Module 2.9: Crimes Against Property

1. Learning Objectives

Differentiate the elements and circumstances of Robbery, Theft, and Estafa.
Identify the various forms of Robbery and the qualifying circumstances for each.
Understand the special complex crimes associated with Robbery, particularly Robbery with Homicide.
Analyze the nuances of Qualified Theft and its distinction from simple theft.
Recognize the different modes of committing Estafa (Swindling) and other forms of deceit.
Distinguish between Destructive Arson and Simple Arson under Philippine law.
Apply knowledge to solve case-based problems involving crimes against property.

2. ROBBERY (Art. 293-305)

A. ROBBERY IN GENERAL (Art. 293)

Definition: 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 using force upon things.
Elements:
1. Unlawful Taking: The property must be taken without the owner's consent.
2. Personal Property: The object of the crime must be movable property.
3. Belonging to Another: The property must not be owned by the offender.
4. Intent to Gain (Animus Lucrandi): The taking must be for the purpose of profiting from it.
5. Violence, Intimidation, or Force: The taking is effected by either:
  - Violence against or intimidation of any person (Robbery with Violence/Intimidation)
  - Force upon things (Robbery by Force Upon Things)

B. ROBBERY WITH VIOLENCE OR INTIMIDATION (Art. 294)

This article covers situations where robbery is committed with violence or intimidation against persons. It includes several special complex crimes.

Special Complex Crimes: When a single indivisible act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed.
Robbery with Homicide:
- This is a special complex crime where the original intent is robbery, but a killing occurs by reason or on occasion of the robbery.
- Key Principle: All killings committed during the robbery, from its inception until its conclusion, are absorbed into the single crime of "Robbery with Homicide." This applies whether the victim is the person robbed, an agent, a bystander, or even one of the robbers. The penalty is reclusion perpetua to death.
Other Crimes under Art. 294:
- Robbery with Rape or Intentional Mutilation.
- Robbery resulting in Serious Physical Injuries.

C. ROBBERY BY BAND (Art. 296)

When is there a band? A robbery is considered committed by a "band" (cuadrilla) when it is carried out by more than three (i.e., at least four) armed malefactors.
The presence of a band is an aggravating circumstance.

D. ROBBERY IN AN INHABITED HOUSE (Art. 299)

This refers to robbery by use of force upon things committed inside a dwelling.

Modes of Entry:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, floor, or breaking any door or window.
3. Using false keys, picklocks, or similar tools.
4. Using a fictitious name or pretending to exercise public authority.

E. ROBBERY IN AN UNINHABITED PLACE (Art. 302)

This applies if the robbery is committed in a building or structure that is not a dwelling, or in an inhabited house but at a time when the inhabitants are temporarily absent.

F. ROBBERY OF CEREALS, FRUITS (Art. 304)

This is a specific provision for robbery committed in an uninhabited place where the items stolen are cereals, fruits, or firewood.

3. BRIGANDAGE (Art. 306-307)

Definition (Art. 306): The seizure of any person for ransom, extortion, or other unlawful purpose, or the taking of the property of another by means of violence against or intimidation of persons, committed by a band on a Philippine highway.
Highway Robbery (PD 532): This presidential decree expanded the concept of brigandage. It defines highway robbery as the act of salisi (ambush), or the stopping of any person on a highway for the purpose of committing robbery. It does not require a band.
Aiding or Abetting Brigands (Art. 307): Any person who knowingly and in any manner aids, abets, or protects a band of brigands is punished as a principal.

4. THEFT (Art. 308-311)

A. THEFT (Art. 308)

Definition: Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.
Elements:
1. Unlawful Taking.
2. Personal Property belonging to another.
3. Intent to Gain (Animus Lucrandi).
4. Lack of consent from the owner.
5. Absence of violence, intimidation, or force upon things.
Distinction from Robbery: The key difference is the absence of violence, intimidation, or force. If any of these are present, the crime is robbery.

B. QUALIFIED THEFT (Art. 310)

Theft is qualified, and punished more severely, under certain circumstances.

Circumstances that Qualify Theft:
1. Committed by a domestic servant.
2. Committed with grave abuse of confidence.
3. Property stolen is a motor vehicle, mail matter, or large cattle.
4. Property stolen consists of coconuts taken from the premises of a plantation.
5. Property stolen is fish taken from a fishpond or fishery.
Grave Abuse of Confidence: This exists when the offender, because of a relationship of trust and confidence with the owner, has access to the property and uses that access to commit the theft.

C. THEFT OF ELECTRICITY (Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994 - RA 7832)

This law penalizes the illegal use of electricity and theft of electric power transmission lines and materials. It's a special form of qualified theft.

5. USURPATION (Art. 312-313)

Occupation of Real Property or Usurpation of Real Rights (Art. 312): This crime is committed by 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.
Altering Boundaries or Landmarks (Art. 313): This is committed by any person who alters the boundary marks or monuments of towns, provinces, or estates.

