Crimes Against Property

Question 1

What are the ELEMENTS of Art.293 “Who are guilty of robbery”?

Answer 1

1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking is with intent to gain; and
4. That there is violence against or intimidation of persons or force upon things.

Question 2

What are the ELEMENTS of Art.294 “Robbery with violence against or intimidation of persons”?

Answer 2

1. That there be personal property belonging to another;
2. That there be unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person or use of force upon things.

Question 3

What are the ELEMENTS of Robbery with Homicide or Rape?

Answer 3

1. The taking of personal property with the use of violence or intimidation against a person;
2. The property this taken belongs to another;
3. The taking is characterized by intent to gain;
4. On the occasion of the robbery or by reason thereof, the crime of HOMICIDE, which is therein used in a generic sense, was committed OR
   the robbery is accompanied by RAPE.

Question 4

What are the ELEMENTS of Art. 298 “Execution of deeds by means of violence or intimidation”?

Answer 4

1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public instrument or document.
3. That the compulsion is by means of violence or intimidation.

Question 5

Where can “Robbery by Use of Force upon things” be committed?

Answer 5

1. Inhabited house.
2. Public building.
3. Edifice devoted to religious worship.
4. Uninhabited place.
5. Private building other than an inhabited house, public building or edifice devoted to religious worship under Art. 299.

Question 6

What are the ELEMENTS of Art. 308 “Theft”?

Answer 6

1. The taking of personal property;
2. That the property belongs to another;
3. That the taking was done with intent of gain;
4. That it was done without the consent of the owner, and
5. That it was accomplished without violence or intimidation of persons nor force upon things.

Question 7

When is Theft QUALIFIED(Art. 310)?

Answer 7

If it is committed by a Domestic Servant, or with GRAVE ABUSE OF CONFIDENCE, or
if the property stolen is a motor vehicle, mail matter or large cattle, or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

Question 8

What are the ELEMENTS of Fencing?

Answer 8

1. A crime of robbery or theft has been committed;
2. The accused, who is not a principal or an accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime;
3. The accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and
4. There is on the part of the accused, intent to gain for himself or for another.

Question 9

What are the ELEMENTS of Art. 312 “Occupation of real property or usurpation of real rights in property”?

Answer 9

1. Occupation of another’s real property or usurpation of a real righ belonging to another person;
2. Violence or intimidation should be employed in possessing the real property or in usurping the real right, and
3. The accused should be animated by the intent to gain.

Question 10

What are the ELEMENTS of Art. 315 “Swindling (Estafa)”?

Answer 10

1. That the accused defrauded another:
   A. By abuse of confidence or
   B. By means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

Question 11

What are the TWO ways of violating BP22?

Answer 11

1. By making or drawing and issuing a check to apply on account or for value knowing at the time of issue that the check is not sufficiently funded; and
2. By having sufficient funds in or credit with the drawee bank at the time of issue but failing to keep sufficient funds therein or credit with said bank to cover the full amount of the check when presented to the drawee bank within a period of 90 days.

In BOTH instances, the offense is consummated by the dishonor of the check for insufficiency of funds or credit.

Question 12

What are the TWO ways of violating Art. 319 “Removal, Sale or Pledge of Mortgaged Property”?

Answer 12

1. Removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns.
2. Selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located.

Question 13

What is Arson and what are its TWO types?

Answer 13

Arson is the malicious burning of property.

Types:
1. Destructive Arson (Art. 320, RPC) - The malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories, and other military, government or commercial establishments by any person or group of persons.

2. Simple Arson (RA 1613) - The malicious burning of public and private structures, regardless of size, not included in Art. 320 and classified as other cases of arson.

Question 14

What are the ELEMENTS of Art. 327 “Malicious Mischief”?

Answer 14

1. That the offender deliberately caused 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.

Question 15

Under Art. 332 “Persons exempt from criminal liability”, what CRIMES are covered and WHO are exempted from CRIMINAL LIABILITY?

Answer 15

Crimes covered under Art. 332:
1. Theft.

2. Swindling.
3. Malicious Mischief.

Who are covered:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and
3. Brothers and Sisters and “Sibilings”-in-law”, if living together.