Você está na página 1de 13

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 house or
Inhabited House or Public House or Public Building public building or edifice devoted
Building or Edifice Devoted or Edifice Devoted to to worship. - Any armed
to Worship. Worship. Any armed person who shall commit
person who shall robbery in an inhabited house or
commit robbery in an public building or edifice devoted
Robbery - any person who, inhabited house or public to religious worship, shall be
with intent to gain, shall take building or edifice punished by reclusion
any personal property devoted to religious temporal, if the value of the
belonging to another, by worship, shall be property taken shall exceed Fifty
means of violence against or punished by reclusin thousand pesos (P50,000),
intimidation of any person, or temporal, if the value of and if
using force upon anything, the property taken shall
shall be guilty of robbery. exceed 250 pesos, and (a) The malefactors shall enter
(Art. 293) if the house or building in which
the robbery was committed, by
(a) The malefactors any of the following means:
shall enter the house or
building in which the 1. Through an opening not
robbery was committed, intended for entrance or egress.
by any of the following 2. By breaking any wall, roof, or
means: floor or breaking any door or
window. tools.
1. Through an opening 3. By using false keys, picklocks
not intended for entrance or similar
or egress; 4. By using any fictitious name or
2. By breaking any wall, pretending the exercise of public
roof, or floor or breaking authority.
any door or window;
3. By using false keys,
picklocks or similar tools; Or if
4. By using any fictitious
name or pretending the (b) The robbery be committed
exercise of public under any of the following
authority; circumstances:
or if
1. By the breaking of doors,
(b) The robbery be wardrobes, chests, or any other
committed under any of kind of locked or sealed furniture
the following or receptacle.
circumstances:
2. By taking such furniture or
1. By the breaking of objects away to be broken or
doors, wardrobes, chests, forced open outside the place of
or any other kind of the robbery.
locked or sealed furniture
or receptacle;
2. By taking such When the offenders do not
furniture or objects away carry arms, and the value of the
to be broken or forced property taken exceeds Fifty
open outside the place of thousand pesos (P50,000),
the robbery. the penalty next lower in degree
shall be imposed.
When the offenders
do not carry arms, and The same rule shall be applied
the value of the property when the offenders are armed,
taken exceeds 250 but the value of the property
pesos, the penalty next taken does not exceed Fifty
lower in degree shall be thousand pesos (P50,000).
imposed.
When said offenders do not
carry arms and the value of the
The same rule shall be property taken does not exceed
applied when the Fifty thousand pesos
offenders are armed, but (P50,000), they shall suffer the
the value of the property penalty prescribed in the two (2)
taken does not exceed next preceding paragraphs, in its
250 pesos. minimum period.

If the robbery be committed in


When said offenders one of the dependencies of an
do not carry arms and inhabited house, public building,
the value of the property or building dedicated to religious
taken does not exceed worship, the penalties next lower
250 pesos, they shall in degree than those prescribed in
suffer the penalty this article shall be imposed.
prescribed in the two (2)
next 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.
Art. 302. Robbery in an Robbery in an Robbery in an uninhabited place
Uninhabited Place or in a Uninhabited Place or in a or in a private building. Any
Private Building. Any Private Building. Any robbery committed in an
robbery committed in an robbery committed in an uninhabited place or in a building
uninhabited place or in a uninhabited place or in a other than those mentioned in
building other than those building other than those the first paragraph of Article 299,
mentioned in the first mentioned in the first if the value of the property taken
paragraph of article 299. paragraph of article 299, exceeds Fifty thousand pesos
if the value of the (P50,000), shall be punished by
property taken exceeds prision correccional in its
250 pesos, shall be medium and maximum 38
punished by prisin periods provided that any of the
correccional in its following circumstances is
medium and present:
maximum periods
provided that any of the 1. If the entrance has been
following circumstances effected through any opening not
is present: intended for entrance or egress.
2. If any wall, roof, floor or
1. If the entrance has been outside door or window has been
effected through any broken.
opening not intended for 3. If the entrance has been
entrance or egress. effected through the use of false
2. If any wall, roof, floor keys, picklocks or other similar
or outside door or tools.
window has been broken. 4. If any door, wardrobe, chest, or
3. If the entrance has any sealed or closed furniture or
been effected through the receptacle has been broken.
use of false keys, 5. If any closed or sealed
picklocks or other similar receptacle as mentioned in the
tools. preceding paragraph, has been
4. If any door, wardrobe, removed, even if the same be
chest, or any sealed or broken open elsewhere.
closed furniture or
receptacle has been When the value of the
broken. 5. If any closed or property taken does not exceed
sealed receptacle, as Fifty thousand pesos
mentioned in the (P50,000), the penalty next
preceding paragraph, has lower in degree shall be imposed.
been removed, even if the
same be broken open In the cases specified in
elsewhere. Articles 294, 295 297 299, 300,
and 302 of this Code, when the
When the value of the property taken is mail matter
property taken does not or large cattle, the offender
exceed 250 pesos, the snail suffer the penalties next
penalty next lower in higher in degree than those
degree shall be imposed. provided in said articles.

