Altering boundaries or landmarks, A313 Revised Penal Code
Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof.
1. Concept
Altering boundaries or landmarks – refers to the offense of altering boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof.
a. Legal basis
Art. 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 Twenty thousand pesos (P20,000), or both. (As amended by R.A. 10951)
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) To alter boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof
a. Mode 1: Lorem
Elements of the offense:
1) That there are boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof; and
2) That the offender alters said boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries thereof. (REVISED PENAL CODE, Article 313)
1) Element 1: Boundary marks or monuments
The boundary marks or monuments referred to in this offense include those of:
1) Towns;
2) Provinces;
3) Estates; or
4) Any other marks intended to designate the boundaries.
In towns or provinces, these boundary markers or monuments are often in the form of arches, monuments, or stone engravings welcoming those who enter these places and saying goodbye to those who are leaving.
For estates, the boundary markers are often in the form of cornerstones (muhon) signifying the metes and bounds of a private property.
Considering that there is a catch-all provision on “any other marks intended to designate the boundaries”, boundary markers are thus not limited to the foregoing and may include any and all form of markers signifying or indicating boundary markers.
2) Element 2: Alteration
The alteration of the said boundary markers is the gravamen of the offense. Unfortunately, the provision nor the Revised Penal Code do not provide for a definition of what constitutes alteration.
Alteration may refer to making changes to the boundary markers or monuments itself, such as re-shaping or re-modeling, chipping away or destroying it, and analogous thereto resulting in the change of the physical properties of the boundary markers.
On the other hand, in the context of setting boundaries, alteration may refer to relocating or repositioning such boundary markers in order to change the metes and bounds of a town, province, or estate.
NB: Between these two definitions, the second seems to align with the intention of the provision as any change on the physical properties of the boundary markers may be covered by the offense of malicious mischief. Notwithstanding, this may still be open for interpretation by the Supreme Court.
a) Intent to gain, immaterial
It should be noted that intent to gain is not material. Thus, there mere fact of committing this offense is sufficient to be criminally liable, regardless of whether the offender stands to gain something.
3. Things to note
The following are some additional things to note about this offense.
a. Common provisions
This offense shares common provisions with other offenses under Title X of the Revised Penal Code – Crimes Against Property. See: Crimes Against Property
References
⦁ Title 10 – Crimes Against Property, Book 2, Revised Penal Code
/Updated: June 22, 2023
