not to get out otherwise it is only (People vs. Fernandez, 58 Phil. 674, People vs
b. By Breaking any wall, roof, or floor, theft. Lising, C.A., 62 O.G. 9891)
or door or window; Illustration: If the culprit had entered the
c. By using False keys, picklocks or If false key is used to open wardrobe or locked
house through an open door, and the owner, receptacle or drawer or inside door it is only
similar tools; or not knowing that the culprit was inside, closed
d. By using any Fictitious name or theft
and locked the door from the outside and left,
pretending the exercise of public and the culprit, after taking personal property Elements of robbery with force upon things
authority. in the house, went out through the window, it under SUBDIVISION (B) of Art. 299:
3. That once inside the building, the is only theft, not robbery.
offender Took personal property 1. Offender is inside a dwelling house,
belonging to another with intent to Public Building is every building owned by the public building, or edifice devoted to
gain. government or belonging to a private person religious worship, regardless of the
but used or rented by the government, circumstances under which he entered
The whole body of the culprit must be inside although temporarily unoccupied by the same. it.
the building to constitute entering. Thus, if the 2. Offender takes personal property
offender merely inserted his hand through an The wall must be an outside wall, not a wall belonging to another, with intent to
opening in the wall or used a pole through the between rooms in a house or building. Because
gain, under any of the following Article 301 - What is an Uninhabited House, The two qualifications (uninhabited place or by
circumstances. Public Building Dedicated to Religious a band) must concur. (U.S. v Morada, et al., 23
a. Breaking of doors, wardrobes, Worship and Their Dependencies: Even if the Phol. 477)
chests, or any other kind of locked occupant was absent during the robbery, the
or sealed furniture or receptacle; place is still inhabited if the place was To qualify Robbery w/ To qualify Robbery w/
force upon things (Art violence against or
or ordinarily inhabited and intended as a
299) intimidation
b. Taking such furniture or objects dwelling. It must be committed It must be committed
away to be broken or forced open in uninhabited place in an uninhabited
Dependencies: all interior courts, corrals,
outside the place of the robbery. AND by a band (Art place OR by a band
warehouses, granaries or inclosed places 300) (Art. 295)
The term door in par. 1, subdivision (b) of contiguous to the building or edifice, having an
Art. 299, refers only to doors, lids or opening interior entrance connected therewith, and
sheets of furniture or other portable which form part of the whole (Art. 301, par. 2). Article 302 - In an Uninhabited Place or
receptaclesnot to inside doors of house or Private Building
building. Requisites:
Breaking the keyhole of the door of a 1. Contiguous to the building;
2. Interior entrance connected therewith; 1. Offender entered an Uninhabited
wardrobe, which is locked, is breaking a locked
3. Form part of the whole. place or a building which was not a
dwelling house, not a public building,
It is theft, if the locked or sealed receptacle is Orchards and lands used for cultivation or or not an edifice devoted to religious
not forced open in the building where it is kept production are not included in the term worship.
or taken from to be broken outside. dependencies (Art. 301, par. 3). 2. That any of the following
circumstances was present:
The penalty depends on the value of property Article 300 Robbery in an Uninhabited Place a. Entrance was effected through an
taken and on whether or not offender carries and by a Band opening Not intended for entrance
arm. Arms carried must not be used to Robbery in an inhabited house, public building or egress;
intimidate. Liability for carrying arms is or edifice to religious worship is qualified when b. A Wall, roof, floor, or outside door
extended to all those who participated in the committed by a band and located in an or window was broken
robbery, including those without arms. uninhabited place.
c. Entrance was effected through the Unnailing of cloth over door of freight car is 2. Such picklock or similar tools are
use of False keys, picklocks or breaking by force. especially Adopted to the commission
other similar tools; of robbery;
d. A Door, wardrobe, chest, or any Use of fictitious name or pretending the 3. Offender does Not have lawful cause
sealed or closed furniture or exercise of public authorities is not covered
for such possession.
