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Occupation Of Real Property Or Usurpation Of Real Rights In Property


ART.312

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.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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