Article 299 - Robbery in an Inhabited House or window to get the clothes inside the room, the breaking of the

ing of the wall must be for the

Public Building or Edifice Devoted to Worship while the offender remained outside the house purpose of entering the house or building. But
or building, the crime committed is theft not if a room is occupied by a person as his
Elements of robbery with force upon things separate dwelling, the breaking of its inside
robbery.
under SUBDIVISION (A): wall may give rise to robbery.
There must be evidence or the facts must
1. Offender entered
show that the accused entered a dwelling Breaking: means entering the building. The
a. Inhabited House house or building by any means enumerated. force used in this means must be actual, as
b. Public Building distinguished from that in the other means
c. Edifice devoted to Religious In entering the building, the offender must
which is only constructive force.
Worship have an intention to take personal property.
2. Entrance was effected by any of the The wall, roof, door, floor or window must be
following means: Any of the four means described in subdivision broken. In the Spanish text of the code clearly
a. Through an opening Not intended (a) must be resorted to enter a house or means the breaking of a door or window.
for entrance or egress; building, not to get out otherwise it is only (People vs. Fernandez, 58 Phil. 674, People vs
b. By Breaking any wall, roof, or floor, theft. Lising, C.A., 62 O.G. 9891)
or door or window; Illustration: If the culprit had entered the
c. By using False keys, picklocks or If false key is used to open wardrobe or locked
house through an open door, and the owner, receptacle or drawer or inside door it is only
similar tools; or not knowing that the culprit was inside, closed
d. By using any Fictitious name or theft
and locked the door from the outside and left,
pretending the exercise of public and the culprit, after taking personal property Elements of robbery with force upon things
authority. in the house, went out through the window, it under SUBDIVISION (B) of Art. 299:
3. That once inside the building, the is only theft, not robbery.
offender Took personal property 1. Offender is inside a dwelling house,
belonging to another with intent to Public Building is every building owned by the public building, or edifice devoted to
gain. government or belonging to a private person religious worship, regardless of the
but used or rented by the government, circumstances under which he entered
The whole body of the culprit must be inside although temporarily unoccupied by the same. it.
the building to constitute entering. Thus, if the 2. Offender takes personal property
offender merely inserted his hand through an The wall must be an outside wall, not a wall belonging to another, with intent to
opening in the wall or used a pole through the between rooms in a house or building. Because
 gain, under any of the following Article 301 - What is an Uninhabited House, The two qualifications (uninhabited place or by
circumstances. Public Building Dedicated to Religious a band) must concur. (U.S. v Morada, et al., 23
a. Breaking of doors, wardrobes, Worship and Their Dependencies: Even if the Phol. 477)
chests, or any other kind of locked occupant was absent during the robbery, the
or sealed furniture or receptacle; place is still inhabited if the place was To qualify Robbery w/ To qualify Robbery w/
force upon things (Art violence against or
or ordinarily inhabited and intended as a
299) intimidation
b. Taking such furniture or objects dwelling. It must be committed It must be committed
away to be broken or forced open in uninhabited place in an uninhabited
Dependencies: all interior courts, corrals,
outside the place of the robbery. AND by a band (Art place OR by a band
warehouses, granaries or inclosed places 300) (Art. 295)
The term door in par. 1, subdivision (b) of contiguous to the building or edifice, having an
Art. 299, refers only to doors, lids or opening interior entrance connected therewith, and
sheets of furniture or other portable which form part of the whole (Art. 301, par. 2). Article 302 - In an Uninhabited Place or
receptaclesnot to inside doors of house or Private Building
building. Requisites:
Elements:
Breaking the keyhole of the door of a 1. Contiguous to the building;
2. Interior entrance connected therewith; 1. Offender entered an Uninhabited
wardrobe, which is locked, is breaking a locked
3. Form part of the whole. place or a building which was not a
furniture.
dwelling house, not a public building,
It is theft, if the locked or sealed receptacle is Orchards and lands used for cultivation or or not an edifice devoted to religious
not forced open in the building where it is kept production are not included in the term worship.
