Article 38Act No. 3815, Sec./Art. 38

Pecuniary liabilities-Order of payment.-In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The costs of the proceedings.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

in its minimum period if the act or acts committed by

them are not punishable by higher penalties, in which

case, they shall suffer such high penalties.

If any of the arms carried by any of said persons be an

unlicensed

firearms,

it shall be presumed that said

persons are highway robbers or brigands, and in case of

convictions

the

penalty

shall

be

imposed

in

the

maximum period.

Article 307. Aiding and abetting a band of brigands. -

Any

person

knowingly

and

in

any

manner

aiding,

abetting or protecting a band of brigands as described in

the next preceding article, or giving them information of

the movements of the police or other peace officers of

the Government (or of the forces of the United States

Army),

when

the

latter

are

acting

in

aid

of

the

Government, or acquiring or receiving the property taken

by

such

brigands

shall

be

punished

by

prision

correccional in its medium period to prision mayor in its

minimum period.

It shall be presumed that the person performing any of

the acts provided in this article has performed them

knowingly, unless the contrary is proven.

Chapter Three THEFT

Article 308. Who are liable for theft. - Theft is committed

by any person who, with intent to gain but without

violence against or intimidation of persons nor force upon

things, shall take personal property of another without

the latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to

deliver the same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the

property of another, shall remove or make use of the

fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field

where trespass is forbidden or which belongs to another

and without the consent of its owner, shall hunt or fish

upon the same or shall gather cereals, or other forest or

farm products.

Article 309. Penalties. - 1. The penalty of prisión mayor in

its minimum and medium periods, if the value of the

thing stolen is more than One million two hundred

thousand pesos (P1,200,000) but does not exceed Two

million two hundred thousand pesos (P2,200,000); but if

the value of the thing stolen exceeds the latter amount,

the penalty shall be the maximum period of the one

prescribed in this paragraph, and one (1) year for each

additional One million pesos (P1,000,000), but the total of

the penalty which may be imposed shall not exceed

twenty (20) years. In such cases, and in connection with

the accessory penalties which may be imposed and for

the purpose of the other provisions of this Code, the

penalty

shall

be

termed

prisión

mayor or reclusion

temporal, as the case may be.

2. The penalty of prisión correccional in its medium and

maximum periods, if the value of the thing stolen is more

than Six hundred thousand pesos (P600,000) but does

not exceed One million two hundred thousand pesos

(P1,200,000).

3. The penalty of prisión correccional in its minimum and

medium periods, if the value of the property stolen is

more than Twenty thousand pesos (P20,000) but does

not exceed Six hundred thousand pesos (P600,000).

4.

Arresto

mayor

in

its

medium

period

to

prisión

correccional in its minimum period, if the value of the

property stolen is over Five thousand pesos (P5,000) but

does not exceed Twenty thousand pesos (P20,000).

5. Arresto mayor to its full extent, if such value is over Five

hundred pesos (P500) but does not exceed Five thousand

pesos (P5,000).

6. Arresto mayor in its minimum and medium periods, if

such value does not exceed Five hundred pesos (P500).

7. Arresto menor or a fine not exceeding Twenty thousand

pesos (P20,000), if the theft is committed under the

circumstances enumerated in paragraph 3 of the next

preceding article and the value of the thing stolen does

not exceed Five hundred pesos (P500). If such value

exceeds said amount, the provisions of any of the five

preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine of not

exceeding Five thousand pesos (P5,000), when the value

of the thing stolen is not over Five hundred pesos (P500),

and the offender shall have acted under the impulse of

hunger, poverty, or the difficulty of earning a livelihood for

the support of himself or his family.

(as amended by Republic Act No. 10951, [August 29, 2017])

Article 310. Qualified theft. - The crime of theft shall be

punished by the penalties next higher by two degrees

than those respectively specified in the next preceding

article, if committed by a domestic servant, or with grave

abuse of confidence, or if the property stolen is motor

vehicle, mail matter or large cattle or consists of coconuts

taken from the premises of the plantation or fish taken

from a fishpond or fishery, or if property is taken on the

occasion of fire, earthquake, typhoon, volcanic eruption,

or

any

other

calamity,

vehicular

accident

or

civil

disturbance. (As amended by R.A. 120 and B.P. Blg. 71. May

1, 1980).

Article 311. Theft of the property of the National Library

and National Museum. - If the property stolen be any

property of the National Library or the National Museum,

the penalty shall be arresto mayor or a fine ranging from

Forty

thousand

pesos

(P40,000)

to

One

hundred

thousand pesos (P100,000), or both, unless a higher

penalty should be provided under other provisions of this

Code, in which case, the offender shall be punished by

such higher penalty.

Chapter Four USURPATION

Article 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 50 to 100 per centum of

the gain which he shall have obtained, but not less than

Fifteen thousand pesos (P15,000).

If the value of the gain cannot be ascertained, a fine of

from Forty thousand pesos (P40,000) to One hundred

thousand pesos (P100,000) shall be imposed.

Article 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.

Chapter Five CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency. - Any person who shall

abscond

with

his

property

to

the

prejudice

of

his

creditors, shall suffer the penalty of prision mayor, if he be

a merchant and the penalty of prision correccional in its

maximum period to prision mayor in its medium period, if

he be not a merchant.

Chapter Six SWINDLING AND OTHER DECEITS

Article 315. Swindling (estafa). - Any person who shall

defraud

another

by

any

of

the

means

mentioned

hereinbelow shall be punished by:

Any person who shall defraud another by any of the

means mentioned hereinbelow shall be punished by:

© Compiled By RGL

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