6. CULPABLE INSOLVENCY (Art. 314)

This is committed by any person who shall abscond with his property to the prejudice of his creditors. The offender is solvent but pretends to be insolvent to defraud creditors.

7. SWINDLING AND ESTAFA (Art. 315-318)

A. ESTAFA (Art. 315)

Estafa is a crime of fraud or deceit. Damage or prejudice to the offended party is an essential element.

Three Ways of Committing Estafa:
1. With unfaithfulness or abuse of confidence (Art. 315, par. 1): Involves misappropriation of money, goods, or other personal property received in trust or on commission, or for administration.
2. By means of false pretenses or fraudulent acts (Art. 315, par. 2): Involves using a fictitious name, falsely pretending to possess power, influence, etc., or by means of other similar deceits. This is classic "scamming."
3. Through fraudulent means (Art. 315, par. 3): Examples include inducing another to sign a document, or issuing a check without sufficient funds (Bouncing Checks Law - BP 22 is a separate offense but can also be estafa).
Elements of Estafa with Abuse of Confidence:
1. Money, goods, or other personal property is received by the offender in trust, on commission, or for administration.
2. There is a duty to deliver or return the same.
3. The offender misappropriates or converts such property.
4. Such misappropriation prejudiced the offended party.
Elements of Estafa by Deceit:
1. There must be a false pretense or fraudulent act.
2. Such false pretense must be made prior to or simultaneous with the commission of the fraud.
3. The offended party must have relied on the false pretense.
4. As a result, the offended party suffered damage.

B. OTHER DECEITS (Art. 318)

This is a catch-all provision for other forms of deceit not covered by Art. 315, where the offender causes damage to another.

C. Estafa through Falsification

This is a complex crime where falsification of a document is a necessary means to commit estafa. The penalty for the more serious crime (falsification) is applied in its maximum period.

8. CHATTEL MORTGAGE (Art. 319)

This crime is committed by a 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.
It is also committed by any mortgagor who shall sell or pledge personal property already pledged, without the consent of the mortgagee written on the back of the mortgage.

9. ARSON (Art. 320-326, as amended by PD 1613 and RA 9514)

Definition: Arson is the malicious destruction of property by fire.
Destructive Arson (PD 1613): This is a more severe form of arson, committed under specific circumstances that create great danger. Examples include burning:
- One or more human beings.
- Any building where people are habitually assembled.
- Any train, ship, or aircraft.
- Any building used as a hospital, school, or government office.
Simple Arson (PD 1613): This covers other cases of arson not included in Destructive Arson, such as burning an uninhabited building, agricultural land, etc.
Special Aggravating Circumstances: The penalty is higher if, for example, the arson is motivated by a desire to conceal another crime, or if death results. If death results from Simple Arson, it is absorbed as a qualifying circumstance.

10. MALICIOUS MISCHIEF (Art. 327-331)

Definition: This crime is the willful damaging of another's property for the sake of causing damage due to hate, revenge, or other evil motive.
Key Element: The offender does not derive any actual gain from the act. If there is intent to gain, it becomes another crime like theft.

11. Comparison Tables

Robbery vs. Theft vs. Estafa

Feature	Robbery	Theft	Estafa (Swindling)
Manner of Taking	With violence, intimidation, or force	Without violence, intimidation, or force	Through fraud, deceit, or abuse of confidence
Possession by Offender	Offender takes possession from the victim	Offender takes possession from the victim	Offender already has possession, but misappropriates it
Core Element	Force or Fear	Unlawful taking without force/fear	Deceit or Abuse of Confidence
Intent	Intent to gain	Intent to gain	Intent to defraud
Subject Matter	Personal property	Personal property	Personal property (often money or goods held in trust)

