Article 312.

Occupation of Real Property or Usurpation of Real Rights in Property

Acts punished:
1. Taking possession of any real property belonging to another by means of violence against or
intimidation of persons;
2. Usurping any real rights in property belonging to another by means of violence against or
intimidation of persons.
Elements
1. Offender takes possession of any real property or usurps any real rights in property;
2. The 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.
Note: Violence or imtimidation must be the means used in occupying real property or usuroig real
right belonging to another.

Distinguish from THEFT or ROBBERY

1. While there is taking or asportation in theft or robbery, there is occupation
or usurpation in this crime
2. In theft or robbery, personal property is taken; while in this crime, there is
real property or real right involved;
3. In both crimes, there is intent to gain.
Article 313. Altering Boundaries or Landmarks
Elements
1. There are boundary marks or monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same;
2. Offender alters said boundary marks.
CHAPTER 5 CULPABLE INSOLVENCY
Article 314. Fraudulent Insolvency
Elements
1. Offender is a debtor, that is, he has obligations due and payable;
2. He absconds with his property;
3. There is prejudice to his creditors.
CHAPTER 6 SWINDLING AND OTHER DECEITS
Article 315. Swindling (Estafa)
Elements in general
1. Accused defrauded another by abuse of confidence or by means of deceit; and
This covers the three different ways of committing estafa under Article 315; thus, estafa is
committed
a. With unfaithfulness or abuse of confidence;
b. By means of false pretenses or fraudulents acts; or
c. Through fraudulent means.
(The first form under subdivision 1 is known as estafa with abuse of confidence; and the second
and third forms under subdivisions 2 and 3 cover cover estafa by means of deceit.)

2. Damage or prejudice capable of pecuniary estimation is caused to the offended

party or third person.
Article 316. Other Forms of Swindling
Under paragraph 1 By conveying, selling, encumbering, or mortgaging any real property,
pretending to be the owner of the same
Elements:
1. There is an immovable, such as a parcel of land or a building;
2. Offender who is not the owner represents himself as the owner thereof;
3. Offender executes an act of ownership such as selling, leasing, encumbering or mortgaging
the real property;
4. The act is made to the prejudice to the owner or a third person.
Under paragraph 2 by disposing of real property as free from encumbrance, although such
encumbrance be not recorded
Elements:
1. The thing disposed is a real property:
2. Offender knew that the real property was encumbered, whether the encumbrance is recorded
or not;
3. There must be express representation by offender that the real property is free from
encumbrance;
4. The act of disposing of the real property is made to the damage of another.
Under paragraph 3 by wrongfully taking by the owner of his personal property from its lawful
possessor
Elements:
1. Offender is the owner of personal property;
2. Said personal property is in the lawful possession of another;
3. Offender wrongfully takes it from its lawful possessor;
4. Prejudice is thereby caused to the possessor or third person.
Under paragraph 4 by executing any fictitious contract to the prejudice of another
Under paragraph 5 by accepting any compensation for services not rendered or for labor not
performed
Under paragraph 6 by selling, mortgaging or encumbering real property or properties with
which the offender guaranteed the fulfillment of his obligation as surety
Elements:
1. Offender is a surety in a bond given in a criminal or civil action;
2. He guaranteed the fulfillment of such obligation with his real property or properties;
3. He sells, mortgages, or in any manner encumbers said real property;
4. Such sale, mortgage or encumbrance is without express authority from the court, or made
before the cancellation of his bond, or before being relieved from the obligation contracted by
him.

Article 317. Swindling A Minor

Elements
1. Offender takes advantage of the inexperience or emotions or feelings of a minor;
2. He induces such minor to assume an obligation or to give release or to execute a transfer of
any property right;
3. The consideration is some loan of money, credit or other personal property;
4. The transaction is to the detriment of such minor.
Article 318. Other deceits
Acts punished
1. Defrauding or damaging another by any other deceit not mentioned in the preceding articles;
2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage or the
credulity of the public in any other similar manner, for profit or gain.
Article 319. Removal, Sale or Pledge of Mortgaged Property
Acts punished
1. Knowingly removing 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 execution of the mortgage, without the written consent of the
mortgagee or his executors, administrators or assigns;
1. Personal property is mortgaged under the Chattel Mortgage Law;
2. Offender knows that such property is so mortgaged;
3. Offender removes such mortgaged personal property to any province or city other than the
one in which it was located at the time of the execution of the mortgage;
4. The removal is permanent;
5. There is no written consent of the mortgagee or his executors, administrators or assigns to
such removal.
2. Selling or pledging 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 thereof in the office of the register of deeds of the province
where such property is located.
Elements:
1. Personal property is already pledged under the terms of the Chattel Mortgage Law;
2. Offender, who is the mortgagor of such property, sells or pledges the same or any part
thereof;
3. There is no consent of the mortgagee written on the back of the mortgage and
noted on the record thereof in the office