ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija

CRIMINOLOGY DEPARTMENT

CRIMINAL LAW BOOK TWO

2nd Semester A.Y. 2020-2021

MODULE

Learning Objectives:
At the end of the module 1, you should able to:
1. Understand the CRIMES AGAINST PROPERTY;
2. Memorize the elements of the CRIMES AGAINST PROPERTY

ARTICLE 293. WHO ARE GUILTY OF ROBBERY

ELEMENTS of robbery IN GENERAL:

1. That there be personal property belonging to another (bienes

muebles)

2. That there is unlawful taking of that property (apoderamiento

or asportacion)

3. That the taking must be with intent to gain; (animus lucrandi)

4. That there is violence against or intimidation of any person,

or force upon anything.

􀂃 Person from whom property was taken need not be the owner.
Legal possession is sufficient.

􀂃 General rule: The identity of the real owner is not essential

so long as the personal property taken does not belong to the
accused.

Exception: If the crime is robbery with homicide.

􀂃 The taking of personal property must be unlawful in order to

constitute robbery. If the property is in the possession of the
offender because it was given to him in trust by the owner, the
crime is estafa.

If taking was lawful, then misappropriated after possession􀃆

crime may be malversation, (estafa)

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􀂃 As to robbery w/ violence or intimidation, from the moment the
offender gains possession of the thing even if offender has had
no opportunity to dispose of the same, the unlawful taking is
complete.

􀂃 As to robbery w/ force upon things, thing must be taken out of

the building in order to consummate robbery.

􀂃 Intent to gain is presumed from unlawful taking of personal

property.

􀂃 The unlawful taking must not be under the claim of title or

ownership.

􀂃 When there is no intent to gain but there is violence in the

taking, the crime is grave coercion.

􀂃 The violence or intimidation must be committed against the

person of the offended party, not upon the thing taken.

General rule: Violence or intimidation must be present

before the “taking” is complete.

Exception: When violence results in homicide, rape,

intentional mutilation or any of the serious physical injuries in
paragraphs 1 and 2 of Art. 263 (Serious Physical injuries), the
taking of the property is robbery complexed w/ any of these
crimes under Art. 294, even if the taking is already complete
when violence was used by the offender.

􀂃 Use of force upon things is entrance to the building by means

described in Arts. 299 and 302.

􀂃 When both violence or intimidation and force upon things concur

in committing the crime, it is robbery w/ violence against
persons.

􀂃 If not personal property but real property or rights crime may

be usurpation.

􀂃 Theft, not robbery, where accused cut with bolo the strings
tying opening of a sack and then took the palay.

􀂃 RA 6539 is applicable when property taken in robbery is a motor

vehicle (Carnapping: taking with intent to gain of motor vehicle
belonging to another without the latter’s consent, or by means of

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violence against or intimidation of persons or by using force
upon things; Unqualified -14years and 8 months to 17 years and 4
months; violence/force upon things -17 years and 4 months to 30
years; occupant killed or raped – reclusion perpetua to death)

ARTICLE 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSONS

ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSONS:

1. When by reason or on occasion of the robbery, homicide is

committed;

2. When the robbery is accompanied w/ rape or intentional

mutilation or arson;

3. When by reason or on occasion of robbery, any of the physical

injuries resulting in insanity, imbecility, impotency, or
blindness is inflicted;

4. When by reason of or on occasion of the robbery, serious

physical injuries resulting in the loss of the use of speech, or
the power to hear or to smell, or the loss of an eye, hand, foot,
arm, leg, or the loss of the use of any such member or incapacity
for work in w/c victim is habitually engaged is inflicted;

5. If the violence / intimidation employed in committing the

robbery shall have been carried to a degree clearly unnecessary
for the crime;

6. When in the course of its execution, offender inflicts upon

any person not responsible for the commission of robbery any of
the physical injuries resulting to deformity, loss of any part
of the body or the use thereof, or illness or incapacity for the
performance of the work for > 90 days or > 30 days;

7. If the violence employed does not cause any serious physical

injuries defined in Art. 263, or if offender employs intimidation
only.

SPECIAL COMPLEX CRIMES WITH SPECIFIC PENALTIES PRESCRIBED:

1. Robbery with homicide is committed if original design is

robbery and homicide was committed although homicide precedes the
robbery by an appreciable time. If original design is not robbery

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but robbery was committed after homicide as an afterthought,
offender committed two (2) separate offenses of robbery and
homicide. The crime is still robbery with homicide if the person
killed was an innocent bystander and not the person robbed and
even if the death supervened by mere accident.

