CHAPTER III

SPECIALIZED CRIMES RELATED TO PROPERTY

Introduction

Crimes against property is any criminal act that destroys another's property, or that
deprives an owner of property against the owner's will. The criminal law generally
considers these crimes less serious than violent crimes, or crimes against persons, but
they can still constitute very serious felony charges.

Arson and vandalism are examples of crimes that destroy another's property. Examples
of crimes that unwillingly deprive an owner of property are far more abundant, including
larceny, embezzlement, receiving stolen goods, extortion (blackmail), robbery (a
combination of violent crime and crime against property), burglary, and industrial
espionage, to name just a few. There are also a wide range of crimes that fall under the
domain of intellectual property law, and the occurrence of these is rising sharply as
information becomes a stronger and stronger motive force in the economies of the
developed and developing world.

Robbery - is the taking of personal property belonging to another, with intent to gain, by
means of violence against or, intimidation of any person, or use of force upon things.

Who are guilty of robbery? Any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence against or intimidation of
any person, or using force upon anything shall be guilty of robbery. (Art. 293 RPC).

Classification of Robbery
1. Robbery with violence against, or intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299 & 302)

Elements of Robbery in General

1. That there be personal property belonging to another;

2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person/ or force used upon things
 Violence or intimidation must be present before the taking of personal property is
complete
 Republic Act 6539 is the law applicable when the property taken in robbery is a
motor vehicle

Personal Property
The property taken must be personal property, for if real property is occupied or real
right is usurped by means of violence against or intimidation of person, the crime is
usurpation (art.312)
Belonging to another

"Belonging to another” means that the property taken does not belong to the offender.
The person from whom the personal property is taken need not be the owner.
Possession of the item is sufficient.

In the commission of the crime of robbery, it is taken by means of threats and violence.
It is sufficient if the property is taken from him by means of threats and violence for the
purpose of gain, on the part of the person appropriating it. (US vs Albano, 29 Phil 86).

Taking of personal property must be unlawful

The unlawful taking of personal property is an essential part of the crime of robbery, and
where the taking was lawful and the unlawful misappropriation was subsequent to such
taking, the crime is estafa or malversation (US s. Atienza, 2 Phil 242).

Unlawful taking, when complete

1. As to robbery with violence against intimidation of persons.

From the moment the offender gains possession of the thing, even if the culprit has had
no opportunity to dispose the same, the unlawful taking is complete. The fact that the
defendant in his fight threw away the property stolen or that it fell without his knowledge,
does not affect the nature of the crime.

2. Robbery with force upon things.

When the culprit had already broken the floor of the bodega, had entered it, and had
removed one sack of sugar from the pile, but was caught in the act of taking out the
sack of sugar through the opening on the floor, it was frustrated robbery only.

Note: It would seem that in this kind of robbery, the thing must be taken out of the
building to consummate the crime.

Taking as an element of robbery, means depriving the offended party of ownership of

the thing taken with the character of permanency.

Intent to gain

Intent to gain is presumed from the unlawful taking of personal property. The intent to
gain, being an internal act, cannot be established by direct evidence, except in case of
confession by the accused. It must therefore, be deduced from the circumstances
surrounding the commission of the offense. As a general rule, however, the unlawful
taking of personal property belonging to another involves intent to gain on the part of the
offender.
Violence or intimidation, as an element of robbery.

The violence must be against the person of the offended party, not upon the thing
taken. Theft, not robbery, was committed in a case where the accused cut with the bolo
the string trying to open of a sack containing palay and then took the palay.

Highway Robbery -The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or
intimidation of person or force upon thing or other unlawful means, committed by any
person on any Philippine Highway.

Who are liable for theft?

Theft is committed by any person who, with intent to gain but without violence, against,
or intimidation of neither persons nor force upon thing, shall take personal property of
another without the latter's consent. Art 308 RPC

Theft is likewise committed by

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 objects of the damage caused by him;

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 fruits, cereals, or other forest of farm products.

Elements

1. That there be taking of personal property;

2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.

What distinguishes Theft from Robbery is that in theft the offender does not use
violence or intimidation or does not enter a house or building through any of the means
specified in Art. 299 or Art. 302 in taking personal property of another with intent to gain.

 Asportation (detachment, movement or carrying away) is complete from the

moment the offender had full possession of the thing.
 Actual or real gain not necessary, as long as taking was with intent to gain.
Presidential Decree 581 - punishes "High grading" or Theft of Gold.
Presidential Decree 401 - punishes the use of tampered water or electrical. meters to
steal water or electricity.

Meaning of "taking " in theft

In theft taking, taking away or carrying away personal property of another is not required
as in larceny (theft of personal property) in common law. The theft was consummated
when the culprits were able to take possession of the thing taken by them.