receptacle was broken; or under this article.
e. A Closed or sealed receptacle was Actual use of picklock or similar tools, not
A receptacle is a container, which must be necessary in illegal possession thereof.
removed, even if the same be closed or sealed.
broken open elsewhere. If the person who makes such tools is a
3. With intent to gain, the offender took Article 303 - Robbery of Cereals, Fruits or locksmith, the penalty is higher. If he is not a
therefrom personal property belonging Firewood in an Inhabited Place or Private
locksmith, the penalty is the same as for that
to another. Building mere possessor.
The uninhabited place mentioned in art 302 The penalty is one degree lower only when
Article 305 - Defines False Keys
is a building, because the paragraphs nos. 1 robbery is committed by use of force upon
and 3 speak of entrance which is necessarily things, without intimidation or violence against TO INCLUDE THE FOLLOWING:
refers to a building. Par. No. 2 speaks part of a a person.
1. Tools mentioned in Article 304;
Cereals are seedlings which are the immediate 2. Genuine keys Stolen from the owner;
Building: includes any kind of structure product of the soil. The palay must be kept by 3. Any key other than those intended by
used for storage or safekeeping of personal the owner as seedling or taken for that the owner for Use in the lock forcibly
property, such as (a) freight car ad (b) purpose by the robbers. opened by the offender.
Article 304 - Possession of Picklock or Similar Possession of false keys in pars. 2 and 3 of art
Entrance through an opening not intended for Tools 305, not punishable.
entrance or egress is not necessary, if there is
breaking of wardrobe, chest, or sealed or
closed furniture or receptacle, or removal 1. Offender has in his possession Brigandage is a crime committed by more
thereof to be broken open elsewhere. Picklocks or similar tools; than three armed persons who forms band of
robbers for the purpose of committing robbery
Breaking padlock is use of force upon things.
in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or 3. That they went upon the highway or robbery or brigandage shall be considered as
for any other purpose to be attained by means roamed upon the country for that an accomplice.
of force and violence. purpose.
4. That the accused is a member of such See Special Law: PD 532 Anti-Piracy And Anti
Article 306 - Who Are Brigands band. Highway Robbery

Elements of Brigandage: It is necessary to prove that the intention and

Article 307 - Aiding and Abetting a Band of
Brigands purpose of the accused was to commit robbery
1. There be at least 4 armed persons
indiscriminately and such robbery is
2. They Formed a band of robbers Elements: committed on any Philippine Highway. [People
3. The Purpose is any of the following:
v. Pulusan (1998)]
a. To commit Robbery in the 1. There is a Band of brigands
highway; or 2. Offender Knows the band to be of Theft is committed by any person who, with
b. To Kidnap for the purpose of brigands intent to gain but without violence against or
extortion or to obtain ransom; or 3. Offender Does any of the following intimidation of persons now force upon things,
c. To Attain by means of force and acts: shall take personal property of another
violence any other purpose. a. He in any manner Aids, abets or without the latters consent.
protects such band of brigands; or
Presumption of law as to brigandage: all are b. He gives them Information of the Article 308 - Who Are Liable for Theft
presumed highway robbers or brigands, if any movements of the police or other
of them carries unlicensed firearm. Elements of Theft:
peace officers; or
The arms carried may be any deadly weapon. 4. He Acquires or receives the property 1. Taking of personal property
taken by such brigands 2. That Belongs to another
The term highway includes city streets 3. With Intent to gain.
It is presumed that the person performing any 4. Without the Consent of the owner.