or taken from to be broken outside. dependencies (Art. 301, par. 3). 2. That any of the following
circumstances was present:
The penalty depends on the value of property Article 300 Robbery in an Uninhabited Place a. Entrance was effected through an
taken and on whether or not offender carries and by a Band opening Not intended for entrance
arm. Arms carried must not be used to Robbery in an inhabited house, public building or egress;
intimidate. Liability for carrying arms is or edifice to religious worship is qualified when b. A Wall, roof, floor, or outside door
extended to all those who participated in the committed by a band and located in an or window was broken
robbery, including those without arms. uninhabited place.
 c. Entrance was effected through the
use of False keys, picklocks or
other similar tools;
d. A Door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken; or
e. A Closed or sealed receptacle was
removed, even if the same be
broken open elsewhere.
3. With intent to gain, the offender took
therefrom personal property belonging
to another.
The uninhabited place mentioned in art 302
is a building, because the paragraphs nos. 1
and 3 speak of entrance which is necessarily
refers to a building. Par. No. 2 speaks part of a
building.
Building: includes any kind of structure
used for storage or safekeeping of personal
property, such as (a) freight car ad (b)
warehouse.
Entrance through an opening not intended for
entrance or egress is not necessary, if there is
breaking of wardrobe, chest, or sealed or
closed furniture or receptacle, or removal
thereof to be broken open elsewhere.
Breaking padlock is use of force upon things.
Unnailing of cloth over door of freight car is
breaking by force.
Use of fictitious name or pretending the
exercise of public authorities is not covered
under this article.
A receptacle is a container, which must be
closed or sealed.
Article 303 - Robbery of Cereals, Fruits or
Firewood in an Inhabited Place or Private
Building
The penalty is one degree lower only when
Article 305 - Defines False Keys
robbery is committed by use of force upon
things, without intimidation or violence against TO INCLUDE THE FOLLOWING:
a person.
Cereals are seedlings which are the immediate
product of the soil. The palay must be kept by
the owner as seedling or taken for that
purpose by the robbers.
Article 304 - Possession of Picklock or Similar
Tools
Elements:
1. Offender has in his possession
Picklocks or similar tools;
2. Such picklock or similar tools are
especially Adopted to the commission
of robbery;
3. Offender does Not have lawful cause
for such possession.
Actual use of picklock or similar tools, not
necessary in illegal possession thereof.
If the person who makes such tools is a
locksmith, the penalty is higher. If he is not a
locksmith, the penalty is the same as for that
mere possessor.
1. Tools mentioned in Article 304;
2. Genuine keys Stolen from the owner;
3. Any key other than those intended by
the owner for Use in the lock forcibly
opened by the offender.
Possession of false keys in pars. 2 and 3 of art
305, not punishable.
Brigandage is a crime committed by more
than three armed persons who forms 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.
Article 306 - Who Are Brigands
Elements of Brigandage:
1. There be at least 4 armed persons
2. They Formed a band of robbers
3. The Purpose is any of the following:
a. To commit Robbery in the
highway; or
b. To Kidnap for the purpose of
extortion or to obtain ransom; or
c. To Attain by means of force and
violence any other purpose.
Presumption of law as to brigandage: all are
presumed highway robbers or brigands, if any
of them carries unlicensed firearm.
The arms carried may be any deadly weapon.
The term highway includes city streets
The following must be proved:
1. Organization of more than 3 armed
persons forming a band of robbers
2. Purpose of the band is any of those
enumerated in Art. 306.
3. That they went upon the highway or
roamed upon the country for that
purpose.
4. That the accused is a member of such
band.
Article 307 - Aiding and Abetting a Band of
Brigands
Elements:
1. There is a Band of brigands
2. Offender Knows the band to be of
brigands
3. Offender Does any of the following
acts:
a. He in any manner Aids, abets or
protects such band of brigands; or
b. He gives them Information of the
movements of the police or other
peace officers; or
4. He Acquires or receives the property
taken by such brigands
It is presumed that the person performing any
of the acts provided in this article has
performed them knowingly, unless the
contrary is proven.
Any person who aids or protects highway
robbers or abets the commission of highway
robbery or brigandage shall be considered as
an accomplice.
