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Title Ten

CRIMES AGAINST PROPERTY

Chapter One

ROBBERY IN GENERAL

Section Two. Robbery by the Use of Force Upon Things

Felony/Crime Revised Penal Code R.A. No. 10951


Art. 299. Robbery in an Robbery in an Inhabited Robbery in an inhabited
Inhabited House or Public House or Public Building house or public building or
Building or Edifice Devoted to or Edifice Devoted to edifice devoted to worship. -
Worship. Worship. Any armed Any armed person who
person who shall commit shall commit robbery in an
robbery in an inhabited inhabited house or public
Robbery - any person who, house or public building or building or edifice devoted to
with intent to gain, shall take edifice devoted to religious religious worship, shall be
any personal property belonging worship, shall be punished punished by reclusion
to another, by means of violence by reclusin temporal, temporal, if the value of the
against or intimidation of any if the value of the property property taken shall exceed
person, or using force upon taken shall exceed 250 Fifty thousand pesos
anything, shall be guilty of pesos, and if (P50,000), and if
robbery. (Art. 293)
(a) The malefactors shall (a) The malefactors shall
enter the house or building enter the house or building
in which the robbery was in which the robbery was
committed, by any of the committed, by any of the
following means: following means:

1. Through an opening not 1. Through an opening not


intended for entrance or intended for entrance or
egress; egress.
2. By breaking any wall, 2. By breaking any wall, roof,
roof, or floor or breaking or floor or breaking any door
any door or window; or window. tools.
3. By using false keys, 3. By using false keys,
picklocks or similar tools; picklocks or similar
4. By using any fictitious 4. By using any fictitious
name or pretending the name or pretending the
exercise of public exercise of public authority.
authority;

or if Or if

(b) The robbery be (b) The robbery be


committed under any of committed under any of the
the following following circumstances:
circumstances:

1. By the breaking of doors, 1. By the breaking of doors,


wardrobes, chests, or any wardrobes, chests, or any
other kind of locked or other kind of locked or sealed
sealed furniture or furniture or receptacle.
receptacle;
2. By taking such furniture 2. By taking such furniture or
or objects away to be objects away to be broken or
broken or forced open forced open outside the place
outside the place of the of the robbery.
robbery.

When the offenders do When the offenders do


not carry arms, and the not carry arms, and the
value of the property taken value of the property taken
exceeds 250 pesos, the exceeds Fifty thousand
penalty next lower in pesos (P50,000), the
degree shall be imposed. penalty next lower in degree
shall be imposed.

The same rule shall be The same rule shall be


applied when the offenders applied when the offenders
are armed, but the value are armed, but the value of
of the property taken does the property taken does not
not exceed 250 pesos. exceed Fifty thousand
pesos (P50,000).

When said offenders do When said offenders do not


not carry arms and the carry arms and the value of
value of the property taken the property taken does not
does not exceed 250 exceed Fifty thousand
pesos, they shall suffer the pesos (P50,000), they
penalty prescribed in the shall suffer the penalty
two (2) next paragraphs, in prescribed in the two (2)
its minimum period. next preceding paragraphs,
in its minimum period.

If the robbery be If the robbery be


committed in one of the committed in one of the
dependencies of an dependencies of an inhabited
inhabited house, public house, public building, or
building, or building building dedicated to
dedicated to religious religious worship, the
worship, the penalties next penalties next lower in
lower in degree than those degree than those prescribed
prescribed in this article in this article shall be
shall be imposed. imposed.
Art. 302. Robbery in an Robbery in an Uninhabited Robbery in an uninhabited
Uninhabited Place or in a Place or in a Private place or in a private
Private Building. Any robbery Building. Any robbery building. Any robbery
committed in an uninhabited committed in an committed in an uninhabited
place or in a building other than uninhabited place or in a place or in a building other
those mentioned in the first building other than those than those mentioned in the
paragraph of article 299. mentioned in the first first paragraph of Article
paragraph of article 299, if 299, if the value of the
the value of the property property taken exceeds
taken exceeds 250 Fifty thousand pesos
pesos, shall be punished (P50,000), shall be
by prisin correccional punished by prision
in its medium and correccional in its
maximum periods medium and maximum
provided that any of the 38 periods provided that
following circumstances is any of the following
present: circumstances is present:

1. If the entrance has been 1. If the entrance has been


effected through any effected through any opening
opening not intended for not intended for entrance or
entrance or egress. egress.
2. If any wall, roof, floor or 2. If any wall, roof, floor or
outside door or window has outside door or window has
been broken. been broken.
3. If the entrance has been 3. If the entrance has been
effected through the use of effected through the use of
false keys, picklocks or false keys, picklocks or other
other similar tools. similar tools.
4. If any door, wardrobe, 4. If any door, wardrobe,
chest, or any sealed or chest, or any sealed or closed
closed furniture or furniture or receptacle has
receptacle has been broken. been broken.
5. If any closed or sealed 5. If any closed or sealed
receptacle, as mentioned in receptacle as mentioned in
the preceding paragraph, the preceding paragraph, has
has been removed, even if been removed, even if the
the same be broken open same be broken open
elsewhere. elsewhere.