Robbery and theft compared.

For robbery to exist, it is necessary that there should be a taking against the will of the
owner; and for theft, it is sufficing that the consent on the part of the owner is lacking.
(People vs. Chan Wat, 49 Phil. 116)

Qualified Theft. Theft becomes qualified when any of the following circumstances
under Art 310 of the RPC is present: (1) the theft is committed by a domestic servant;
(2) the theft committed with grave abuse of confidence; (3) the property stolen is a
motor vehicle, mail matter, or large cattle; (4) If the property stolen consists of coconuts
taken from the premises of plantation; (5) If the property stolen is fish taken from a
fishpond or fishery; and (6) If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular accident or civil and
disturbance.

Republic Act No. 6539 an Act Preventing and Penalizing Carnapping, Act of 1972,
is the law applicable when the property taken in robbery is a motor vehicle.

Carnapping - The taking, with intent to gain, of a motor vehicle belonging to another
without the latter's consent, or by means of violence against or intimidation of persons,
or by using force upon things. (Sec 2 Republic Act No. 6539)

Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is
defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken,
be punished by imprisonment for not less than fourteen years and eight months
and not more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more
than thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life imprisonment to
death shall be imposed when the owner, driver or occupant of the carnapped motor
vehicle is killed in the commission of the carnapping. (Sec 14.Republic Act No. 6539)
Republic Act No. 6235 An Act Prohibiting Certain Acts Inimical to Civil Aviation

Hijacking - A term which immediately conjures the images of a group of heavily armed
and determined men and women holding up an airplane, ship, bus, van, or other vehicle
in order to achieve their nefarious objectives.

How to commit hijacking;

It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight.
An aircraft is in flight from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation, (Sec 1. Par 1.
Republic Act No. 6235)

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to
land in Philippine territory or to seize or usurp the control thereof while it is within the
said territory. (Sec 1. Par 1. Republic Act No. 6235)

PENALTY

Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine
of not less than twenty thousand pesos but not more than forty thousand pesos. (Sec 2.
Par 1.Republic Act No. 6235)

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-
five thousand pesos but not more than fifty thousand pesos shall be imposed upon any
person committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to
destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or
rape.

Presidential Decree 533- Anti-Cattle Rustling Law of 1974

Cattle Rustling the taking away by any means, method or scheme, without the consent
of the owner/raiser, of any of the animals (classified as large cattle whether or not for
profit or gain, or whether committed with or without violence against or intimidation of
any person or force upon things. It includes the killing of large cattle, or taking its meat
or hide without the consent of the owner /raiser.

The word "cattle" is defined as including horses, asses, mules, sheep, goats and swine.
(see Law dictionary by Balletine, 1948 Edition, p. 196)
PD No.1612 Anti-Fencing Law

Fencing the act of any person who, w/ intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in
any other manner deal any article, item, object or anything of value w/c he knows, or
should be known to him, to have been derived from the proceeds of the crime of
robbery or theft. Sec. 2 par. a PD No. 1612 Anti-Fencing Law.

Fence - includes any person, firm, association, corporation or partnership or other

organization who/which commit the act of fencing. Sec. 2 par. b. PD No. 1612 Anti-
Fencing Law.

Presumption of Fencing. Mere possession of any good, article, item, object, or

anything of value w/c has been the subject of robbery or thievery shall be prima facie
evidence of fencing. Sec. 5 PD No. 1612 Anti-Fencing Law

Clearance/Permit to Sell/Used Second Hand Articles.

All stores, establishments or entities dealing in the buy and sell of any good, article,
item, object or anything of value shall before offering the same for sale to the public,
secure the necessary clearance or permit from the station commander of the Integrated
National Police in the town or city where such store, establishment or entity is located.
Sec. 6. PD No. 1612 Anti Fencing Law

Any person who fails to secure the required clearance/permit shall also be punished as
a fence. PD No. 1612 Anti-Fencing Law

PD 1613 - Amending the Law on Arson

Arson- Malicious destruction of property by means of fire.

Kinds of arson
1. Arson (sec. 1 P.D. No. 1613)
2. Destructive Arson (Art 320, as amended by RA No.7659)
3. Other cases of Arson (sec.3 P.D. No. 1613)

Arson - any person who burns or sets fire to the property of another; or to his own
property under the circumstances which expose to danger the life or property of
another.

Destructive Arson

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 train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property
4. Any church or place of worship or other building where people usually assemble
5. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceeding
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.

Other Cases of Arson

a. Any building used as offices of the Government any of its agencies.

b. Any inhabited house or dwelling.
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
d. Any plantation, farm, pasture land, growing crop or grain field, orchard, bamboo
grove or forest.
e. Any rice mill, sugar mill, cane mill or mill central.
f. Any railway or bus station, airport, wharf, or warehouse.

