CRIMES AGAINST PROPERTY

1. Art 294 RPC

Robbery in general, elements:
a. That there be personal property belonging to another;
b. That there is unlawful taking of that property;
c. The taking must be with intent to gain; and
d. That there is violence against or intimidation of any persons or force
upon anything.
Note: Where the original design comprehends Robbery, and homicide is
perpetrated by reason or on occasion of the consummation of the former, the
crime committed is Robbery with Homicide. Ex: A, with the intention of
robbing a pawnshop, uses violence against or intimidation of person, takes
the jewelries and monies inside but during the incident, a responding
barangay tanod dies afte he was shot by the robber, the crime committed is
Robbery with Homicide.
Problem: A lost his watch. One day, A saw B using the watch. A,
recognizing the watch, asked B to give it to him because it was his property.
Because B refused, A, with drawn pistol, told him that if B would not give
him the watch, A would kill him. Because of fear for his life, B gave the
watch to A against B’s will. What crime did A commit? Answer: There is no
robbery because one of the essential elements of robbery is that, personal
property must belong to another, here, the watch is owned by A. He cannot
be held liable for the crime but instead, he would be guilty of Grave
Coercion.

2. Art 296 RPC

Definition of a band(Robbery in Band)
When more than three armed malefactors take part in the commission of a
robbery, it shall be deemed to have been committed by a band.
Note: The purpose of the offenders is to commit robbery not necessarily in the
highways. IF the agreement among more than three armed men was to commit a
PARTICULAR robbery, the offense is not brigandage, but only Robbery in band.
3. Art 306 RPC
Brigandage, elements:
a. There be at least 4 armed persons;
b. They formed a band of robbers; and
c. The purpose is ANY of the following:
i. To commit robbery in a highway;
ii. To kidnap persons for the purpose of extortion or to obtain ransom;
or
iii. To attain by means of force and violence.
Note: Evidence that the accused was a member of an armed band is not sufficient
to convict him of brigandage, where there is no evidence showing that the band
was ORGANIZED for any of the purposes mentioned in Art 306.
But if the accused were members of a lawless band and that the firearms possessed
by them were unlicensed, it is to be presumed that they were highway robbers or
brigands.(People v. Dela Rosa, C.A. 49 O.G 2863)
4. Art 308 RPC
Theft; elements:
a. That there be taking of personal property;
b. Said property belongs to another;
c. The taking be done with intent to gain and without the consent of the
owner;
d. The taking be accomplished without the use of violence against or
intimidation of persons or force upon things.
Note: There is no crime of Frustrated Theft.
Problem: The accused were sighted outside a supermarket by a security
guard hauling a pushcart with cases of detergents and thereafter loading said
cases of detergents in a taxi. When the taxi was stopped by a security guard
who asked the accused for a receipt for the merchandise, the accused fled on
foot but were apprehended and the stolen merchandise were recovered. The
accused is guilty of Theft. It is immaterial to the product of the felony
that the offender, once having committed all the acts of execution for
theft, is able or unable to freely dispose of the property stolen since the
deprivation from the owner alone has already ensued from such acts of
execution.
5. Art 310 RPC
Qualified Theft, elements:
a. Taking of personal property belonging to another;
b. There is intent to gain without the owner’s consent;
c. It is accomplished without violence against or intimidation of persons or
force upon things; and
d. It is done with grave abuse of confidence.
Ex: A, is a domestic servant of B. While B and his family are out of the town, A
succeeded in taking the cellphones and jewelries owned by his master/employer.
What crime did A commit?
6. Art 312 RPC
Occupation of Real Property or usurpation of real rights in property;
elements:
a. The offender takes possession of any real property or usurps any real
rights in property;
b. The real property or real rights belong to another;
c. Violence against or intimidation or persons is used by the offender in
occupying real property or usurping real property or usurping real right in
property; and
d. There is intent to gain.

Note: When there is NO violence or intimidation used and there is NO

INTENT TO GAIN, the crime is malicious mischief.
 Problem: The accused who had lost the case in a cadastral proceeding,
took possession of the land adjudicated in favor of the offended party and
harvested the palay by means of threats and intimidation. Held: Guilty of
usurpation of real right.

7. Art 315 RPC

Swindling/Estafa; elements in general:
a. The accused defrauded another by abuse of confidence or by means of
deceit; and
b. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third persons.
Estafa with unfaithfulness, elements:
a. The offender has an onerous obligation to deliver something of value;
b. He alters its substance, quantity or quality; and
c. Damage or prejudice capable of pecuniary estimation is caused to the
offended party or third persons.
Example: A, is the sole proprietor of a gasoline station. B, who is his
loyal customer, orders ten gallons of Premium gasoline to be delivered by
A. Before the gallons of gasoline were delivered, A mixed it with water.
B found out that the gasoline is not pure as it is apparent that water is
added on it estimating to be at 3 liters. What crime did A commit?
Estafa with abuse of confidence, elements:
a. That money, goods or other personal property be received by the offender
in trust, or on commission or for administration or under any obligation
involving the duty to make delivery of, or to return the same;
b. That there be misappropriation or conversion of such money or property
by the offender, or denial on his part of such receipt;
c. Such misappropriation or conversion or denial is to the prejudice of
another; and
d. That there is demand made by the offended party to the offender.
Note: It will be noted that in general, estafa is committed either by means of deceit
or with abuse of confidence(U.S. v. Rivera, 23 Phil.338)
But deceit may co-exist with abuse of confidence in the commission of estafa.
Thus, ----A intervened as a mediator between B and C in a transaction of sale. A
told B, the owner of the property, that C would buy it for P500, when in truth and
in fact, C was buying it for P600. When C paid through A, the latter gave B only
the P500, pocketing the P100. A is liable of Estafa committed by means of deceit
and abuse of confidence.
8. Art 316 RPC
Other Forms of Swindling; elements:
a. Any person who pretending to be the owner of any real property, shall
convey, sell, encumber or mortgage the same;
b. Any person who knowing that real property is encumbered, shall dispose
of the same, although such encumbrance be not recorded.
Problem: A sold a parcel of land to B. Later, A sold the same parcel of land
to C, representing to the latter that he was the owner thereof. At the time he
 sold the land to C, A was not longer the owner of the property. A is guilty
under Art 316 of the RPC.
9. Art 327 RPC
Malicious Mischief; elements:
a. That the offender deliberately caused damage to the property of another;
b. That such act does not constitute arson or other crimes involving
destruction; and
c. That the act of damaging another’s property be committed merely for the
sake of damaging it.
Note: If after damaging the property, the offender removes or makes use of
the fruits or objects of the damage, it is theft since intent to gain is apparent.
Problem: The cows of B caused destruction of the plants of A. As an act of
revenge, A and his tenants killed said cows. Held: The crime being
committed out of hate and revenge, is that of malicious mischief.
10.Art 332 RPC
Persons Exempt from criminal liability
Crimes involved in the exemption:
a. Theft
b. Swindling/estafa
c. Malicious Mischief
Persons exempted:
i. Spouses, ascendants and descendants or relatives by affinity in the
same line;
ii. Brothers and sisters and brothers in law and sisters in law, if living
together;
iii. Stepfather, adopted father, natural children, concubine, paramour
included as ascendants by affinity;
iv. The widowed spouse with respect to the property which belonged to
the deceased spouse before the same shall have passed to the
possession of another.

Problem: A stepfather, who was angry with his stepson, took the
suitcase of the latter with its contents and burned it in an orchard. As
this crime should be treated as malicious mischief only, the stepfather
is not criminally liable.
The victim is the stepson and the offender is the stepfather. No
criminal liability will attach to the stepfather.