When the value of the When the value of the


property taken does not property taken does not
exceed 250 pesos, the exceed Fifty thousand
penalty next lower in pesos (P50,000), the
degree shall be imposed. penalty next lower in degree
shall be imposed.

In the cases specified in In the cases specified in


articles 294, 295, 297, 299, Articles 294, 295 297 299,
300, and 302 of this Code, 300, and 302 of this Code,
when the property taken is when the property taken is
mail matter or large mail matter or large
cattle, the offender shall cattle, the offender snail
suffer the penalties next suffer the penalties next
higher in degree than those higher in degree than those
provided in said articles. provided in said articles.

Title Ten

CRIMES AGAINST PROPERTY


Chapter Six
SWINDLING AND OTHER DECEITS

Felony/Crime Revised Penal Code R.A. No. 10951

Article 315. Penalty/Imprisonment: Penalty/Imprisonment:


Swindling (Estafa)
- Any person who 1st. The penalty of prisin 1st. The penalty of prisin
shall defraud another correccional in its maximum correccional in its maximum period
by any of the means period to prisin mayor in its to prisin mayor in its minimum
mentioned in this minimum period, if the period, if the amount of the fraud is
article. amount of the fraud is over over Two million four hundred
12,000 pesos but does not thousand pesos (P2,400,000) but
exceed 22,000 pesos, and if does not exceed Four million four
such amount exceeds the latter hundred thousand pesos
sum, the penalty provided in (P4,400,000), and if such
this paragraph shall be amount exceeds the latter sum, the
imposed in its maximum penalty provided in this paragraph
period, adding one year for shall be imposed in its maximum
each additional 10,000 period, adding one year for each
pesos; but the total penalty additional Two million pesos
which may be imposed shall (P2,000,00); but the total penalty
not exceed twenty years. In which may be imposed shall not
such cases, and in connection exceed twenty years. In such cases,
with the accessory penalties, and in connection with the
which may be imposed, and accessory penalties, which may be
for the purpose of the other imposed, and for the purpose of the
provisions of this Code, the other provisions of this Code, the
penalty shall be termed prisin penalty shall be termed prisin
mayor or reclusin temporal, mayor or reclusin temporal, as the
as the case may be. case may be.

2nd. The penalty of prisin 2nd. The penalty of prisin


correccional in its minimum correccional in its minimum and
and medium periods, if the medium periods, if the amount of
amount of the fraud is over the fraud is over One million two
6,000 pesos but does not hundred thousand pesos
exceed 12,000 pesos. (P1,200,000) but does not exceed
Two million four hundred thousand
pesos (P2,400,000).

3rd. The penalty of arresto 3rd. The penalty of arresto mayor


mayor in its maximum period in its maximum period to prisin
to prisin correccional in its correccional in its minimum period,
minimum period, if such if such amount is over Forty
amount is over 200 pesos but thousand pesos (P40, 000) but
does not exceed 6,000 does not exceed One million two
pesos; and hundred thousand pesos
(P1,200,000); and

4th. By arresto mayor in its 4th. By arresto mayor in its


medium and maximum medium and maximum periods, if
periods, if such amount does such amount does not exceed Forty
not exceed 200 pesos, thousand pesos (P40,000),

Provided that in the four cases Provided that in the four cases
mentioned, the fraud be mentioned, the fraud be committed
committed by any of the by any of the following means:
following means:
1. With unfaithfulness or abuse 1. With unfaithfulness or abuse of
of confidence, namely: confidence, namely:

(a) By altering the substance, (a) By altering the substance,


quantity, or quality of anything quantity, or quality of anything of
of value which the offender value which the offender shall
shall deliver by virtue of an deliver by virtue of an obligation to
obligation to do so, even do so, even though such obligation
though such obligation be be based on an immoral or illegal
based on an immoral or illegal consideration.
consideration.

(b) By misappropriating or (b) By misappropriating or


converting, to the prejudice of converting, to the prejudice of
another, money, goods, or any another, money, goods, or any other
other personal property personal property received by the
received by the offender in offender in trust or on commission,
trust or on commission, or for or for administration, or under any
administration, or under any other obligation involving the duty
other obligation involving the to make delivery of or to return the
duty to make delivery of or to same, even though such obligation
return the same, even though be totally or partially guaranteed by
such obligation be totally or a bond; or by denying having
partially guaranteed by a received such money, goods, or
bond; or by denying having other property.
received such money, goods,
or other property.

