Crimes Against Property PDF

CRIMES AGAINST PROPERTY  WHAT ARE CRIMES AGAINST PROPERTY? These are crimes directed at a person’s belongings, intellectual properties, and money. It includes many common crimes, relating to the theft or destruction of someone else’s property. It is an action whethe...

CRIMES AGAINST PROPERTY  WHAT ARE CRIMES AGAINST PROPERTY? These are crimes directed at a person’s belongings, intellectual properties, and money. It includes many common crimes, relating to the theft or destruction of someone else’s property. It is an action whether by theft or destruction and without permission from the rightful owner, to intentionally and permanently deprive, or risk depriving an individual or commercial entity of their physical or virtual property.  WHAT ARE CRIMES AGAINST PROPERTY? A.Robbery, Brigandage, Theft; B. Malicious Mischief; C. Usurpation; D.Arson and Levels of Offense of Arson; and E. Cybercrime Cases  Art. 293 What is Robbery? It is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon things. TWO TYPES OF ROBBERY (Based on RPC) Force upon things as means of entry to the house or building; and Intimidation (action of intimidating/frighten someone),or violence upon persons Elements of Robbery: 1. That there must be personal property; 2. That personal property belonging to another; 3. That the taking must be with intent to gain; 4. That there is violence against or intimidation of any person, or force upon anything. 5 6 7 8 9 10 Art. 308 WHAT IS THEFT? 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. 11  Mr. “A” is angry to Mr. “B”. One day Mr. “A” go to the nipa house of Mr. “B” and destroyed the sidings/sidetrack of the house. When Mr. “A” is about to leave, he noticed that he may use a portion of the nipa to his house. What crime was committed by Mr. “A”? 12 Theft – 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 1. Having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. 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. Enter an enclosed 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 fruits, cereals, or other forest or farm products Module 7 Lesson 7.2 Version Apr 13 il 2016 Carnapping - Republic Act No. 10883, or otherwise known as the New Anti- Carnapping Act of 2016 (RA 10883) For purposes of knowing what carnapping is, one must be able to know what motor vehicle is, in the first place. As defined under this law, motor vehicle refers to any vehicle propelled (cause to move) by any power other than muscular power (ability to generate as much force as possible), as quickly as possible. using the public highways. Module 7 Lesson 7.2 Version Apr 14 il 2016 Carnapping - Republic Act No. 10883, or otherwise known as the New Anti- Carnapping Act of 2016 (RA 10883) Note that the following are not embraced in the definition of a motor vehicle under the law and thus cannot be the subject of carnapping, to wit: road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles which run only on rails or tracks; and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Module 7 Lesson 7.2 Version Apr 15 il 2016 Carnapping - Republic Act No. 10883, or otherwise known as the New Anti- Carnapping Act of 2016 (RA 10883) RA 10883 punishes the crime of carnapping which refers to the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things. Module 7 Lesson 7.2 Version Apr 16 il 2016 17