Occupation of real estate | Manila weather

Dear PAO,

My uncle and cousins ​​broke into our property, claiming that we were not allowed to stay there. They even threatened to physically injure or kill our family if we didn’t leave right away so they could take care of the same thing for us. They weren’t enforcing rights as the real owners, they just wanted to take us away. Fortunately, our neighbors calmed them down before things got out of hand. What case, if any, can we bring against our loved ones?

Seth

Dear Seth,

You can file a complaint for violation of art. 312 of the revised Penal Code, as amended by Law of the Republic (RA) 10951, which states:

“SEC. 83. Article 312 of the same law is amended as follows:

“ART. 312. Occupation of a building or usurpation of real right over the property. – Anyone who, by means of violence or intimidation against people, takes possession of real estate or usurps any real right over property belonging to others. , in addition to the penalty incurred for the acts of violence he has committed, will be punished with a fine of fifty (50) to one hundred (100) percent of the gain he will have obtained, but not less than fifteen thousand pesos ( 15,000 P).

“If the value of the prize cannot be determined, a fine of forty thousand pesos (40,000 P) to 100,000 pesos (100,000 P) will be imposed. “

The elements of the aforementioned crime were discussed in Conchita Quinao Against the People of the Philippines, rep. by the Office of the Solicitor General and Francisco Del Monte (GR 139603, July 14, 2000), written by Associate Judge Santiago Kapunan:

“The conditions required for usurpation are that the accused has taken possession of the immovable property of others or has usurped real rights over the property of others; that the possession or usurpation was committed with violence or intimidation and that the accused had animo lucrandi. xxx the proof must show that the real property occupied or usurped belong, not to the occupier or the usurper, but to some third party, and that the possession of the usurper was obtained by means of intimidation or violence give the fallen person possession of good.

“More explicitly, in Castrodes v. Cubelo, the Court declared that the elements of the offense are (1) the occupation of the immovable property of another or the usurpation of a real right belonging to another person; (2) violence or intimidation should be employed in possession of real property or in usurping real right, and (3) the accused must be motivated by intent to win.

You mentioned that your uncle and cousins ​​weren’t claiming to be actual owners, so the property could in fact be owned by someone else. The violence or intimidation you have suffered is their threat to inflict physical damage or death on you, and they intend to win because they were hunting you in order to take possession and occupy the property.

We hope we have been able to answer your questions. This advice is based solely on the facts you have related and our assessment of them. Our opinion may vary when other facts are changed or developed.