See Special Law: PD 532 Anti-Piracy And Anti
Highway Robbery
It is necessary to prove that the intention and
purpose of the accused was to commit robbery
indiscriminately and such robbery is
committed on any Philippine Highway. [People
v. Pulusan (1998)]
Theft is committed by any person who, with
intent to gain but without violence against or
intimidation of persons now force upon things,
shall take personal property of another
without the latters consent.
Article 308 - Who Are Liable for Theft
Elements of Theft:
1. Taking of personal property
2. That Belongs to another
3. With Intent to gain.
4. Without the Consent of the owner.
5. Accomplished Without the use of
violence against or intimidation of
persons or force upon things.
Persons liable for theft:
1. Those who,
 a. with intent to gain,
b. without violence against or
intimidation of persons nor force
upon things,
c. take,
d. personal property,
e. of another,
f. without the latters consent.
2. Those who,
a. having found lost property,
b. fail to deliver the same to the local
authorities or to its owner.
3. Those who,
a. after having maliciously damaged
the property of another,
b. remove or make use of the fruits
or object of the damage caused by
them.
4. Those who,
a. enter an inclosed estate or field
where
b. trespass is forbidden or which
belongs to another and, without
the consent of its owner,
c. hunt or fish upon the same or
gather fruits, cereals, or other
forest or farm products.
The theft was consummated when the cuprits of killing the victim. Considering that the victim
were abe to take possession of the thing taken was already heavily wounded when his
by them. It is not an indispensable element of properties were taken, there was no need to
theft that the thief carry, more or less far employ violence against or intimidation against
away, the thing taken by him from its owner. his person. Hence, accused can only be held
(People v. Jaranilla, 55 SCRA 563) guilty of the separate offense of theft. [People
vs Basao (1999)]
There is no crime of frustrated theft
There is taking even if the offender received
The Supreme Court held that there is no crime the thing from the offended party. The
of frustrated theft.
unlawful taking may occur at or soon after the
In accordance with the definition in Art 308, transfer of physical possession.
there is no frustrated theft. The offender has
Actual or real gain not necessary in theft.
either complete control of the property
(consummated) or without (attempted). Intent It is not necessary that there was real or actual
to gain is presumed from the unlawful taking gain on the part of the offender or that he
of personal property belonging to another. removed the stolen animals in order to make
[Valenzuela v. People (2007)] use of or derive some benefit from them. It is
enough that on taking them, he was then
If one takes personal property openly and actuated by the desire or intent to gain.
avowedly under claim of title made in good (People v. Mercado, 65 Phil. 665)
faith, he is not guilty of theft even though
claim of ownership is later found to be Allegation of Owners lack of consent cannot
untenable. be dispensed with in charging an ordinary
theft
If possession was only material or physical, the
crime is THEFT. If possession was juridical, We are aware that some decisions state that
crime is ESTAFA. the crime of theft does not require that the
culprit should know the owner of the thing
Properties were taken after accused has stolen. Other authorities declare that it is not
already carried out his primary criminal intent necessary for the existence of the crime of
theft that it should appear in a specific manner
who is the owner of the thing stolen, and the
crime is consummated provided the thing
belongs to another and the same is taken with
intent of gain (Decision, Supreme Court of
Spain, Nov. 22, 1898 and October 4, 1905).
By and large, these pronouncements are
merely generalizations designed to cover all
varieties of theft, from the one where the
thing stolen is taken directly from the owners
control to that committed by any person who
having found lost property, shall fail to deliver
the same to the local authorities or to its
owner" which is also theft under Article 308,
paragraph 2(1), Revised Penal Code. The
rulings, therefore, are not fully applicable to
the present case. which does not involve
property lost (extraviada) nor do they warrant
the inference that the non-consent of the
owner or possessor can be excused.
