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Chapter 7- Chattel Mortgage

Art. 319 Removal, sale or pledge of mortgaged property

Chapter Seven- Chattel Mortgage


Art. 319 Removal, sale or pledge of mortgaged property
provision
Act punished in Removal, sale or pledge of mortgaged property
general
who may commit Any person
AMa or a fine amounting to twice the value of the property imposed.
Penalty(ies)
a. That personal property is mortgaged under the Chattel Mortgage Law.
b. That the offender knows that such property is so mortgaged
c. That he removes such mortgaged personal property to any province or city other than the
one in which it was located at the time of the execution of the mortgage.
Elements
d. That the removal is permanent.
e. That there is no written consent of the mortgagee or his executors, administrators or assigns
to such removal.

In estafa under Art.316, par.2, the property involved is real property; in sale of mortgaged property
counterpart
(Art.319), it is personal property.

Chapter 8- Arson and other crimes involving destruction


1. PD 1613
2. Art. 320 Destructive Arson
(Art. 321-326 Repealed)

Kinds of Arson
Art 320- Destructive arson PD 1613 Sec. 3. Other cases
Provision PD 1613
(as amended by RA 7659) of arson
Sec. 1-Arson
Act(s) Elements: Any person who shall burn: If the property burned is any
punished/ 1. Who burns 1. One or more buildings or edifices, consequent to one of the following:
Elements or sets fire to single act of burning, or as a result of simultaneous 1. Any building used as
the property of burnings, or committed on several or different offices of the government or
another occasions. any of its agencies;
2. Sets fire to 2. Any building of public or private ownership, devoted 2. Any inhabited house or
his own to the public in general or where people usually gather dwelling;
property under or congregate for a definite purpose such as, but not 3. Any industrial
circumstances limited to official governmental function or business, establishment, shipyard, oil
which expose private transaction, commerce, trade workshop, well or mine shaft, platform or
to danger the meetings and conferences, or merely incidental to a tunnel;
life or property definite purpose such as but not limited to hotels, 4. Any plantation, farm,
of another. motels, transient dwellings, public conveyance or stops pasture land, growing crop,
or terminals, regardless of whether the offender has grain field, orchard, bamboo
knowledge that there are persons in said building or groove or forest;
edifice at the time it is set on fire and regardless also of 5. Any rice mill, sugar mill,
whether the building is actually inhabited or not. cane mill or mill central; and
3. Any train or locomotive, ship or vessel, airship or 6. Any railway or bus station,
airplane, devoted to transportation or conveyance, or for airport, wharf or warehouse.
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service
of public utilities.
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
6. When the arson is committed by 2 or more persons or
by a group of persons, regardless of whether their
purpose is merely to burn or destroy the building or the
burning merely constitutes an overt act in the
commission of another violation of law.
7. Any arsenal, shipyard, storehouse or military power or
fireworks factory, ordinance, storehouse, archives or
general museum of the Government.
8. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.

who may Any person Any person Any person


commit
PM RP to Death RT to RP
Penalty(ies) 1.

4. If the building or property is insured for


 The laws on arson in force today are PD1613 substantially more than its actual value at
and Art 320, as amended by RA 7659. The the time of the issuance of the policy.
provisions of PD 1613 which are inconsistent 5. If during the lifetime of the corresponding fire
with RA 7659 (such as Sec 2, PD 1613) are insurance policy more than two fires have
deemed repealed. occurred in the same or other premises
 Arson is defined as the malicious destruction of owned or under the control of the offender
property by fire. and/or insured.
 If by reason of or on the occasion of arson death 6. If shortly before the fire, a substantial portion
results (Sec. 5, PD 1613), the penalty of RP to of the effects insured and stored in a
death shall be imposed. There is no complex building or property had been withdrawn
crime with homicide. from the premises except in the ordinary
 Special Aggravating Circumstances in Arson course of business.
(Sec.4, PD 1613) 7. If demand for money or other valuable
1. If committed with the intent to gain; consideration was made before the fire in
2. If committed for the benefit of another; exchange for the desistance of the offender
3. If the offender is motivated by spite or hatred or for the safety of the person or property of
towards the owner or occupant of the the victim.
property burned;
4. If committed by a syndicate. ( The offense is  Conspiracy to commit arson shall be punished
(Sec. 7, PD 1613).
committed by a syndicate if it is planned or
carried out by a group of 3 or more persons.
 Confiscation of Object of Arson (Sec.8, PD
1613).The building which is the object of arson
 Any of the following circumstances shall
including the land on which it is situated shall be
constitute prima facie evidence of arson (Sec. 6,
confiscated and escheated to the State, unless
PD 1613):
the owner thereof can prove that he has no
1. If the fire started simultaneously in more
participation in nor knowledge of such arson
than one part of the building or
despite the exercise of due diligence on his part.
establishment.
2. If substantial amount of flammable
substances or materials are stored within  Attempted, frustrated and consummated arson.
the building not of the offender nor for 1. A person intending to burn a wooden
household use. structure, collect rags, soaks them in
gasoline and places them beside the
3. If gasoline, kerosene, petroleum or other wooden wall of the building. When he is
flammable or combustible substances or about to light a match to set fire to the rags,
materials soaked therewith or containers he is discovered by another who chases him
thereof, or any mechanical, electrical, away. The crime committed is attempted
chemical, or electronic contrivance designed arson.
to start a fire, or ashes or traces of any of 2. If that person is able to light or set fire to the
the foregoing are found in the ruins or rags but the fire was put out before any part
premises of the burned building or property. of the building was burned, it is frustrated.
3. But if the fire was put out, it had burned a
part of the building, it is consummated.
Chapter 9- Malicious Mischief
1. Art. 327. Who are liable for malicious mischief.
2. Art. 328. Special Cases of malicious mischief.
3. Art. 329. Other mischiefs
4. Art. 330. Damage and obstruction to means of communication.
5. Art.331. Destroying or damaging statutes, public monuments, or paintings by any person shall be punished.