Special Aggravating Circumstances in Arson

i. If committed with intent to gain.

ii. If committed for the benefit of another.
iii. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned.
iv. If committed by a syndicate.

 The offense is committed by a syndicate if it is planned or carried out by a

group of three or more persons.
 If a part of the building commences to burn, the crime is consummated
arson, however small is the portion burned
 When there is fire, the crime committed is either frustrated or consummated
arson, never attempted.

Where death results from arson - If by reason of or the occasion of arson death
results, the penalty of reclusion perpetua to death shall be imposed. Sec 5. PD 1613

Prima Facie Evidence of Arson - any of the following circumstances shall constitute
prima facie evidence of arson; (PD 1613 and Art. 326-B, RPC)

1. If the fire started simultaneously in more than one part of the building or
establishment.
2. If substantial amount of flammable substances or materials are stored within the
building not necessary on business of the offender for the household use;

3. If after the fire, materials or substances soaked in flammable or any mechanical,

electrical, chemical, or electronic contrivance design to start a fire or ashes or traces of
any of the fire going are found.

4. If the building or property is insured substantially more than its actual value at the
time of the fire;
5. If during the lifetime of the corresponding fire insurance policy, more than two fires
had occurred in the same or other premises owned and under the control of the
offender and or insured;

6. If shortly before the fire, a substantial portion of the stocks insured and stored inside
the building were withdrawn not connected with the ordinary course of business.

7. If a demand for money or any valuable considered was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of
the victim.

Attempted, frustrated and consummated arson

1. A person, intending to burn a wooden structure collects some rags, soaks them in
gasoline and places them beside the wooden wall of the building. When he is about to
light a match set fire to the rags, he is discovered by another who chances him away.

The crime committed is attempted arson, because the offender commences the
commission of the crime directly by overt acts (placing a lighting match) but does not
perform all the act of execution (the setting of the fire to rags) due to the timely
intervention of another who chase away the offender.

2. If that person is able light or set fire to the rags but the fire was put out before any
part of the building was burned, it is frustrated. (U.S. us valdez, 39Phil. 240)

3. But if before the fire was put out, it had burned a part of the building, it is
consummated.

Any charring of the wood of a building, whereby the fiber of the wood is destroyed, is
sufficient. It is not necessary that the wood should be ablaze. (4Am. Jur.88-89) and a
mere fact that a building is scorched or discolored by heat is not sufficient to constitute
consummated arson. Setting fire to the contents of the building constitute consummated
crime of setting fire to the building, even if no part of the building was burned. (U.S. vs.
Go Foo Suy. 25 Phil. 187).

Note: If the property burned is an inhabited house or dwelling, it is not required that the
house be occupied by one or more persons and the offender knew it when the house
was burned. (Sec 3, par. 2, P.D. No 1613)

There is no complex crime of arson with homicide. P.D. 1613 provides that if by reason
of or on occasion of arson death results, the penalty of reclusion perpetua to death shall
be imposed. The crime of homicide is absorbed.

The prima facie evidence of arson. Is that any of the seven (7) circumstances
enumerated in section 6 of P.D. No. 1613 shall constitute prima facie evidence of arson.
Standing alone, unexplained or uncontradicted, any of those circumstances is sufficient
to established the fact of arson.

Malicious Mischief (defined) is the unlawful damaging of another's property for the
sake of causing damage due to hate, revenge, or other evil motive. (Art 327 RPC)

What are the crimes classified as malicious mischief?

1. Special Cases of Malicious Mischief. (Art 328 RPC)

Any person who shall cause damage to obstruct the performance of public functions, or
using any poisonous or corrosive substance; or spreading any infection or contagion
among cattle; or who cause damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public.

2. Other Mischief (Art 329 RPC)

The mischiefs not included in the next preceding article

3. Damage and obstruction to means of communication (Art 330 RPC)

Any person who shall damage any railway, telegraph or telephone lines. If the damage
shall result in any derailment of cars, collision or other accident, the penalty of prision
mayor shall be imposed, without prejudice to the criminal liability of the offender for the
other consequences of his criminal act.

4. Destroying or damaging statutes, public monuments or paintings (Art 331 RPC)

Any person who shall destroy or damage statues or any other useful or ornamental
public monument shall suffer the penalty of arresto mayor in its medium period to
prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public
nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or
both such fine and imprisonment, in the discretion of the court.
Who are liable for malicious mischief - any person who shall deliberately cause to
the property of another any damage shall be guilty of malicious mischief. (Art 327 RPC)

Elements of Malicious Mischief

1. That the offender deliberately cause damage to the property of another.

2. That such act does not constitute arson or other crimes involving destruction.
3. That the act of damaging another's property be committed merely for the sake of
damaging it.