The following must be proved: of the acts provided in this article has 5. Accomplished Without the use of
performed them knowingly, unless the violence against or intimidation of
1. Organization of more than 3 armed
contrary is proven. persons or force upon things.
persons forming a band of robbers
2. Purpose of the band is any of those Any person who aids or protects highway Persons liable for theft:
enumerated in Art. 306. robbers or abets the commission of highway
1. Those who,
a. with intent to gain, by them. It is not an indispensable element of properties were taken, there was no need to
b. without violence against or theft that the thief carry, more or less far employ violence against or intimidation against
intimidation of persons nor force away, the thing taken by him from its owner. his person. Hence, accused can only be held
upon things, (People v. Jaranilla, 55 SCRA 563) guilty of the separate offense of theft. [People
c. take, vs Basao (1999)]
d. personal property, There is no crime of frustrated theft
e. of another, There is taking even if the offender received
The Supreme Court held that there is no crime the thing from the offended party. The
f. without the latters consent. of frustrated theft.
2. Those who, unlawful taking may occur at or soon after the
a. having found lost property, In accordance with the definition in Art 308, transfer of physical possession.
b. fail to deliver the same to the local there is no frustrated theft. The offender has
Actual or real gain not necessary in theft.
authorities or to its owner. either complete control of the property
3. Those who, (consummated) or without (attempted). Intent It is not necessary that there was real or actual
a. after having maliciously damaged to gain is presumed from the unlawful taking gain on the part of the offender or that he
the property of another, of personal property belonging to another. removed the stolen animals in order to make
b. remove or make use of the fruits [Valenzuela v. People (2007)] use of or derive some benefit from them. It is
or object of the damage caused by enough that on taking them, he was then
If one takes personal property openly and actuated by the desire or intent to gain.
avowedly under claim of title made in good (People v. Mercado, 65 Phil. 665)
4. Those who,
faith, he is not guilty of theft even though
a. enter an inclosed estate or field
claim of ownership is later found to be Allegation of Owners lack of consent cannot
untenable. be dispensed with in charging an ordinary
b. trespass is forbidden or which
belongs to another and, without If possession was only material or physical, the
the consent of its owner, crime is THEFT. If possession was juridical, We are aware that some decisions state that
c. hunt or fish upon the same or crime is ESTAFA. the crime of theft does not require that the
gather fruits, cereals, or other culprit should know the owner of the thing
forest or farm products. Properties were taken after accused has stolen. Other authorities declare that it is not
already carried out his primary criminal intent necessary for the existence of the crime of
The theft was consummated when the cuprits of killing the victim. Considering that the victim
theft that it should appear in a specific manner
were abe to take possession of the thing taken was already heavily wounded when his
who is the owner of the thing stolen, and the
crime is consummated provided the thing shown by the express requirement therein that It is necessary to prove the following in order
belongs to another and the same is taken with the taking should be without the consent of to establish theft by failure to deliver or
intent of gain (Decision, Supreme Court of the owner. 3 In view of the clear text of the return lost property:
Spain, Nov. 22, 1898 and October 4, 1905). law, an information or charge that does not
aver this lack of consent is manifestly bad and 1. Time of the seizure of the thing
By and large, these pronouncements are insufficient, and may be quashed for failure to 2. It was a lost property belonging to
merely generalizations designed to cover all allege an essential element of the delict. ( Pua another; and
3. That the accused having had the
varieties of theft, from the one where the Yi Kun v People, G.R. No. L-26256, June 26,
thing stolen is taken directly from the owners opportunity to return or deliver the
control to that committed by any person who lost property to its owner or to the
having found lost property, shall fail to deliver It is not robbery when violence is for reason local authorities, refrained from doing
the same to the local authorities or to its entirely foreign to the fact of taking. so.
owner" which is also theft under Article 308, When a person has in possession, part of the Par no. 1 of Art 308 not limited to actual
paragraph 2(1), Revised Penal Code. The recently stolen property, he is presumed to be finder.
rulings, therefore, are not fully applicable to the thief of all, in the absence of satisfactory
the present case. which does not involve explanation of his possession. (U.S. v. Ungal, 37 The law does not require knowledge of the
property lost (extraviada) nor do they warrant Phil. 835) owner of the property.
