Title Ten

CRIMES AGAINST PROPERTY

Chapter One
ROBBERY IN GENERAL

Article 293. Who are guilty of robbery. - 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.

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person guilty
of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed.

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. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of
the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the commission of the crime, or when the
course of its execution, the offender shall have inflicted upon any person not responsible for
its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article
23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium
period in other cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or
with the use of firearm on a street, road or alley. - If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have been committed in an uninhabited place or by a
band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the
passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in
the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with
the use of a firearm, the offender shall be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.
Article 296. Definition of a band and penalty incurred by the members thereof. - When more than
three armed malefactors take part in the commission of a robbery, it shall be deemed to have been
committed by a band. 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.

Any member of a band who is present at the commission of a robbery by the band, shall be
punished as principal of any of the assaults committed by the band, unless it be shown that he
attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. - 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.

Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent
to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver
any public instrument or documents, shall be held guilty of robbery and punished by the penalties
respectively prescribed in this Chapter.

Section Two. - Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - 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. Through a opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the exercise of public authority.

Or if -

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open outside the place of
the robbery.
When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the
penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken
does not exceed 250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250
pesos, they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum
period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or
building dedicated to religious worship, the penalties next lower in degree than those prescribed in
this article shall be imposed.

Article 300. Robbery in an uninhabited place and by a band. - 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.

Article 301. What is an inhabited house, public building or building dedicated to religious worship
and their dependencies. - Inhabited house means any shelter, ship or vessel constituting the
dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other
departments or inclosed places contiguous to the building or edifice, having an interior entrance
connected therewith, and which form part of the whole, shall be deemed dependencies of an
inhabited house, public building or building dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the building and having direct connection
therewith.

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.

Article 302. Robbery is an uninhabited place or in a private building. - 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. If the entrance has been effected through any opening not intended for entrance or
egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar
tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been
broken.
 5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed even if the same to broken open elsewhere.

When the value of the property takes does not exceed 250 pesos, the penalty next lower in degree
shall be imposed.

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

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In
the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of cereals,
fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in said
articles.

Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause
have in his possession picklocks or similar tools especially adopted to the commission of the crime
of robbery, shall be punished by arresto mayor in its maximum period to prision correccional in its
minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision correccional in its medium and maximum periods.

Article 305. False keys. - The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender.

Chapter Two
BRIGANDAGE

Article 306. Who are brigands; Penalty. - 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.

Persons found guilty of this offense shall be punished by prision mayor in its medium period to
reclusion temporal in its minimum period if the act or acts committed by them are not punishable by
higher penalties, in which case, they shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it shall be presumed that
said persons are highway robbers or brigands, and in case of convictions the penalty shall be
imposed in the maximum period.

Article 307. Aiding and abetting a band of brigands. - Any person knowingly and in any manner
aiding, abetting or protecting a band of brigands as described in the next preceding article, or giving
them information of the movements of the police or other peace officers of the Government (or of the
forces of the United States Army), when the latter are acting in aid of the Government, or acquiring
or receiving the property taken by such brigands shall be punished by prision correccional in its
medium period to prision mayor in its minimum period.

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.

Chapter Three
THEFT

Article 308. Who are liable for theft. - 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.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;

2. 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

3. 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.

Article 309. Penalties. - Any person guilty of theft shall be punished by:

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. 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.

2. The penalty of prision correccional in its medium and maximum periods, if the value of the
thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.

3. 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.

4. Arresto mayor in its medium period to prision correccional in its minimum period, if the
value of the property stolen is over 50 pesos but does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50
pesos.

6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5
pesos.
 7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the
thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of
any of the five preceding subdivisions shall be made applicable.

8. 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.

Article 310. Qualified theft. - 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. (As amended by R.A. 120
and B.P. Blg. 71. May 1, 1980).

Article 311. Theft of the property of the National Library and National Museum. - If the property
stolen be any property of the National Library or the National Museum, the penalty shall be arresto
mayor or a fine ranging from 200 to 500 pesos, or both, unless a higher penalty should be provided
under other provisions of this Code, in which case, the offender shall be punished by such higher
penalty.

Chapter Four
USURPATION

Article 312. Occupation of real property or usurpation of real rights in property. - 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.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Article 313. Altering boundaries or landmarks. - 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.

Chapter Five
CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency. - Any person who shall abscond with his property to the
prejudice of his creditors, shall suffer the penalty of prision mayor, if he be a merchant and the
penalty of prision correccional in its maximum period to prision mayor in its medium period, if he be
not a merchant.

Chapter Six
SWINDLING AND OTHER DECEITS
Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means
mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if
such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may
be imposed shall not exceed twenty years. In such cases, and in connection with the accessory
penalties which may be imposed under the provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may be.

2nd. 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. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. 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. With unfaithfulness or abuse of confidence, namely:

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

(b) By misappropriating or converting, to the prejudice of another, money, goods, or

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

(c) By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the offended
party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or
business.

(c) By pretending to have bribed any Government employee, without prejudice to the
action for calumny which the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the maximum period of the
penalty.
 (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. The failure of
the drawer of the check to deposit the amount necessary to cover his check within
three (3) days from receipt of notice from the bank and/or the payee or holder that
said check has been dishonored for lack of insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.)

(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.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office
files, document or any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium
period and a fine of not less than the value of the damage caused and not more than three times
such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber
or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor,
to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. 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.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the fulfillment of such
obligation.
Article 317. Swindling a minor. - Any person who taking advantage of the inexperience or emotions
or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any
release or execute a transfer of any property right in consideration of some loan of money, credit or
other personal property, whether the loan clearly appears in the document or is shown in any other
form, shall suffer the penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of
the value of the obligation contracted by the minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the amount of
the damage caused and not more than twice such amount shall be imposed upon any person who
shall defraud or damage another by any other deceit not mentioned in the preceding articles of this
chapter.

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

Chapter Seven
CHATTEL MORTGAGE

Article 319. Removal, sale or pledge of mortgaged property. - The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be imposed upon:

1. 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.

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part
thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee
written on the back of the mortgage and noted on the record hereof in the office of the
Register of Deeds of the province where such property is located.