Note: These three elements presupposes that the offender acted due to hate, revenge
or other evil motive.
Review Questions # 3

Name: Sheet Number

Date Taken: Result:

Part I- Multiple Choice

Instruction: Choose the best answer. Write the letter on the space provided. If all the
options do not fit the statements, write the correct answer on the blank.

1. Is a property crime similar to larceny-theft in that it involves a crime against the

property of another but dissimilar in that it does not require taking the property away or
intending to deprive the owner of possession.
a. Unauthorized use b. Fraud in the taking
c. Reckless destruction d. Malicious mischief

2. The oldest common law theft crime is:

a. Robbery b. Larceny -theft
c. Burglary d. Fencing

3. Under common law, which of the following was true in regards to arson?
a. Negligence was sufficient to establish arson
b. Criminal intent was not necessary
c. The requirement of burning did not require the dwelling be burned completely
d. You could commit arson by burning your own dwelling

4. The seizure of any person for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of violence against or intimidation of
person or force upon thing or other unlawful means, committed by any person on any
Philippine Highway.
a Highway Robbery b. Highway Robbery & Brigandage
c. Brigandage d. Robbery

5. The taking away by means, method or scheme, without consent of the owner/raiser,
of any of the animals classified as large cattle, whether or not for profit or gain, or
whether committed with or without violence against of intimidation of any person or
force upon things.
a. Cattle Rustling b. Robbery
c. Theft d. Qualified Theft

6. The act of any person who, w/ intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in
any other manner deal any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of the crime of
robbery or theft.
a. Fencing b. Theft
c. Robbery d. Robbery with force upon things

7. Any person who burns or set fire to the property of another; or to his own property
under the circumstances which expose to danger the life or property of another.
a. Malicious Mischief b. Crimes Against Property
c. Arson d. all of the above

8. The willful damaging of another property for the sake of causing damage due to hate,
revenge, or other evil motive.
a. Malicious Mischief b. Crimes Against Property
c. Arson d. all of the above

Part II- Fill in the Blanks

Instruction: Choose the correct answer from the answers given below and write your
answer on the blank after the number.

Robbery Robbery in Band

Highway Robbery Robbery in General
Qualified Theft Simple Theft
Carnapping Destructive Arson
Hijacking Fencing
Arson Presumption of Fencing
Cattle Rustling

1. _____is the taking of personal property belonging to another, with intent to gain,
by means of violence against or, intimidation of any person, or use of force upon things.

2. _____extortion or other unlawful purposes, or the seizure of any person for

ransom, taking away of the property of another by means of upon thing or other
unlawful means, committed violence against or intimidation of person or force by any
person on any Philippine Highway.
3. _____The crime of theft shall be punished those respectively specified in the
next proceeding by the penalties next higher by two degrees than articles, if committed
by domestic servants or with grave abuse of confidence, or if the property stolen is
motor vehicle, mail matter or large cattle or consist of coconut taken from the premises
of the plantation or fish taken from a fishpond or fishery, or if the property is taken on
the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance. Art. 310 RPC (As Amended by R.A. No. 120 and
B.P. Blg.71, May 1,1980)
4. _____ The taking, with intent to gain, of a motor vehicle belonging to another
without the latter's consent, or by means of violence against or intimidation of persons,
or by using force upon things. (Sec 2. Republic Act No. 6539)
5. _____ A term which immediately conjures the images of a group of heavily
armed and determined men and women holding up an airplane, ship, bus, van, or other
vehicle in order to achieve their nefarious objectives.
 6. _____ The taking away by any means, method or scheme, without the consent of
the owner/raiser, of any of the animals (classified as large cattle) whether or not for
profit or gain, or whether committed with or without violence against or intimidation of
any person or force upon things. It includes the killing of large cattle, or taking its meat
or hide without the consent of the owner /raiser.
7. _____ the act of any person who, w/ intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell,
or in any other manner deal any article, item, object or anything of value w/c he knows,
or should be known to him, to have been derived from the proceeds of the crime of
robbery or theft. Sec. 2 PD No. 1612 Anti-Fencing Law.
8. _____ Mere possession of any good, article, item, object, or anything of value
w/c has been the subject of robbery or thievery shall be prima facie evidence of fencing.
Sec.5 PD No. 1612 Anti-Fencing Law.
9. _____Any person who burns or sets fire to the property of another; or to his own
property under the circumstances which expose to danger the life or property of
another.

Part III- Essay Explain the following.

1. Who are guilty of robbery?
2. Who are liable for theft?
3. How does one commit hijacking?