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Occupation of real property or usurpation of real rights, A312 Revised Penal Code

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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 property or usurping any real rights belonging to another person, by eans of violence against or intimidation of persons.

a. Legal basis

Art. 312. Occupation of real property or usurpation of real rights in property. - Any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from fifty (50) to one hundred (100) per centum of the gain which he shall have obtained, but not less than Fifteen thousand pesos (P15,000.00).

If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (P40,000) to One hundred thousand pesos (P40,000) to One hundred thousand pesos (P100,000) shall be imposed. (As amended by R.A. 10951)  

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...

 


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