Ateneo de Manila University

School of law
CRIMINAL LAW II

Atty. Lorenzo U. Padilla, A.B., LL.B., M.B.A., LL.M.

REVISED PROGRAM MODULES FOR THE COURSE IN CRIMINAL LAW II (2016)

PROGRAM MODULE NO. 1

Specific learning objectives - Laws to be considered - Cases for mandatory
reading -Cases for optional reading - General direction of the session

CRIMES AGAINST PROPERTY

Specific learning objectives:

1.
To understand the various crimes against property which are defined
and penalized under the Revised Penal Code, as amended(CHAPTER 1-- Robbery
in General: robbery with violence against or intimidation of persons [robbery with violence against
or intimidation of persons; 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; attempted and frustrated robbery committed
under certain circumstances, and execution of deeds by means of violence or intimidation]; robbery
with force upon things [robbery in an inhabited house or public building or edifice devoted to religious
worship; robbery in an inhabited place and by a band; robbery in an uninhabited place or in a private
building; robbery of cereals, fruits or firewood in an uninhabited place or private building];
CHAPTER 2 -- Brigandage: brigandage and aiding and abetting a band of brigands;
CHAPTER 3 -- Theft: simple and qualified theft, and theft of property of the National Library
and National Museum; CHAPTER 4 -- Usurpation: occupation of real property or usurpation
of real rights in property, and altering boundaries and landmarks; CHAPTER 5 - Culpable
insolvency: fraudulent insolvency; CHAPTER 6 -- Swindling and Other Deceits:
swindling (estafa), other forms of swindling, swindling a minor, and other deceits; CHAPTER 7 -Violation of Security under Chattel Mortgage: removal, sale or pledge of mortgaged
property; CHAPTER 8 -- Arson and other crimes involving destruction: destructive
arson, simple arson, and other cases of arson; CHAPTER 9 -- Malicious mischief: malicious
mischief, special cases of malicious mischief, damage and obstruction to means of communication, and
destruction or damaging statues, public monuments or paintings, as well as those defined and
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penalized under special penal statutes (simple arson, other cases of arson, etc.), their respective
elements, penalties, special grounds for exemption from criminal liability for certain
crimes against property, and related concepts; and,
2.
To examine cases involving crimes against property for purposes of
refining the students' understanding of the relevant provisions and concepts and their
applications to actual situations.

Laws to be considered.
1.

Revised Penal Code.

Arts. 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307,
308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
325, 326, 327, 328, 329, 330, 331, 332, Revised Penal Code, as amended by Republic
Act No. 7659;
2.

Special penal legislations (only for partial integration).

A.
Pres. Dec. No. 1612 (Anti-Fencing Law);
B.
Rep. Act No. 8368, repealing Pres. Dec. No. 772 (Penalizing
Squatting and other similar acts);
C.
Batas Pambansa Blg. 22 (Bouncing Checks Law);
D.
Pres. Dec. No. 532 (Anti-Piracy and Anti-Highway Robbery Law of
1974);
E.
Pres. Dec. No. 533 (Anti-Cattle Rustling Law of 1974);
F.
Rep Act No. 6539, as amended (Anti-Carnapping Act of 1972);
G.
Pres. Dec. Nos. 704 and 705;
H.
Pres. Dec. Nos. 1613 and 1744;
I.
Pres. Dec. No. 55;
J.
Pres. Dec. No. 704;
K.
Rep. Act No. 7942, Secs. 102, 103, 104, 105, 106, 107, 108 and 110;
L.
Rep Act No. 8041, Secs. 8, 9, 10 and 11;
M.
Rep Act No. 7659;
N.
Rep Act No. 8042, Secs. 6, 7 and 8;
O.
Republic Act No. 8484 (particularly, Secs. 9, 10, 11, 12, 13 and 14),
entitled ACCESS DEVICE REGULATION ACT OF 1998); and,
P.
Republic Act No. 9160, entitled AN ACT DEFINING THE
CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES, as amended.
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Cases for mandatory reading.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.

People vs. Naparan, Jr., 225 SCRA 714;

People vs. Arbolante, 203 SCRA 85;
People vs. Nunag, 196 SCRA 206;
Venturina vs. Sandiganbayan, 193 SCRA 40;
People vs. Dela Cruz, 183 SCRA 763;
People vs. Victor, 181 SCRA 818;
People vs. Go, 186 SCRA 790;
People vs. Aspili, 191 SCRA 530;
Santos vs. People, 181 SCRA 487;
People vs. Salvilla, 184 SCRA 671;
People vs. Nitafan, 207 SCRA 726;
People vs. Penillos, 205 SCRA 546;
Magno vs. Court of Appeals, 210 SCRA 471;
De Jesus vs. Collado, 216 SCRA 619;
Leon vs. Court of Appeals, 222 SCRA 279;
Navarro vs. Court of Appeals, 234 SCRA 639;
Ilagan vs. Court of Appeals, 239 SCRA 575;
People vs. Alfeche, Jr., 211 SCRA 770;
Sesbreno vs. Court of Appeals, 241 SCRA 216;
People vs. Gacott, Jr., 244 SCRA 50;
Cruz vs. Court of Appeals, 233 SCRA 301; and
Caram Resources Corporation vs. Contreras, 237 SCRA 724.

Cases for optional reading.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

People vs. Puloc, 202 SCRA 179;

People vs. Ponciano, 204 SCRA 627;
People vs. Lee, 204 SCRA 900;
Aquino vs. Court of Appeals, 204 SCRA 240;
Ordonio vs. Court of Appeals, 199 SCRA 873;
People vs. Ampo-an, 187 SCRA 173;
Prudential Bank vs. Intermediate Appellate Court, 216 SCRA 257;
People vs. Lagmay, 215 SCRA 218;
Abundo vs. Sandiganbayan, 205 SCRA 193;
Chua vs. Court of Appeals, 222 SCRA 85;
State Investment House, Inc. vs. Court of Appeals, 217 SCRA 32;
Castro vs. Mendoza, 226 SCRA 611;
Lazaro vs. Court of Appeals, 227 SCRA 723;
Hernandez vs. Court of Appeals, 228 SCRA 429;
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15.
16.
17.

Dizon-Pamintuan vs. People, 234 SCRA 63;

Que vs. People, G.R. No. 75217, 11 Sept. 1987; and
Manzanilla vs. People, G.R. No. 66003, 11 Dec. 1987.

General direction of session.

See TARGET II-01-10 SYLLABUS.