2. In robbery with rape, the intent to commit robbery must

precede rape. Prosecution of the crime need not be by the
offended party and the fiscal can sign the information. When rape
and homicide co-exist in a robbery, rape should be considered as
aggravating only and the crime is still robbery with homicide.

3. Robbery with intimidation is committed when the acts done by

the accused, by their own nature or by reason of the
circumstances, inspire fear in the person against whom the acts
are directed.

ARTICLE 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN

UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON
THE STREET, ROAD, OR ALLEY QUALIFYING CIRCUMSTANCES IN ROBBERY
WITH VIOLENCE OR INTIMIDATION OF PERSONS:

If any of the offenses defined in subdivisions 3, 4 and 5 of Art.

294 is committed –

1. in an uninhabited place, or

2. by a band, or

3. by attacking a moving train, street car, motor vehicle or

airship, or

4. by entering the passenger’s compartments in a train, or in any

manner taking the passengers thereof by surprise in the
respective conveyances, or

5. on a street, road, highway or alley and the intimidation is

made with the use of firearms.

􀂃 The qualifying circumstances of robbery with violence or

intimidation must be alleged in the information and proved during
the trial.

􀂃 Being qualifying circumstances, they cannot be offset by

generic mitigating circumstances.

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􀂃 This article will not apply to the special complex crimes of
robbery w/ homicide, w/rape, or w/ serious physical injuries
under paragraph 1 of Art. 263.

ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS

THEREOF.

When at least four armed malefactors take part in the commission

of a robbery, it is deemed committed by a band.

Requisites for liability for the acts of the other members of the
band:

1. That the accused was a member of the band;

2. That he was present at the commission of a robbery by that

band;

3. That the other members of the band committed an assault; and

4. That he did not attempt to prevent the assault.

􀂃 Conspiracy is presumed when 4 or more armed persons committed

robbery.

􀂃 In robbery committed by a band, all are liable for any assault

committed by the band, unless the others attempted to prevent the
assault.

ARTICLE 297. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE

􀂃 Same penalty, whether robbery is attempted or frustrated, as

long is homicide is committed by reason or on occasion thereof.

􀂃 Where the offense is attempted or frustrated robbery with

serious physical injuries, Art. 48 (complex crimes) is
applicable.

ARTICLE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR

INTIMIDATION

ELEMENTS:

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1. That the offender has intent to defraud another;

2. That the offender compels him to sign, execute, or deliver any

public instrument or document; and

3. That the compulsion is by means of violence or intimidation.

􀂃 This article is not applicable if the document is

void.

􀂃 Applies even if document signed, executed or

delivered is a private or commercial document.

ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR

EDIFICE

DEVOTED TO WORSHIP.

ELEMENTS of robbery with force upon things

under subdivision (a):

1. That the offender entered (a) an inhabited house, or (b)

public building, or (c) edifice devoted to religious worship;

2. That the entrance was effected by any of the following means:

a. Through an opening not intended for entrance or egress,

b. By breaking any wall, roof, or floor or breaking any door

or window,

c. By using false keys, picklocks or similar tools, or

d. By using any fictitious name or pretending the exercise

of public authority; and
3. That once inside the building, the offender took personal
property belonging to another with intent to gain.

􀂃 Inhabited house is any shelter, ship or vessel constituting the

dwelling of one or more person even though temporarily absent
therefrom when robbery is committed. It includes dependencies,
courts, corals, barns, etc. It does not include orchards and
lands for cultivation.

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􀂃 In robbery by use of force upon things, it is necessary that
offender enters the building or where object may be found. When
there was no entry, no robbery was committed.

􀂃 Whole body must be inside the house, public building or place

devoted to worship to constitute entering.

􀂃 In entering the building, the offender must have an intention

to take personal property (People vs. Tayag).

􀂃 Public building includes every building owned, rented or used

by the government although owned by private persons or
temporarily vacant.

􀂃 Passing through an open door but getting out of a window is not

robbery but theft.

􀂃 To constitute robbery, the outside door must be broken or

smashed. If the lock was merely removed or door was merely
pushed, crime is only theft.

􀂃 False keys are genuine keys stolen from the owner or any keys
other than those intended by the owner for use in the lock w/c
was forcibly opened by the offender.

􀂃 Picklocks are those specially adopted for commission of the

robbery.

􀂃 The key must have been stolen not by force. Otherwise, it’s
robbery by violence and intimidation against persons.

False key must have been used in opening house and not any
furniture inside. Otherwise, the crime is only theft.

General Rule: If false key/picklock was used to open an

inside door (Ex. door of a room) and offender took personal
property, the crime is only theft.

