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. (Art. 312, Revised Penal Code, as amended by RA 10951) 


What is the crime of occupation of real property or usurpation of real rights in real rights committed?

Occupation of real property or usurpation of real rights is committed by 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 (Art. 312, RPC; Castrodes v. Cubelo, G.R. No. L-47033. June 16, 1978)


Elements:

1. Accused occupied another's real property or usurped a real right belonging to another person; 

2. Violence or intimidation should be employed in possessing the real property or in usurping the real right; and

3. The accused should be animated by the intent to gain (Castrodes v. Cubelo, G.R. No. L-47033, June 16, 1978; People v. Quinao, G.R. No. 139603, July 14, 2000).


Real Property

Occupation of real property or usurpation of real rights is one of the crimes against property found under Title Ten, Book Two of the Revised Penal Code, and is committed in the same manner as the crime of robbery with violence against or intimidation of persons defined and penalized in Article 294 of the same Code. The main difference between these two (2) crimes is that the former involves real property or real rights in property, while the latter involves personal property. In short, Article 312 would have been denominated as robbery if the object taken is personal property (People v. Alfeche, G.R. No. 102070 July 23, 1992).


Belonging to Another

A lessor who forcibly entered and seized back the house he leased to the lessee by violence against or intimidation of the occupants of the house is not liable for occupation of real property since the element that the property belongs to another is not present. What the lessor committed is grave coercion.


Violence or Intimidation

● Occupation of real property or usurpation of real rights is committed in the same manner as the crime of robbery with violence against or intimidation of persons defined and penalized in Article 294 of the same Code. Accordingly, the phrase "by means of violence against or intimidation of persons" in Article 312 must be construed to refer to the same phrase used in Article 294 (People v. Alfeche, G.R. No. 102070 July 23, 1992).

● If no violence or intimidation was employed in possessing the real property, the crime of occupation of real property is not committed. The remedy of the owner or possessor is to file an ejectment case.


Penalty for occupation of real property

● Article 312 provides a single, albeit two-tiered, penalty consisting of
  1. A principal penalty incurred for the acts of violence executed AND
  2. An additional penalty based on the value of the gained obtained by the accused. (People v. Alfeche, G.R. No. 102070 July 23, 1992).

● Article 312 may also be considered as defining and penalizing the single, special and indivisible crime of occupation of real property or usurpation of real rights in property by means of violence against or intimidation of persons. It is likewise not a complex crime as defined under Article 48. (People v. Alfeche, G.R. No. 102070 July 23, 1992).

●  What Article 312 means then is that when the occupation of real property is committed by means of violence against or intimidation of persons, the accused may be prosecuted under an information for the violation thereof, and not for a separate crime involving violence or intimidation. But, whenever, appropriate, he may be sentenced to suffer the penalty for the acts of violence and to pay a fine based on the value of the gain obtained (People v. Alfeche, G.R. No. 102070 July 23, 1992).

● Thus, if by reason or on the occasion of such occupation or usurpation, the crime of homicide, or any of the physical injuries penalized in either subdivisions 1 or 2 of Article 263 is committed; or when the same shall have been accompanied by rape or intentional mutilation; or when, in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of Article 263; or when it is committed through intimidation or through the infliction of physical injuries not covered by subdivisions 1 to 4 of Article 263 of the Revised Penal Code, i.e., physical injuries penalized under Articles 265 and 266 of the Revised Penal Code, the accused may be convicted for the violation of Article 312. However, he shall be sentenced: (a) to suffer the penalty for homicide, rape, intentional mutilation and physical injuries provided under subdivisions 1 to 4 of Article 263, other physical injuries or for the intimidation, which may fall under Article 282 (Grave Threats) or Article 286 (Grave Coercion) of the Revised Penal Code, as the case may be, and (b) to pay a fine based on the value of the gain obtained by him (People v. Alfeche, G.R. No. 102070 July 23, 1992).


Example:

1. A and B forcibly evicted V from her land, threatening to kill V if she would resist. 

Crime committed: Occupation of real property. Threat committed is absorbed. (same as in coercion, slight or less serious physical injuries)
Penalty: Fine in addition to penalty for grave threat (or coercion, slight or less serious physical injuries)

2. A and B forcibly evicted V from her land, threatening to kill V if she would resist. V resisted and was killed.

Crime committed: Special complex crime of occupation of real property with homicide, not separate crimes of occupation of real property and homicide, or a complex crime of occupation of real property with homicide under Art. 48 of the RPC.
Penalty: Fine in addition to the penalty for homicide.