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.
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 I. I.
person who shall Amount Penalty / Amount of Penalty /
defraud another of FRAUD Imprisonment FRAUD Imprisonment
by any of the 12,000 Prisin Over Two million Prisin
means pesos but Correccional in four hundred Correccional in
mentioned in does not its maximum thousand pesos its maximum
this article. exceed period to Prisin (P2,400,000) period to Prisin
22,000 Mayor in its but does not Mayor in its
pesos minimum exceed Four minimum period
period million four
hundred thousand
pesos
(P4,400,000)
Above Four Prisin
Above Prisin million four Correccional in
22,000 Correccional in hundred thousand its maximum
pesos its maximum pesos period adding
period adding (P4,400,000) one year for each
one year for additional Two
each additional million pesos
10,000 pesos (P2,000,00);
but the total pesos but the
penalty which total penalty
may be imposed which may be
shall not exceed imposed shall
twenty years. not exceed
twenty years.

In such cases, and in connection with


In such cases, and in the accessory penalties which may be
connection with the accessory imposed and for the purpose of the
penalties which may be other
imposed and for the purpose of provisions of this Code, the penalty
the other shall be termed prisin mayor or
provisions of this Code, the reclusin temporal, as the case may
penalty shall be termed prisin be.
mayor or reclusin temporal,
as the case may be.

II. II.

Amount Penalty / Amount of Penalty /


of Imprisonment FRAUD Imprisonment
FRAUD over One million Prisin
Over 6,000 Prisin two hundred correccional in its
pesos but correccional in thousand pesos minimum and
does not its minimum and (P1,200,000) but medium periods
exceed medium periods does not exceed
12,000 Two million four
pesos. hundred
thousand pesos
(P2,400,000).

III. III.

Amount Penalty / Amount of Penalty /


of Imprisonment FRAUD Imprisonment
FRAUD over Forty Arresto mayor in
200 pesos Arresto mayor in thousand pesos its maximum
but does its maximum (P40,000) but period to Prisin
not exceed period to Prisin does not exceed correccional in its
6,000 correccional in One million two minimum period
pesos its minimum hundred
period thousand pesos
(P1,200,000)

IV. IV.
Amount Penalty / Amount of Penalty /
of Imprisonment FRAUD Imprisonment
FRAUD Forty thousand arresto mayor in its
does not arresto mayor in pesos (P40,000), medium and
exceed 200 its medium and maximum periods
pesos maximum
periods

Provided that in the four cases Provided that in the four cases
mentioned, the fraud be mentioned, the fraud be committed by
committed by any of the any of the following means:
following means:
1. With unfaithfulness or abuse of
1. With unfaithfulness or abuse confidence, namely:
of confidence, namely: (a) By altering the substance, quantity, or
(a) By altering the substance, quality of anything of value which the
quantity, or quality of anything offender shall deliver by virtue of an
of value which the offender shall obligation to do so, even though such
deliver by virtue of an obligation obligation be based on an immoral or
to do so, even though such illegal consideration.
obligation be based on an
immoral or illegal consideration.

(b) By misappropriating or (b) By misappropriating or converting, to


converting, to the prejudice of the prejudice of another, money, goods,
another, money, goods, or any or any other personal property received
other personal property received by the offender in trust or on
by the offender in trust or on commission, or for administration, or
commission, or for under any other obligation involving the
administration, or under any duty to make delivery of or to return the
other obligation involving the same, even though such obligation be
duty to make delivery of or to totally or partially guaranteed by a bond;
return the same, even though or by denying having received such
such obligation be totally or money, goods, or other property.
partially guaranteed by a bond;
or by denying having received
such money, goods, or other
property.
(c) By taking undue advantage of (c) By taking undue advantage of the
the signature of the offended signature of the offended party in blank,
party in blank, and by writing and by writing any document above such
any document above such signature in blank, to the prejudice of the
signature in blank, to the offended party or any third person.
prejudice of the offended party
or any third person.

