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.


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