If the entrance has been effected through any opening not intended for entrance or egress. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed. 307. Crimes against property are crimes of theft, where no force or threat of force is directed against an individual. Any person who shall enter an inclosed 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 cereals, or other forest or farm products. With Fore Upon Things ( Break-In), Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377 Landline: (632) 359-4203, 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan 1632 Taguig City, Philippines, © 2020 BATASnatin - Filipino's Comprehensive Online Law Resource and Community. 4. (As amended by R.A. 4885, approved June 17, 1967.)]. Intent to gain (animus lucrandi). That the fire started simultaneously in more than one part of the building or locale under circumstances that cannot normally be due to accidental or unintentional causes: Provided, however, That at least one of the following is present in any of the three above-mentioned circumstances: (a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value of such building and/or goods at the time of the fire; (b) That the defendant after the fire has presented a fraudulent claim for loss. Attorneys of the Philippines provide a free public service to help you locate the attorney you need, right in the place that you need their help. All crimes as defense lawyer or private prosecutor. (d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused exceeds 6,000 pesos. 3. 18). — When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos; 3rd. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos; 2. 315. Qualified a). Art. 301. If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed. Crimes Against Personal Liberty & Security, 12. — Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. Physical Injuries a. Mutilation b. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; 2. — When the arson consists in the burning of other property and under the circumstances given hereunder, the offender shall be punishable: 1. This paper. Modern jurisdictions criminalize several forms of theft under consolidated theft statutes that grade theft primarily on the value of the property stolen. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and. 2. (b) The robbery be committed under any of the following circumstances: 1. Damage and obstruction to means of communication. — The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. Revised Penal Code Elements of Crimes under Book II. Crimes against property include theft, crimes connected to theft, and crimes that invade or damage property. 3. Section One. Theft of the property of the National Library and National Museum. The penalty of prision correccional in its minimum and medium periods, if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos. — Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property taken exceeds 250 pesos, shall be punished by prision correccional if any of the following circumstances is present: 1. Malicious Mischief. — The robbery mentioned in the next preceding article, if committed in an uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor. — Cases of arson not included in the next preceding articles shall be punished: 1. Special cases of malicious mischief. Cases of arson not included in the preceding articles. 3. • 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. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. 5 Full PDFs related to this paper. — Any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100 pesos, or both. 6. Art. 316. By prision correccional in its maximum period to prision mayor in its medium period: (a) If a building used as dwelling located in an uninhabited place is set on fire and the damage caused exceeds 1,000 pesos; (b) If the value or the damage caused in the case mentioned in paragraphs (c) and (d) of subdivision 2 of this article does not exceed 200 pesos. 2. 324. 3. Any person who shall kidnap or detain another without lawful cause without the circumstances stated in the following section shall be punished within level 5. Art. What is an inhabited house, public building or building dedicated to religious worship and their dependencies. Information about crime in Philippines. 326. 71. Art. 304. Robbery is an uninhabited place or in a private building. Any person who, to the prejudice of another, shall execute any fictitious contract. 1. 4. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. — Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos. Any person who shall knowingly remove 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. 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. Art. 3. Violation of the Chattel Mortgage Law Crimes Against Property Evidence of Knowledge of Insufficient Funds, Sec. Art. C-6: Swindling & Other Deceits [Art. 300. Other deceits. The term “public building” includes every building owned by the Government or belonging to a private person not included used or rented by the Government, although temporarily unoccupied by the same. 1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. Art. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 332. 311. 297. Articles 315 & 316 - Crimes Against Property and Presidential Decree No.1689 Revised Penal Code of the Philippines Book Two - Title Ten CRIMES AGAINST PROPERTY Chapter Six SWINDLING AND OTHER DECEITS Art. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. (As amended by R. A. 3. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death (As amended by PD No. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. Rape a. 293. Who are guilty of robbery. (d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. 5. Art. (a) If an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000 pesos; (b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not exceed 6,000 pesos; (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire and the damage caused exceeds 6,000 pesos; and. 2. 2. 3. 4. Art. In an inhabited place, any storehouse or factory of inflammable or explosive materials. 1613 By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender. — The term “false keys” shall be deemed to include: 1. Art. — Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if: (a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means: 1. 3. — If death resulted as a consequence of arson committed on any of the properties and under any of the circumstances mentioned in the preceding articles, the court shall impose the death penalty. Persons exempt from criminal liability. Duty of Drawee; Rules of Evidence, Sec. 308. Who are liable for theft. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and. 310. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer: 1. — When more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence, they shall be deemed highway robbers or brigands. 318. Swindling a minor. a). 315-318], C-8: Arson & Other Crimes Involving Destructions [Art. Art. READ PAPER. Crimes committed outside the Philippines against any Philippine citizen, or entity registered in the Philippines, if committed against national security or interest or punishable by level 4 or higher crime, unless punishable in the place where the crime is committed; Nationality 4. Download Full PDF Package. Art. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means: 1. Art. Some such crimes do not require the offender to make off with stolen goods or even to harm a victim - such as burglary, which only requires unlawful entry with the intent to commit a crime. 7. Setting fire to property exclusively owned by the offender. 6. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family. Art. It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven. — Any person guilty of arson or causing great destruction of the property belonging to another shall suffer the penalties prescribed in this chapter, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. 4. Art. 5. (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. 325. When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms. 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