Chapter 9- Malicious Mischief


Art.331.Destroying
or damaging
Art. 327. Who Art. 330.
statutes, public
are liable for Art. 328. Special Damage and
Art. 329. Other monuments, or
provision malicious Cases of malicious obstruction to
mischiefs paintings by any
mischief mischief. means of
person shall be
communication.
punished.

Elements: (also called qualified Mischiefs not Damage and Destroying or


1.That the malicious mischief): included in Art. obstruction to damaging statutes,
offender 1.Causing damage to 328 are means of public monuments,
deliberately obstruct the punished communication is or paintings by any
causes damage performance of public according to the committed by person shall be
to the property of functions. value of the damaging any punished.
another. 2.Using any poisonous damage caused. railway, telegraph
2.That such act or corrosive substance. or telephone
does not 3.Spreading any lines.
constitute arson infection or contagion If the damage
or other crimes among cattle. shall result in any
involving 4.Causing damage to derailment of
destruction. the property of the cars, collision, or
Act(s) 3.That the act of National Museum or other accident, a
punished/ damaging National Library, or to higher penalty
Elements another’s any archive or registry, shall be imposed.
property be waterworks, road,
committed promenade, or any
merely for the other thing used in
sake of common by the public.
damaging it.
Note: This third
element
presupposes
that the offender
acted due to
hate, revenge or
other evil motive.

who may Any person Any person Any person Any person Any person
commit
Crime(s) and if 1. By PCmin- PC med-max
2. 1. By PCmin-med 5. 1. Ama med- PC
penalty(ies) the value of the 1.
med if the value min on destruction
damage caused of the damage or damage to
P1,000; caused P1,000; statues or any
3. 6.
2. By AMa if such value 2. By AMa if useful or
does not exceed the such value does ornamental public
above-mentioned not exceed the monument.
amount but is over above- 2. Ame or a fine
P200; and mentioned not exceeding
4. 3. By AMe if such value amount but is P200, or both fine
does not exceed P200. over P200; and and imprisonment
3. By AMe if on destruction or
such value does damage to any
not exceed useful or
P200, or cannot ornamental painting
be estimated. of a public nature.

 Malicious mischief is the willful damaging of


another’s property for the sake of causing and occupy the premises. Thus, an essential
damage due to hate, revenge or other evil element of the crime of malicious mischief,
motive. which is “damage deliberately caused to the
property of another,” is absent because the
 Case: Caballes vs. Department of Agrarian private respondent merely cut down his own
Reform Bienvenido Abajon constructed his plantings.
house on the land, paying to owner, Andrea
Millenes. Andrea likewise allowed Abajon to  PD 1728
plant a portion of the land, agreeing that the (October 8, 1980)
produce will be shared by both on a fifty-fifty AMENDING PARAGRAPH 4 OF PD 9 DATED
basis. Millenes sold the land to Arturo and OCTOBER 2, 1972
Yolanda Caballes, intended to build a poultry • What is punished?
close to his house, thus advised Abajon to Conspiracy or proposal to maliciously
vacate the premises. Yolanda Caballes damage or destroy any building, vehicle, or
reprimanded Abajon from harvesting bananas other personal or real property by means
and jackfruit without her knowledge, Abajon, of explosives, incendiary devices, or any
with malicious and ill intent, cut down the similar agency or means of destruction.
bananas on the property. • Reason of amendment: recent bombings,
SC ruled that Abajon cannot be held criminally arsons, and other acts of terrorism and
liable for malicious mischief in cutting the lawlessness committed or being carried out
banana trees because, as an authorized by the radicals and other criminal elements
occupant or possessor of the land, and as a in Metro Manila and in other parts of the
planter of the banana trees, he owns the crops country, resulting in the loss of human lives,
including the fruits thereof. Abayon’s possession serious injuries to innocent civilians, sizable
of the land is not illegal or in bad faith because damage to property, and the waste and
he was allowed by the previous owners to enter destruction of valuable resources.

Chapter 10 Exemption from criminal liability in crimes against property


Art. 332. Persons exempt from criminal liability.

No criminal, but only civil liability shall result from the  Hence, if the crime is robbery, this article does
commission of the crime of theft, swindling, or not apply.
malicious mischief committed or caused mutually by  Reason for exemption: The law recognizes the
the following persons: presumed co-ownership of the property between
1. Spouses, ascendants and descendants, or the offender and the offended party.
relatives by affinity in the same line;  This article does not apply to stranger who
2. The widowed spouse with respect to the participates in the commission of the crime.
property which belonged to the deceased  Stepfather, adopted father, natural children,
spouse before the same shall have passed into concubine, paramour, included.
the possession of another; and
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.