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


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

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


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

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


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

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


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

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


or issuing such check in such check in payment of an
payment of an obligation, when the offender had
obligation, when the no funds in the bank, or his funds
offender had no funds in deposited therein were not
the bank, or his funds sufficient to cover the amount of
deposited therein were the check. The failure of the
not sufficient to cover the drawer of the check to deposit the
amount of the check. The amount necessary to cover his
failure of the drawer of check within three (3) days from
the check to deposit the receipt of notice from the bank
amount necessary to and/or payee or holder that said
cover his check within check has been dishonored for lack
three (3) days from or insufficiency of funds shall be
receipt of notice from the prima facie evidence of deceit
bank and/or payee or constituting false pretense or
holder that said check fraudulent act.
has been dishonored for
lack or insufficiency of
funds shall be 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 pretenses
accommodation at a hotel, or fraudulent acts as defined in
inn, restaurant, boarding paragraph 2(d) hereof shall be
house, lodging house, or punished by:
apartment house and the
like without paying therefor, I.
with intent to defraud the Amount of Penalty /
proprietor or manager FRAUD Imprisonment
thereof, or by obtaining Over Four reclusin
credit at a hotel, inn, million four temporal in its
restaurant, boarding house, hundred maximum
lodging house, or apartment thousand pesos
house by the use of any false (P4,400,000)
pretense, or by abandoning but does not
or surreptitiously removing exceed Eight
any part of his baggage from million eight
a hotel, inn, restaurant, hundred
boarding house, lodging thousand pesos
house, or apartment house (P8,800,000)
after obtaining credit, food,
refreshment, or Over Eight Reclusin
accommodation therein million eight perpetua
without paying for his food, hundred pesos
refreshment, or (P8,800,000.00)
accommodation.

II.

Amount of Penalty /
FRAUD Imprisonment
Over Two Reclusin
million four temporal in its
hundred minimum and
thousand medium
(P2,400,000) periods
but does not
exceed Four
million for
hundred
thousand pesos
(P4,400,000).

III.

Amount of Penalty /
FRAUD Imprisonment
Over One million Prisin mayor
two hundred in its
thousand pesos maximum
(P1,200,000) but period
does not exceed
Two million four
hundred
thousand pesos
(P2,400,00).

IV.

Amount of Penalty /
FRAUD Imprisonment
over Forty Prisin mayor
thousand pesos in its medium
(P40,000) but period
does not exceed
One million two
hundred
thousand pesos
(P1,200,000).

V.
Amount of Penalty /
FRAUD Imprisonment
Does not exceed Prisin mayor
Forty thousand in its
pesos (P40,000). minimum
period

3. Through any of the following


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

Article 318.
Other Deceits.

Shall be imposed The penalty of arresto mayor and The penalty of arresto mayor and a fine of
upon any person a fine of not less than the amount not less than the amount of the damage
who shall of the damage caused and not caused and not more than twice such
defraud or more than twice such amount. amount.
damage another
by any other
deceit not
mentioned in the
preceding
articles of this
Chapter. The penalty of arresto menor The penalty of arresto mayor or a fine
or a fine not exceeding 200 not exceeding Forty thousand pesos
Any person who, pesos. (P40,000).
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:

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 Special cases of malicious
Malicious Mischief - Any Malicious Mischief. mischief. - Any person who shall
person who shall cause Any person who shall cause damage to obstruct the
damage to obstruct the cause damage to obstruct performance of public functions,
performance of public the performance of public or using any poisonous or
functions, or using any functions, or using any corrosive substance; or spreading
poisonous or corrosive poisonous or corrosive any infection or contagion among
substance; or spreading any substance; or spreading cattle; or who causes damage to
infection or contagion among any infection or contagion the property of the National
cattle; or who causes damage among cattle; or who Museum or National Library, or
to the property of the causes damage to the to any archive or registry,
National Museum or National property of the National waterworks, road, promenade, or
Library, or to any archive or Museum or National any other thing used in common
registry, waterworks, road, Library, or to any archive by the public, shall be punished:
promenade, or any other or registry, waterworks,
thing used in common by the road, promenade, or any
public. other thing used in 1. By prision correccional in
common by the public, its minimum and medium
shall be punished:
periods, if the value of the
damage caused exceeds Two
1. By prisin hundred thousand pesos
correccional in its (P200,000):
minimum and
medium periods, if the 2. By arresto mayor, if such
value of the damage value does not exceed the
caused exceeds 1,000 abovementioned amount but
pesos; is over Forty thousand pesos
(P40,000); and

2. By arresto mayor, if 3. By arresto menor, if such


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

3. By arresto menor, if
such value does not
exceed 200 pesos
Art. 329. Other Mischiefs. Other Mischiefs. The Other mischiefs. The mischiefs
The mischiefs not included in mischiefs not included in not included in the next
the next preceding article. the next preceding article preceding article shall be
shall be punished: punished:

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


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

2. By arresto mayor in its


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

3. By arresto menor or a fine


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

Você também pode gostar