the inference that the non-consent of the
Finder of loast property (Par. 1, Art 308) Elements of hunting, fishing or gathering
owner or possessor can be excused.
fruits, etc., in enclosed estate:
The accuse is guilty of theft as a finder of lost
In the ordinary course of events, the owner of 1. That there is an enclosed estate or a
property who retained part of it with intent to
the thing (whoever he should be) would not field, where trespass is forbidden or
gain. (U.S. v Santiago, 27 Phil, 483)
consent to the taking of his property without which belongs to another
any consideration or quid pro quo therefor; Lost property: embraces loss by stealing or 2. Offender enters the same
nevertheless, the possibility of such consent by act of he owner or by a person other than 3. Offender hunts or fishes upon the
remains and the law demands that it be the owner, or through some casual same or gathers fruits, cereals or other
negated in the information. That the owners occurrence. forest or farm products in the estate or
lack of consent can not be dispensed with in field; and
charging an ordinary theft under the first
paragraph of Article 308 of the Penal Code, is
4. That the hunting or fishing or 2. Committed with Grave abuse of Theft by a housemate is not always qualified,
gathering of products is without the confidence because while this fact constitutes a certain
consent of the owner. 3. The property stolen is abuse of confidence, since living under the
a. motor vehicle, same roof endangers some confidence, it is
Fishing should not be in the fishpond within b. mail matter, or not necessarily grave. (People v. Koc Song, 63
the field or estate, otherwise it is qualified c. large cattle Phil. 369)
theft. 4. The property stolen consists of
Theft of any material, spare part, product or
P.D. No. 534 coconuts taken from the premises of a
plantation article by employees and laborers is heavily
Article 309 - Penalties 5. The property stolen is fish taken from punished under PD 133.
a fishpond or fishery Motor vehicle: all vehicles propelled by
The basis of the penalty in theft is
6. The property is taken on the occasion power, other than muscular power. Theft of
1. the value of the thing stolen, or of fire, earthquake, typhoon, volcanic motor vehicle may now fall under the anti-
2. the value and nature of the property eruption, or any other calamity, carnapping law.
taken, or vehicular accident or civil disturbance.
3. the circumstances that impelled the When the purpose of taking the car is to
The penalty for qualified theft is 2 degrees destroy by burning it, the crime is arson.
culprit to commit the crime.
If there is no evidence of the value of the If a private individual took a letter containing
Theft by domestic servant is always qualified. postal money order it is qualified theft. If it
property stolen, the court should impose the
Theres no need to prove grave abuse of was the postmaster, to whom the letter was
minimum penalty corresponding to theft
discretion. delivered, the crime would be infidelity in the
involving the value of P5.00. The court may
also take judicial notice of its value in the The abuse of confidence must be grave. There custody of documents.
proper cases. must be allegation in the information and Regarding the theft of coconuts and fish, what
proof of a relation, by reason of dependence, matters is not the execution, but the location
Article 310 - Qualified Theft
guardianship or vigilance, between the where it is taken. It should be in the plantation
Theft is qualified if: accused and the offended party that has or in the fishpond.
created a high degree of confidence between
1. Committed by a Domestic servant them, which the accused abused. RA 6539: ANTI-CARNAPPING law Carnapping:
taking, with intent to gain, of motor vehicle
belonging to another without the latters 2. with intent to gain for himself or for Mere possession of any good, article, item,
consent or by means of violence against or another, object, or anything of value which has been
intimidation of persons, or by force upon 3. shall buy, receive, keep, acquire, the subject of robbery or thievery shall be
things (Izon v. People, 1981) conceal, sell, or dispose of, or shall buy prima facie evidence of fencing. [People v.
and sell or in any other manner deal in Dizon-Pamintuan]
PD 533 ANTI-CATTLE RUSTLING LAW Cattle 4. any article, item, object, or anything of
rustling: taking away by means, methods or value Robbery/theft and fencing are separate and
schemes, without the consent of the distinct offenses.