12. Multiple Choice Practice Questions

What is the key element that distinguishes Robbery from Theft? a) Intent to gain b) Unlawful taking c) Use of violence, intimidation, or force d) The value of the property taken
For a robbery to be committed "by a band," how many armed malefactors must be involved? a) Two or more b) Three or more c) Four or more d) Five or more
In the special complex crime of "Robbery with Homicide," the homicide is committed: a) Only before the robbery b) Only after the robbery c) By reason or on occasion of the robbery d) With a separate intent to kill
A house helper who takes her employer's jewelry without permission is liable for: a) Simple Theft b) Robbery c) Qualified Theft d) Estafa
Which of the following is NOT a mode of committing Robbery with Force Upon Things in an inhabited house? a) Entering through an open door b) Breaking a window c) Using a picklock d) Pretending to be a police officer
"Animus Lucrandi" is an essential element in which of the following crimes? a) Malicious Mischief b) Arson c) Theft d) Homicide
PD 532, also known as the Anti-Piracy and Anti-Highway Robbery Law, penalizes robbery on a highway even without the presence of: a) A victim b) A weapon c) A band (cuadrilla) d) A get-away vehicle
Taking possession of real property by means of violence against or intimidation of persons is the crime of: a) Theft b) Robbery c) Usurpation d) Malicious Mischief
Which of the following is a primary element of Estafa through misappropriation (abuse of confidence)? a) The offender used force to get the property. b) The offender received the property in trust and failed to return it. c) The offender used a false name. d) The property was real estate.
Setting fire to an empty warehouse in a remote area is an example of: a) Destructive Arson b) Simple Arson c) Malicious Mischief d) Attempted Murder
What is the crime committed if a person willfully and deliberately damages another's car out of pure hatred, with no intent to steal any part of it? a) Robbery b) Qualified Theft c) Malicious Mischief d) Estafa
A person who sells a mortgaged vehicle without the written consent of the mortgagee is liable for a violation of what law? a) Estafa b) Chattel Mortgage Law c) Qualified Theft d) Anti-Carnapping Act
What crime is committed when a person issues a check, knowing he has no funds to cover it, and as a result, another person is defrauded? a) Culpable Insolvency b) Malicious Mischief c) Estafa under Art. 315(2)(d) d) Violation of BP 22 only
Four armed men stopped a bus on a provincial road and took the passengers' valuables. They are liable for: a) Robbery by a band b) Brigandage c) Highway Robbery under PD 532 d) All of the above
The main difference between the element of possession in Theft and Estafa is: a) In Theft, the offender has prior possession; in Estafa, he takes it. b) In Theft, the offender takes possession; in Estafa, he has prior juridical possession. c) There is no difference. d) In Estafa, the property is abandoned; in Theft, it is not.
Which of the following is considered Destructive Arson? a) Burning of an uninhabited hut b) Burning of a field of sugarcane c) Burning of a public hospital d) Burning of one's own house when it is unoccupied
Juan received a laptop from Pedro to repair it. Instead of repairing it, Juan sold it. Juan is liable for: a) Theft b) Robbery c) Estafa d) Usurpation
A snatcher who suddenly grabs a necklace from a person's neck and runs away, without inflicting injury, is liable for: a) Robbery, because of the force used on the person. b) Theft, as the force was used to get the object, not to intimidate the person. c) Qualified Theft d) Act of lasciviousness
Altering the boundary markers of a piece of land is an act of: a) Usurpation b) Malicious Mischief c) Estafa d) Forgery
A person who absconds with his property to the prejudice of his creditors commits: a) Culpable Insolvency b) Estafa c) Fraudulent Concealment d) Theft
A security guard who steals from the warehouse he is supposed to be guarding commits: a) Simple Theft b) Robbery c) Qualified Theft due to grave abuse of confidence d) Estafa
A person falsely pretending to have the power to secure a government job for someone in exchange for money commits: a) Estafa by means of false pretenses b) Bribery c) Corruption of a public official d) Usurpation of authority
During a robbery, one of the robbers is accidentally shot and killed by his fellow robber. The crime is: a) Robbery and a separate crime of Homicide b) Robbery with Homicide c) Robbery only, as the deceased was a co-conspirator d) Murder
If an offender enters a house by climbing through a window and steals items inside, the crime is: a) Simple Theft b) Robbery by force upon things c) Qualified Theft d) Trespass to Dwelling
The illegal tapping into an electric power line constitutes: a) Estafa b) Malicious Mischief c) Theft of electricity (RA 7832) d) A civil liability only
To be liable for malicious mischief, the main motive must be: a) Intent to gain b) Hate, revenge, or desire to cause damage c) To conceal another crime d) To cause alarm
If death results from Simple Arson, the crime becomes: a) Simple Arson and a separate crime of Homicide b) Murder c) A special complex crime of Arson with Homicide d) Simple Arson, with death as a qualifying circumstance
The taking of "large cattle" is a circumstance that makes theft: a) Qualified b) Aggravated c) A special crime d) Robbery
A cashier who takes money from the cash register and pockets it commits: a) Robbery b) Simple Theft c) Qualified Theft d) Estafa
Stealing coconuts from a plantation is specifically mentioned as a form of: a) Robbery b) Qualified Theft c) Usurpation d) Malicious Mischief
A person who finds a lost wallet and keeps it, despite knowing who the owner is, may be liable for: a) Robbery b) Theft c) Estafa d) No crime, because he found it
The primary distinction of Estafa by deceit is that the deceit must be exercised: a) After the transaction b) During the trial c) Prior to or simultaneous with the delivery of the property d) At any time
Which of the following is NOT an element of simple theft? a) Intent to gain b) Belonging to another c) Force upon things d) Personal property
A person who induces another to sign a document through fraud, causing damage, commits: a) Forgery b) Perjury c) Estafa d) Coercion
The penalty for robbery is generally higher than theft because of: a) The higher value of items taken b) The inherent danger to persons or property c) The location where it is committed d) The number of offenders