In the ordinary course of events, the owner of
the thing (whoever he should be) would not
consent to the taking of his property without
any consideration or quid pro quo therefor;
nevertheless, the possibility of such consent
remains and the law demands that it be
negated in the information. That the owners
lack of consent can not be dispensed with in
charging an ordinary theft under the first
paragraph of Article 308 of the Penal Code, is
shown by the express requirement therein that It is necessary to prove the following in order
the taking should be without the consent of
the owner. 3 In view of the clear text of the
law, an information or charge that does not
aver this lack of consent is manifestly bad and
insufficient, and may be quashed for failure to
allege an essential element of the delict. ( Pua
Yi Kun v People, G.R. No. L-26256, June 26,
1968)
It is not robbery when violence is for reason
entirely foreign to the fact of taking.
When a person has in possession, part of the
recently stolen property, he is presumed to be
the thief of all, in the absence of satisfactory
explanation of his possession. (U.S. v. Ungal, 37
Phil. 835)
Finder of loast property (Par. 1, Art 308)
The accuse is guilty of theft as a finder of lost
property who retained part of it with intent to
gain. (U.S. v Santiago, 27 Phil, 483)
Lost property: embraces loss by stealing or
by act of he owner or by a person other than
the owner, or through some casual
occurrence.
to establish theft by failure to deliver or
return lost property:
1. Time of the seizure of the thing
2. It was a lost property belonging to
another; and
3. That the accused having had the
opportunity to return or deliver the
lost property to its owner or to the
local authorities, refrained from doing
so.
Par no. 1 of Art 308 not limited to actual
finder.
The law does not require knowledge of the
owner of the property.
Elements of hunting, fishing or gathering
fruits, etc., in enclosed estate:
1. That there is an enclosed estate or a
field, where trespass is forbidden or
which belongs to another
2. Offender enters the same
3. Offender hunts or fishes upon the
same or gathers fruits, cereals or other
forest or farm products in the estate or
field; and
 4. That the hunting or fishing or
gathering of products is without the
consent of the owner.
Fishing should not be in the fishpond within
the field or estate, otherwise it is qualified
theft.
P.D. No. 534
Article 309 - Penalties
The basis of the penalty in theft is
1. the value of the thing stolen, or
2. the value and nature of the property
taken, or
3. the circumstances that impelled the
culprit to commit the crime.
If there is no evidence of the value of the
property stolen, the court should impose the
minimum penalty corresponding to theft
involving the value of P5.00. The court may
also take judicial notice of its value in the
proper cases.
Article 310 - Qualified Theft
Theft is qualified if:
1. Committed by a Domestic servant
2. Committed with Grave abuse of
confidence
3. The property stolen is
a. motor vehicle,
b. mail matter, or
c. large cattle
4. The property stolen consists of
coconuts taken from the premises of a
plantation
5. The property stolen is fish taken from
a fishpond or fishery
6. The property is taken on the occasion
of fire, earthquake, typhoon, volcanic
eruption, or any other calamity,
vehicular accident or civil disturbance.
The penalty for qualified theft is 2 degrees
higher.
Theft by domestic servant is always qualified.
Theres no need to prove grave abuse of
discretion.
The abuse of confidence must be grave. There
must be allegation in the information and
proof of a relation, by reason of dependence,
guardianship or vigilance, between the
accused and the offended party that has
created a high degree of confidence between
them, which the accused abused.
Theft by a housemate is not always qualified,
because while this fact constitutes a certain
abuse of confidence, since living under the
same roof endangers some confidence, it is
not necessarily grave. (People v. Koc Song, 63
Phil. 369)
Theft of any material, spare part, product or
article by employees and laborers is heavily
punished under PD 133.
Motor vehicle: all vehicles propelled by
power, other than muscular power. Theft of
motor vehicle may now fall under the anti-
carnapping law.
When the purpose of taking the car is to
destroy by burning it, the crime is arson.
If a private individual took a letter containing
postal money order it is qualified theft. If it
was the postmaster, to whom the letter was
delivered, the crime would be infidelity in the
custody of documents.
Regarding the theft of coconuts and fish, what
matters is not the execution, but the location
where it is taken. It should be in the plantation
or in the fishpond.