(c) By taking undue advantage (c) By taking undue advantage of


of the signature of the the signature of the offended party
offended party in blank, and in blank, and by writing any
by writing any document document above such signature in
above such signature in blank, blank, to the prejudice of the
to the prejudice of the offended party or any third person.
offended party or any third
person.

2. By means of any of the 2. By means of any of the following


following false pretenses or false pretenses or fraudulent acts
fraudulent acts executed prior executed prior to or simultaneously
to or simultaneously with the with the commission of the fraud:
commission of the fraud:

(a) By using fictitious name, or (a) By using fictitious name, or


falsely pretending to possess falsely pretending to possess power,
power, influence, influence, qualifications, property,
qualifications, property, credit, credit, agency, business or
agency, business or imaginary imaginary transactions, or by
transactions, or by means of means of other similar deceits.
other similar deceits.

(b) By altering the quality, (b) By altering the quality, fineness


fineness or weight of anything or weight of anything pertaining to
pertaining to his art or his art or business.
business.

(c) By pretending to have (c) By pretending to have bribed


bribed any Government any Government employee, without
employee, without prejudice to prejudice to the action for calumny,
the action for calumny, which which the offended party may deem
the offended party may deem proper to bring against the
proper to bring against the offender. In this case, the offender
offender. In this case, the shall be punished by the maximum
offender shall be punished by period of the penalty.
the maximum period of the
penalty.

(d) By post-dating a check, or (d) By post-dating a check, or


issuing such check in payment issuing such check in payment of an
of an obligation, when the obligation, when the offender had
offender had no funds in the no funds in the bank, or his funds
bank, or his funds deposited deposited therein were not
therein were not sufficient to sufficient to cover the amount of the
cover the amount of the check. check. The failure of the drawer of
The failure of the drawer of the the check to deposit the amount
check to deposit the amount necessary to cover his check within
necessary to cover his check three (3) days from receipt of notice
within three (3) days from from the bank and/or payee or
receipt of notice from the bank holder that said check has been
and/or payee or holder that dishonored for lack or insufficiency
said check has been of funds shall be prima facie
dishonored for lack or evidence of deceit constituting false
insufficiency of funds shall be pretense or fraudulent act.
prima facie evidence of deceit
constituting false pretense or
fraudulent act.

(e) By obtaining any food, Any person who shall defraud


refreshment or another by means of false
accommodation at a hotel, pretenses or fraudulent acts as
inn, restaurant, boarding defined in paragraph 2(d)
house, lodging house, or hereof shall be punished by:
apartment house and the
like without paying 1st. The penalty of reclusin
therefor, with intent to temporal in its maximum, if
defraud the proprietor or the amount of fraud is over
manager thereof, or by Four million four hundred
obtaining credit at a hotel, thousand pesos (P4,400,000)
inn, restaurant, boarding but does not exceed Eight
house, lodging house, or million eight hundred
apartment house by the thousand pesos (P8,800,000).
use of any false pretense, If the amount exceeds the
or by abandoning or latter, the penalty shall be
surreptitiously removing reclusin perpetua.
any part of his baggage
from a hotel, inn, 2nd. The penalty of reclusin
restaurant, boarding temporal in its minimum and
house, lodging house, or medium periods, if the amount
apartment house after of fraud is over Two million
obtaining credit, food, four hundred thousand
refreshment, or (P2,400,000) but does not
accommodation therein exceed Four million for
without paying for his hundred thousand pesos
food, refreshment, or (P4,400,000).
accommodation.
3rd. The penalty of prisin
mayor in its maximum period,
if the amount of fraud is over
One million two hundred
thousand pesos (P1,200,000)
but does not exceed Two
million four hundred
thousand pesos (P2,400,00).

4th. The penalty of prisin


mayor in its medium period, if
such amount is over Forty
thousand pesos (P40,000) but
does not exceed One million
two hundred thousand pesos
(P1,200,000).

5th. By prisin mayor in its


minimum period, if such
amount does not exceed Forty
thousand pesos (P40,000).

3. Through any of the 3. Through any of the following


following fraudulent means: fraudulent means:
(a) By inducing another, by (a) By inducing another, by means
means of deceit, to sign any of deceit, to sign any document.
document. (b) By resorting to some fraudulent
(b) By resorting to some practice to insure success in a
fraudulent practice to insure gambling game.
success in a gambling game. (c) By removing, concealing or
(c) By removing, concealing or destroying, in whole or in part, any
destroying, in whole or in part, court record, office files, document
any court record, office files, or any other papers.
document or any other papers.

