Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. 1. Concept Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. The…
Arson refers to the malicious burning of property by means of fire. 1. Concept Arson – is the malicious burning of property. (People v. Soriano, G.R. No. 142565, July 29, 2003, Per Bellosillo, J.) Arson – is defined as the malicious destruction of property by fire. (People v. Acosta, G.R. No. 126351, February 18, 2000)…
Malicious mischief refers to the offense of deliberately causing damage to another’s property for mere sake of doing so and such act does not constitute arson or other crimes involving damage to property. 1. Concept Malicious mischief – is the crime committed by a person who shall deliberately cause to the property of another any…
Removal of mortgaged property refers to the offense of knowingly removing 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 the execution of the mortgage, without the written consent of the mortgagee, or the latter’s executors, administrators or…
Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. 1. Concept Fraudulent insolvency – refers to the offense of absconding with property to the prejudice of creditors. a. Legal basis Article 314. Fraudulent insolvency. – Any person who shall abscond with his property to the prejudice of his…
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…
Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real property or usurping any real rights belonging to another person, by eans of violence against or intimidation of persons. 1. Concept Occupation or usurpation of real property/rights –refers to the offense of unlawfully taking possession of any real…
Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. 1. Concept Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. a. Legal basis Article 310. Qualified theft. – The crime of theft shall…
Theft – is the offense of taking another’s personal property without violence against or intimidation of persons nor force upon things. 1. Concept Theft – is [an offense] committed if the taking [of another’s personal property] is without violence against or intimidation of persons nor force upon things. (Tan v. People, G.R. No. 134298, August…
Robbery by use of force upon is an offense committed by any person who, with intent to gain, shall take any personal property belonging to another using force upon anything shall be guilty of robbery. 1. Concept Robbery by use of force upon – is an offense committed by “any person who, with intent to…