RA 6539: ANTI-CARNAPPING law Carnapping:
taking, with intent to gain, of motor vehicle
belonging to another without the latters
consent or by means of violence against or
intimidation of persons, or by force upon
things (Izon v. People, 1981)
PD 533 ANTI-CATTLE RUSTLING LAW Cattle
rustling: taking away by means, methods or
schemes, without the consent of the
owner/raiser, of any large cattle whether or
not for profit, or whether committed with or
without violence against or intimidation of
person or force upon things. It includes killing
of large cattle, taking its meat or hide without
the consent of owner/raiser.
Large cattle: include cow, carabao, horse,
mule, ass, other domesticated member of
bovine family. A goat is not included because it
is not large (Boado, Comprehensive Reviewer
in Criminal Law)
Presumption: Every person in possession of
large cattle shall upon demand by competent
authorities exhibit required documents. Failure
to do so is prima facie evidence that large
cattle in possession are fruits of crime of cattle
rustling
PD 1612: Anti-Fencing Law Fencing:
1. the act of any person who,
2. with intent to gain for himself or for Mere possession of any good, article, item,
another, object, or anything of value which has been
3. shall buy, receive, keep, acquire, the subject of robbery or thievery shall be
conceal, sell, or dispose of, or shall buy prima facie evidence of fencing. [People v.
and sell or in any other manner deal in Dizon-Pamintuan]
4. any article, item, object, or anything of
value Robbery/theft and fencing are separate and
distinct offenses.
5. which he knows, or should be known
to him,
Article 311 - Theft of the Property of the
6. to have been derived from the National Library and National Museum
proceeds of the crime of robbery or
Theft of property of the National Museum and
theft.
National Library has a fixed penalty regardless
Elements: of its value. But if it was with grave abuse of
confidence, the penalty for qualified theft shall
1. Robbery or theft has been committed.
2. The accused, who is not a principal or be imposed.
accomplice in the crime of robbery or Article 312 - Occupation of Real Property or
theft, buys, receives, possesses, keeps, Usurpation of Real Rights in Property
acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals Acts punishable under Art. 312:
in any article, item, object, or anything
1. Taking possession of any real property
of value, which has been derived from
belonging to another by means of
the proceeds of the said crime.
violence against or intimidation of
3. The accused knows or should have
persons
known that the said article, item,
2. Usurping any real rights in property
object or anything of value has been
belonging to another by means of
derived from the proceeds of the
violence against or intimidation of
crime of robbery or theft.
persons.
4. There is, on the part of the accused,
intent to gain for himself or another.
Elements:
1. Offender takes possession of any real
property OR usurps any real rights in
property
2. Real property or real rights belong to
another
3. Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping
real rights in property.
4. There is intent to gain.
If no violence or intimidation only civil liability
exists. Violence or intimidation must be the
means used in occupying real property or in
usurping real rights.
Art. 312 does not apply when the violence or
intimidation took place subsequent to the
entry into the property.
Art. 312 does not apply to a case of open
defiance of the writ of execution issued in the
forcible entry case.
Criminal action for usurpation of real property
is not a bar to civil action for forcible entry.
RA 947 punishes entering or occupying public
agricultural land including lands granted to
private individuals.
Article 313 - Altering Boundaries or
Landmarks
Elements:
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended
to designate the boundaries of the
same.
2. That the offender alters said boundary
marks.
Provision does not require intent to gain.
The word alter may include:
1. destruction of stone monument
2. taking it to another place
3. removing a fence
Article 314 - Fraudulent Insolvency
Elements:
1. That the offender is a debtor; that is,
he has obligations due and payable
2. That he absconds with his property
3. That there be prejudice to his creditors
Actual prejudice, not intention alone, is
required. Even if the debtor disposes of his
property, unless it is shown that it has actually
prejudiced his creditor, conviction will not lie.
Fraudulent concealment of property is not
sufficient if the debtor has some property with
which to satisfy his obligation.
Abscond: does not require that the debtor
should depart and physically conceal his
property. Real property could be the subject
matter of Art. 314.
The person prejudiced must be creditor of the
offender.
Article 315 Estafa
Elements of Estafa in General:
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.