Answer Key & Explanations

C) Use of violence, intimidation, or force - This is the fundamental element that elevates theft to robbery.
C) Four or more - A band (cuadrilla) is defined as more than three armed malefactors, meaning at least four.
C) By reason or on occasion of the robbery - This phrase is key. Any killing linked to the robbery from start to finish is absorbed.
C) Qualified Theft - The theft is qualified because it's committed by a domestic servant, which involves a grave abuse of confidence.
A) Entering through an open door - This is not a "forcible" entry as defined by the law for this crime. The other options involve breaking in or using fraudulent means.
C) Theft - Animus Lucrandi, or intent to gain, is a crucial element of theft and robbery. It is not an element of malicious mischief or arson.
C) A band (cuadrilla) - PD 532 simplified the prosecution of highway robbery by removing the requirement of a band.
C) Usurpation - This crime specifically involves taking possession of real property (land, buildings) through violence or intimidation.
B) The offender received the property in trust and failed to return it. - This describes Estafa with abuse of confidence (misappropriation), where there is a pre-existing juridical possession.
B) Simple Arson - Destructive Arson involves structures with higher risk to life or security (e.g., hospitals, public buildings). An empty warehouse falls under Simple Arson.
C) Malicious Mischief - The motive is purely to cause damage due to hate or revenge, with no intent to gain.
B) Chattel Mortgage Law - Article 319 of the RPC specifically penalizes the unlawful sale or removal of mortgaged personal property (chattel).
C) Estafa under Art. 315(2)(d) - While it also violates BP 22 (Bouncing Checks Law), if the check is used as a tool for deceit to obtain property, it constitutes Estafa.
D) All of the above - It is Robbery by a band (four armed men), Brigandage (seizure on a highway by a band), and Highway Robbery under PD 532.
B) In Theft, the offender takes possession; in Estafa, he has prior juridical possession. - In theft, the taking is unlawful from the start. In estafa (misappropriation), the offender initially has lawful possession but then converts it unlawfully.
C) Burning of a public hospital - PD 1613 classifies the burning of buildings where people are habitually assembled, like hospitals, as Destructive Arson due to the high danger.
C) Estafa - Juan had lawful, juridical possession of the laptop for a specific purpose (repair). By selling it, he misappropriated it, which is Estafa.
B) Theft, as the force was used to get the object, not to intimidate the person. - The Supreme Court has often classified "snatching" as theft. The force is directed at the object itself (the necklace), not used to overwhelm the victim's resistance. If the victim was hurt or threatened, it would be robbery.
A) Usurpation - Art. 313 specifically penalizes altering boundary marks.
A) Culpable Insolvency - This is the specific crime defined in Art. 314 for a debtor who absconds with his property to defraud his creditors.
C) Qualified Theft due to grave abuse of confidence - The security guard's position gives him access and a duty to protect, making the abuse of that trust a qualifying circumstance.
A) Estafa by means of false pretenses - This falls under Art. 315, par. 2(a), using false pretenses to defraud another.
B) Robbery with Homicide - All killings on the occasion of the robbery, even of a co-conspirator, are absorbed into this single special complex crime.
B) Robbery by force upon things - Entering through an opening not intended for entrance (a window) to commit robbery constitutes this crime.
C) Theft of electricity (RA 7832) - This special law specifically penalizes the illegal use of electricity.
B) Hate, revenge, or desire to cause damage - This is the essence of malicious mischief. The act is an end in itself.
D) Simple Arson, with death as a qualifying circumstance - Under PD 1613, if death results from simple arson, it does not become a separate crime but qualifies the arson, imposing a higher penalty.
A) Qualified - Article 310 lists the theft of large cattle as a circumstance that qualifies the crime of theft.
C) Qualified Theft - The cashier has access to the money due to the confidence given by the employer. The abuse of this confidence qualifies the theft. Note: Some court decisions have classified this as Estafa, but the prevailing and more common classification is Qualified Theft.
B) Qualified Theft - Stealing coconuts from a plantation is one of the specific acts listed under Art. 310 that qualifies theft.
B) Theft - Under Art. 308, the finder of lost property who fails to deliver it to the owner or local authorities after finding it is liable for theft.
C) Prior to or simultaneous with the delivery of the property - For deceit to be the cause of the fraud, it must be what induced the victim to part with their property.
C) Force upon things - The absence of force upon things (and violence/intimidation against persons) is what defines theft.
C) Estafa - This is a form of estafa through fraudulent means under Art. 315, par. 3(a).
B) The inherent danger to persons or property - The use of violence, intimidation, or force creates a greater threat to public safety, justifying a higher penalty.