5. which he knows, or should be known
owner/raiser, of any large cattle whether or to him,
not for profit, or whether committed with or Article 311 - Theft of the Property of the
6. to have been derived from the National Library and National Museum
without violence against or intimidation of proceeds of the crime of robbery or
person or force upon things. It includes killing Theft of property of the National Museum and
of large cattle, taking its meat or hide without National Library has a fixed penalty regardless
the consent of owner/raiser. Elements: of its value. But if it was with grave abuse of
confidence, the penalty for qualified theft shall
Large cattle: include cow, carabao, horse, 1. Robbery or theft has been committed.
mule, ass, other domesticated member of 2. The accused, who is not a principal or be imposed.
bovine family. A goat is not included because it accomplice in the crime of robbery or Article 312 - Occupation of Real Property or
is not large (Boado, Comprehensive Reviewer theft, buys, receives, possesses, keeps, Usurpation of Real Rights in Property
in Criminal Law) acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals Acts punishable under Art. 312:
Presumption: Every person in possession of
in any article, item, object, or anything
large cattle shall upon demand by competent 1. Taking possession of any real property
of value, which has been derived from
authorities exhibit required documents. Failure belonging to another by means of
the proceeds of the said crime.
to do so is prima facie evidence that large violence against or intimidation of
3. The accused knows or should have
cattle in possession are fruits of crime of cattle persons
known that the said article, item,
rustling 2. Usurping any real rights in property
object or anything of value has been
belonging to another by means of
PD 1612: Anti-Fencing Law Fencing: derived from the proceeds of the
violence against or intimidation of
crime of robbery or theft.
1. the act of any person who, persons.
4. There is, on the part of the accused,
intent to gain for himself or another.
Elements: Article 313 - Altering Boundaries or property, unless it is shown that it has actually
Landmarks prejudiced his creditor, conviction will not lie.
1. Offender takes possession of any real
property OR usurps any real rights in Elements: Fraudulent concealment of property is not
property sufficient if the debtor has some property with
2. Real property or real rights belong to 1. That there be boundary marks or
which to satisfy his obligation.
monuments of towns, provinces, or
3. Violence against or intimidation of estates, or any other marks intended Abscond: does not require that the debtor
persons is used by the offender in to designate the boundaries of the should depart and physically conceal his
occupying real property or usurping same. property. Real property could be the subject
real rights in property. 2. That the offender alters said boundary matter of Art. 314.
4. There is intent to gain. marks.
The person prejudiced must be creditor of the
If no violence or intimidation only civil liability Provision does not require intent to gain. offender.
exists. Violence or intimidation must be the The word alter may include: Article 315 Estafa
means used in occupying real property or in
usurping real rights. 1. destruction of stone monument Elements of Estafa in General:
2. taking it to another place
Art. 312 does not apply when the violence or 1. That the accused defrauded another
3. removing a fence
intimidation took place subsequent to the a. by abuse of confidence; or
entry into the property. Article 314 - Fraudulent Insolvency b. by means of deceit; and
2. That damage or prejudice capable of
Art. 312 does not apply to a case of open Elements: pecuniary estimation is caused to the
defiance of the writ of execution issued in the offended party or third person.
1. That the offender is a debtor; that is,
forcible entry case. 3. Through
he has obligations due and payable
Criminal action for usurpation of real property 2. That he absconds with his property a. With unfaithfulness or abuse of
3. That there be prejudice to his creditors confidence (315 par. 1(a) (b) (c))
is not a bar to civil action for forcible entry.