3. Through
a. With unfaithfulness or abuse of
confidence (315 par. 1(a) (b) (c))
b. Estafa by means of fraudulent acts
(315 Par. 2(A) (B) (C)(D) (E) ; BP22):
c. Through other fraudulent means
(315 par 3(a) (b) (c) )
 a. With Unfaithfulness or Abuse
of Confidence (315 par. 1(a)
(b) (c))
Par 1(a): Altering substance,
quantity or quality of object
subject of obligation to deliver
Elements:
1. Offender has an Onerous
obligation to deliver
something of value.
2. That he Alters its
substance, quantity, or
quality
3. That Damage or prejudice
is caused to another
Deceit is NOT an essential element of estafa
with abuse of confidence.
Damage or prejudice must be capable of
estimation, because it is the basis of the
penalty.
Delivery of anything of value must be by
virtue of an onerous obligation to do so. Thus,
if the thing delivered had not been fully or
partially paid for when it was delivered, there
is no estafa even if there was alteration.
When the fraud committed consists in the
adulteration or mixing of some extraneous
substance in an article of food so as to lower
its quantity, it may be a violation of the Food,
Drug and Cosmetic Act (R.A. No. 5720)
Its not estafa if the thing delivered is not
acceptable to the complainant when there is
no agreement as to its quality.
Estafa may arise even if thing delivered is not
subject of lawful commerce, such as opium.
b. Par.1(b): Misappropriation
and Conversion
Elements:
1. That Money, goods, or
other personal property be
received by the offender in
trust, or in commission, or
for administration, or
under any other obligation
involving the duty to make
delivery of, or to return,
the same;
2. There be Misappropriation
or conversion of such
money or property by the
offender, or denial on his
part of such receipt;
3. That such
misappropriation or
conversion or denial is to
the Prejudice of another;
and
4. That there is a demand
made by the offended
party to the offender
The 4th element is not necessary when there is
evidence of misappropriation of goods by the
defendant.
Check is included in the word money.
Money, goods or other personal property must
be received by the offender under certain
kinds of transaction transferring juridical
possession to him.
The offender acquires both physical possession
and juridical possession when the thing
received by the offender from the offended
party
1. in trust, or
2. on commission, or
3. for administration,
Juridical possession: means a possession
which gives the transferee a right over the
thing which he may invoke even as against the Article 316 - Other Forms of Swindling and Par. 2. By disposing of real property as free
owner. Deceits from encumbrance, although such
encumbrance be not recorded
Failure to turn over to the bank the proceeds Par 1. By conveying, selling, encumbering, or
of sale of goods covered by trust receipts is mortgaging any real property, pretending to Elements:
estafa. be the owner of the same
1. That the thing disposed of be Real
The phrase or under any obligation involving Elements: property.
the duty to make delivery of, or to return the 2. Offender Knew that the real property
same, includes quasi-contracts and certain 1. That the thing be Immovable, such as a was encumbered, whether the
contracts of bailment. The obligation to return parcel of land or a building. encumbrance is recorded or not.
2. Offender who is not the owner of said
the thing must be contractual but without 3. There must be Express representation
transferring to accused ownership of the thing. property should Represent that he is by the offender that the real property
the owner thereof. is free from encumbrance.
When ownership is transferred to recipient, his 3. Offender should have Executed an act 4. Act of disposing of the real property be
failure to return it results in civil liability only. of ownership (selling, encumbering or
made to the Damage of another.
mortgaging the real property).
3 Ways Of Committing Estafa With Abuse Of 4. Act be made to Prejudice of the owner
Confidence Under Art. 315 Par. (B): or a third person.
1. Misappropriating the thing received. The thing disposed of must be real property. If
2. Converting the thing received. its chattel, crime is Estafa.
3. Denying that the thing was received.
There must be existing real property. Even if
Misappropriating: means to own, to take
the deceit is practiced against the second
something for one's own benefit. purchaser but damage is incurred by the first
Converting: Using or disposing of anothers purchaser, there is violation of par.1 of Art.
property as if it were ones own. 316.

Conversion: presupposes that the thing has Since the penalty is based on the value of
been devoted to a purpose or use different the damage there must be actual damage
from that agreed upon. caused.