Occupation of Real Property or Usurpation of Real Rights in Property Flashcards
Criminal Law 2018 VI
A group of homeless and destitute persons invaded and occupied the houses built by the National Housing Authority (NHA) for certain military personnel. To gain entry to the houses, the group intimidated the security guards posted at the entrance gate with the firearms they were carrying and destroyed the padlocks of the doors of the houses with the use of crowbars and hammers. They claimed that they would occupy the houses and live therein because the houses were idle and they were entitled to free housing from the government.
For the reason that the houses were already awarded to military personnel who have been found to have fully complied with the requirements for the award thereof, NHA demanded the group to vacate within ten (10) days from notice the houses they occupied and were still occupying. Despite the lapse of the deadline, the group refused to vacate the houses in question.
What is the criminal liability of the members of the group, if any, for their actions?
The members of the group who, by means of violence against or intimidation, shall take possession of any real property or shall usurp any real rights in property belonging to another, is criminally liable under Article 312 of the RPC or Occupation of Real Property or Usurpation of Real Rights in Property. In addition, they may also be charged with other crimes resulting from their acts of violence.