Exception: If the room is a separate dwelling

place, crime is robbery.

􀂃 The use of fictitious name or the act of pretending to exercise

authority must be committed for the purpose of entering the
building.

ELEMENTS of robbery with force upon things under subdivision (b):

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1. That the offender is inside a dwelling house, public building,
or edifice devoted to religious worship, regardless of the
circumstances under which he entered it; and

2. That the offender takes personal property belonging to another

with intent to gain, under any of the following circumstances:

a. by the breaking of doors, wardrobes, chests, or any other

kind of locked or sealed furniture or receptacle, or

b. by taking such furniture or objects away to be broken or

forced open outside the place of the robbery.

􀂃 It is not necessary that entrance was made through any of the

means mentioned in subdivision (a).

􀂃 Offender may be servants or guests.

􀂃 Destruction of keyhole of cabinet is robbery under this

subsection.

􀂃 When sealed box is taken out for the purpose of breaking it,
crime is already consummated robbery. There is no need to
actually open it inside the building from where it was taken.

􀂃 But if the box was confided into the custody of accused and he
takes the money contained therein, the crime is estafa.

􀂃 The crime is theft if the box was found outside of the building
and the accused forced it open.

Mitigating circumstance:
1. Offenders do not carry arms and the value of the property
taken exceeds 250 pesos.

2. Offenders are armed, but the value does not exceed 250 pesos.
3. Offenders do not carry arms and the value does not exceed 250
pesos 􀃆 penalty of a) or b) in minimum period.

4. Committed in dependencies

ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

􀂃 Robbery in an inhabited house, public building or edifice

devoted to religious worship is qualified when committed by a
band and in an uninhabited place.

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 ARTICLE 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR
BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES

􀂃 Dependencies of an inhabited house, public building or building

dedicated to religious worship are all interior courts, corrals,
warehouses, granaries or enclosed places:

1. contiguous to the building, having an interior entrance

connected therewith, and

2. forming part of the whole.

􀂃 A garage, in order to be considered as a dependency of a house,

must have the three (3) foregoing requirements.

ARTICLE 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE

BUILDING.

ELEMENTS:

1. That the offender entered an uninhabited place or a building

which was not a dwelling house, not a public building, or not an
edifice devoted to religious worship;

2. That any of the following circumstances was present:

a. That entrance was effected through an opening not intended for

entrance or egress,

b. A wall, roof, floor, or outside door or window was broken,

c. The entrance was effected through the use of false keys,

picklocks or other similar tools,

d. A door, wardrobe, chest, or any sealed or closed furniture or

receptacle was broken; or

e. A closed or sealed receptacle was removed, even if the same be

broken open elsewhere; and

3. That with intent to gain, the offender took therefrom personal

property belonging to another.

􀂃 This article covers the second kind of robbery with force upon
things.

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Uninhabited place under this article is an uninhabited building
w/c is not a dwelling house, public building, or edifice for
worship.

Ex. warehouse, freight car, store.

􀂃 Robbery under this article is committed in the same manner as

in Art. 299 (Robbery in inhabited house, public building, and
edifice devoted to religious worship) except that what was
entered into was an uninhabited place or a bldg. other than the 3
mentioned in Art. 299. The use of fictitious name or pretending
the exercise of public authority is not also included in this
article.

􀂃 The breaking of padlock but not of the door is only theft.

ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN

UNINHABITED PLACE OR PRIVATE BUILDING

􀂃 When the robbery described in Arts. 299 and 302 consists in the
taking of cereals, fruits, or firewood, the penalty is one degree
lower.

ARTICLE 304. ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

ELEMENTS:

1. That the offender has in his possession picklocks or similar

tools;

2. That such picklocks or similar tools are specially adopted to

the commission of robbery; and

3. That the offender does not have lawful cause for such
possession.

􀂃 Actual use of the picklocks or similar tools is not

necessary.

ARTICLE 305. FALSE KEYS.

FALSE KEYS include:

1. picklocks or similar tools,

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2. genuine keys stolen from the owner; and

3. any key other than those intended by owner for use in the lock
forcibly opened by the offender.

􀂃 Possession of false keys in paragraphs (b) and (c) above is not

punishable.

􀂃 If the key was entrusted to the offender and he used it to

steal, crime is not robbery but theft.

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT

ACTIVITY NO. 1

NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________

INSTRUCTION. Answer the following questions based on the

foregoing written lecture. Write your answers in a separate sheet
of paper.

1. Enumerate and give an example of the different types of

ROBBERY.

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