b. Estafa by means of fraudulent acts
RA 947 punishes entering or occupying public Actual prejudice, not intention alone, is (315 Par. 2(A) (B) (C)(D) (E) ; BP22):
agricultural land including lands granted to required. Even if the debtor disposes of his c. Through other fraudulent means
private individuals. (315 par 3(a) (b) (c) )
a. With Unfaithfulness or Abuse When the fraud committed consists in the 3. That such
of Confidence (315 par. 1(a) adulteration or mixing of some extraneous misappropriation or
(b) (c)) substance in an article of food so as to lower conversion or denial is to
Par 1(a): Altering substance, its quantity, it may be a violation of the Food, the Prejudice of another;
quantity or quality of object Drug and Cosmetic Act (R.A. No. 5720) and
subject of obligation to deliver 4. That there is a demand
Its not estafa if the thing delivered is not made by the offended
acceptable to the complainant when there is
Elements: party to the offender
1. Offender has an Onerous no agreement as to its quality.
obligation to deliver The 4th element is not necessary when there is
Estafa may arise even if thing delivered is not evidence of misappropriation of goods by the
something of value. subject of lawful commerce, such as opium.
2. That he Alters its defendant.
substance, quantity, or b. Par.1(b): Misappropriation Check is included in the word money.
quality and Conversion
3. That Damage or prejudice Elements: Money, goods or other personal property must
is caused to another 1. That Money, goods, or be received by the offender under certain
other personal property be kinds of transaction transferring juridical
Deceit is NOT an essential element of estafa received by the offender in possession to him.
with abuse of confidence. trust, or in commission, or
for administration, or The offender acquires both physical possession
Damage or prejudice must be capable of and juridical possession when the thing
under any other obligation
estimation, because it is the basis of the received by the offender from the offended
penalty. involving the duty to make
delivery of, or to return, party
Delivery of anything of value must be by the same; 1. in trust, or
virtue of an onerous obligation to do so. Thus, 2. There be Misappropriation 2. on commission, or
if the thing delivered had not been fully or or conversion of such 3. for administration,
partially paid for when it was delivered, there money or property by the
is no estafa even if there was alteration. offender, or denial on his Juridical possession: means a possession
part of such receipt; which gives the transferee a right over the
thing which he may invoke even as against the Article 316 - Other Forms of Swindling and Par. 2. By disposing of real property as free
owner. Deceits from encumbrance, although such
encumbrance be not recorded
Failure to turn over to the bank the proceeds Par 1. By conveying, selling, encumbering, or
of sale of goods covered by trust receipts is mortgaging any real property, pretending to Elements:
estafa. be the owner of the same
1. That the thing disposed of be Real
The phrase or under any obligation involving Elements: property.
the duty to make delivery of, or to return the 2. Offender Knew that the real property
same, includes quasi-contracts and certain 1. That the thing be Immovable, such as a was encumbered, whether the
contracts of bailment. The obligation to return parcel of land or a building. encumbrance is recorded or not.
2. Offender who is not the owner of said
the thing must be contractual but without 3. There must be Express representation
transferring to accused ownership of the thing. property should Represent that he is by the offender that the real property
the owner thereof. is free from encumbrance.
When ownership is transferred to recipient, his 3. Offender should have Executed an act 4. Act of disposing of the real property be
failure to return it results in civil liability only. of ownership (selling, encumbering or
made to the Damage of another.
mortgaging the real property).
3 Ways Of Committing Estafa With Abuse Of 4. Act be made to Prejudice of the owner
Confidence Under Art. 315 Par. (B): or a third person.
1. Misappropriating the thing received. The thing disposed of must be real property. If
2. Converting the thing received. its chattel, crime is Estafa.
3. Denying that the thing was received.
There must be existing real property. Even if
Misappropriating: means to own, to take
the deceit is practiced against the second
something for one's own benefit. purchaser but damage is incurred by the first
Converting: Using or disposing of anothers purchaser, there is violation of par.1 of Art.
property as if it were ones own. 316.

Conversion: presupposes that the thing has Since the penalty is based on the value of
been devoted to a purpose or use different the damage there must be actual damage
from that agreed upon. caused.