Text of the provision
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 fifty (50) to one hundred (100) per centum of the gain which he shall have obtained, but not less than Fifteen thousand pesos (₱15,000). If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000) shall be imposed.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
A person who, by violence against or intimidation of persons, takes possession of real property or usurps a real right belonging to another is punished — on top of the penalty for the violence itself — by a fine of from fifty (50) to one hundred (100) per centum of the gain obtained, but not less than Fifteen thousand pesos (₱15,000). If the gain cannot be ascertained, the fine ranges from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000).
Questions about this provision
Related provisions
- Article 309 — Penalties For Theft.
- Article 313 — Altering Boundaries Or Landmarks.
Penalty amounts. The text above is the article as amended by Republic Act No. 10951 (2017), which revised the property values and fines throughout this Code. Older reproductions of the Revised Penal Code still print the 1930 amounts — for theft and estafa they show 12,000 and 22,000 pesos where the current figures run to millions. Check which version any source you rely on is giving you.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.