Article 318. Other


Deceits.
Shall be imposed The penalty of arresto mayor The penalty of arresto mayor and a
upon any person who and a fine of not less than the fine of not less than the amount of
shall defraud or amount of the damage caused the damage caused and not more
damage another by and not more than twice such than twice such amount.
any other deceit not amount.
mentioned in the
preceding articles of
this Chapter.

Any person who, for The penalty of arresto The penalty of arresto mayor or a
profit or gain, shall menor or a fine not exceeding fine not exceeding Forty
interpret dreams, 200 pesos. thousand pesos (P40,000).
make forecasts, tell
fortunes, or take
advantage of the
credulity of the
public in any other
similar manner, shall
suffer:

Title Ten

CRIMES AGAINST PROPERTY

Chapter Nine

MALICIOUS MISCHIEF

Section Two. Robbery by the Use of Force Upon Things

Felony/Crime Revised Penal Code R.A. No. 10951


Art. 328. Special cases of Special Cases of Malicious Special cases of malicious
Malicious Mischief - Any Mischief. Any person mischief. - Any person who
person who shall cause damage who shall cause damage to shall cause damage to
to obstruct the performance of obstruct the performance obstruct the performance of
public functions, or using any of public functions, or public functions, or using
poisonous or corrosive using any poisonous or any poisonous or corrosive
substance; or spreading any corrosive substance; or substance; or spreading any
infection or contagion among spreading any infection or infection or contagion among
cattle; or who causes damage to contagion among cattle; or cattle; or who causes damage
the property of the National who causes damage to the to the property of the
Museum or National Library, or property of the National National Museum or
to any archive or registry, Museum or National National Library, or to any
waterworks, road, promenade, Library, or to any archive archive or registry,
or any other thing used in or registry, waterworks, waterworks, road,
common by the public. road, promenade, or any promenade, or any other
other thing used in thing used in common by the
common by the public, public, shall be punished:
shall be punished:

1. By prisin 1. By prision correccional


correccional in its in its minimum and
minimum and medium medium periods, if the
periods, if the value of the value of the damage caused
damage caused exceeds exceeds Two hundred
1,000 pesos; thousand pesos
(P200,000):

2. By arresto mayor, if 2. By arresto mayor, if


such value does not such value does not exceed
exceed the the abovementioned
abovementioned amount but is over Forty
amount but is over 200 thousand pesos
pesos; and (P40,000); and

3. By arresto menor, if 3. By arresto menor, if


such value does not such value does not exceed
exceed 200 pesos Forty thousand pesos
(P40,000).
Art. 329. Other Mischiefs. Other Mischiefs. The Other mischiefs. The
The mischiefs not included in mischiefs not included in mischiefs not included in the
the next preceding article. the next preceding article next preceding article shall
shall be punished: be punished:

1. By arresto mayor in 1. By arresto mayor in its


its medium and medium and maximum
maximum periods, if the periods, if the value of the
value of the damage caused damage caused exceeds
exceeds 1,000 pesos; Two hundred thousand
pesos (P200,000);

2. By arresto mayor in 2. By arresto mayor in its


its minimum and minimum and medium
medium periods, if such periods, if such value is
value is over 200 pesos over Forty thousand
but does not exceed pesos (P40,000) but
1,000 pesos; and does not exceed Two
hundred thousand pesos
(P200,000); and

3. By arresto menor or 3. By arresto menor or a


fine of not less than the fine of not less than the
value of the damage value of the damage
caused and not more caused and not more
than 200 pesos, if the than Forty thousand
amount involved does not pesos (P40,000), if the
exceed 200 pesos or cannot amount involved does not
be estimated. exceed Forty thousand pesos
(P40,000) or cannot be
estimated.
Art. 331. Destroying or Destroying or Damaging Destroying or damaging
Damaging Statues, Public Statues, Public Monuments statues, public monuments
Monuments or Paintings. Any or Paintings. Any person or paintings. Any person
person who shall destroy or who shall destroy or who shall destroy or damage
damage statues or any other damage statues or any statues or any other useful or
useful or ornamental public other useful or ornamental ornamental public
monument. public monument, shall monument, shall suffer the
suffer the penalty of penalty of arresto mayor
arresto mayor in its in its medium period to
medium period to prision correccional in
prisin correccional in its minimum period.
its minimum period.

Any person who shall Any person who shall destroy


destroy or damage any or damage any useful or
useful or ornamental ornamental painting of a
painting of a public nature public nature shall suffer the
shall suffer the penalty of penalty of arresto menor
arresto menor or a fine or a fine not exceeding
not exceeding 200 Forty thousand pesos
pesos, or both such fine (P40,000), or both such
and imprisonment, in the fine and imprisonment, in
discretion of the court. the discretion of the court.

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