On
Usurpation of Real Rights in Property

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 50 to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

ELEMENTS:
1. That the offender takes possession of any real property or usurps any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property; and
4. That there is intent to gain.

Acts punishable under Art. 312:
1. Taking possession of any real property belonging to another by means of violence against or intimidation of persons
2. Usurping any real rights in property belonging to another by means of violence against or intimidation of persons.

If no violence or intimidation only civil liability exists.

Art. 312 does not apply when the violence or intimidation took place subsequent to the entry into the property. Violence or intimidation must be the means used in occupying real property
or in usurping real rights.

Art. 312 does not apply to a case of open defiance of the writ of execution issued in the forcible entry case.

Criminal action for usurpation of real property is not a bar to civil action for forcible entry.


RA 947
Punishes entering or occupying public agricultural land including lands granted to private individuals.


RA.No.947

AN ACT MAKING IT UNLAWFUL FOR ANY PERSON, CORPORATION OR ASSOCIATION TO FORCIBLY ENTER OR OCCUPY PUBLIC AGRICULTURAL LANDS AND PENALIZING VIOLATIONS THEREOF

Section 1. It shall be unlawful for any person, corporation or association to enter or occupy, through force, intimidation, threat, strategy or stealth, any public agricultural land including such public lands as are granted to private individuals under the provisions of the Public Land Act or any other laws providing for the disposal of public agricultural lands in the Philippines, and are duly covered by the corresponding applications required for the purpose notwithstanding the fact that title thereto still remains in the Government; or for any person, natural or juridical, to instigate, induce or force another to commit such acts.

Sec. 2. The criminal action for any violation of the provisions of this Act shall be instituted within one year from the time the cause of action arises.

Sec. 3.    Any violation of the provisions of this Act shall be punished by a fine of not exceeding one thousand pesos or imprisonment for not more than one year, or by both such fine and imprisonment in the discretion of the court. In case of insolvency, the offender shall suffer subsidiary imprisonment to be computed in accordance with the provisions of the Revised Penal Code.

If the offender is a corporation or association, the president, director, manager or managing partner thereof shall be held criminally liable therefor.

Sec. 4.    This Act shall take effect upon its approval.

Approved: June 20

Bar Exam Question (1996)

Usurpation of Real Rights (1996)

Teresita is the owner of a two-hectare land in Bulacan which she planted to rice and corn. Upon her arrival from a three-month vacation in the United States, she was surprised to discover that her land had been taken over by Manuel and Teofilo who forcibly evicted her tenant-caretaker Juliana, after threatening to kill the latter if she would resist their taking of the land. Thereafter, Manuel and Teofilo plowed, cultivated and appropriated the harvest for themselves to the exclusion of Teresita. 

1) What crime or crimes did Manuel and Teofilo commit? Explain. 
2) Suppose Manuel and Teofilo killed Juliana when the latter refused to surrender possession of the land, what crime or crimes did the two commit? Explain.

Suggested Answer:

1) Manuel and Teofilo committed the crime of usurpation of real rights under Art. 312 of the Revised Penal Code for employing violence against or intimidation of persons. The threats to kill employed by them in forcibly entering the land is the means of committing the crime and therefore absorbed in the felony, unless the intimidation resulted in a more serious
felony.

2) The crime would still be usurpation of real rights under Art. 312, RPC, even if the said offenders killed the caretaker because the killing is the Violence against persons" which is the means for committing the crime and as such, determinative only. However, this gives way to the proviso that the penalty provided for therein is "in addition to the penalty incurred in the acts of violence (murder or homicide] executed by them. The crime is similar to a robbery where a killing is committed by reason thereof, giving rise only to one indivisible offense (People vs. Judge Alfeche, plus the fine mentioned therein.