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12. Use of force upon things – entrance to the building by means described in arts 299 and 302
(offender must enter)
13. When both violence or intimidation and force upon things concur – it is robbery with violence
Robbery with
violence Grave threats Grave coercion
Robbery Bribery
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or
blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or
when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the
use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days;
> 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1. special complex crimes (specific penalties prescribed)
1. robbery with homicide – if original design is robbery and homicide is committed –
robbery with homicide even though homicide precedes the robbery by an appreciable
time. If original design is not robbery but robbery was committed after homicide as an
afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed and if death supervened by mere
accident.
2. robbery with rape – intent to commit robbery must precede rape. Prosecution of the
crime need not be by offended party – fiscal can sign the information. When rape and
homicide co-exist, rape should be considered as aggravating only and the crime is still
robbery with homicide
3. robbery with intimidation – acts done by the accused which by their own nature or by
reason of the circumstances inspire fear in the person against whom they are directed
4. 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 offender shall be punished by the max period of the proper penalties
prescribed in art 294
B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263
C. ROBBERY BY A band: (296)
notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
3. Conspiracy to commit robbery with homicide – even if less than 4 armed men
4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof –
all members of the band are liable for robbery with homicide
5. Conspiracy is presumed when 4 or more armed persons committed robbery
6. Unless the others attempted to prevent the assault – guilty of robbery by band only
1. he was a member of the band
2. he was present at the commission of a robbery by that band
3. other members of the band committed an assault
4. he did not attempt to prevent the assault
D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious physical injuries –
article 48 is applicable
10. Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely
pushed
11. False keys – genuine keys stolen from the owner or any keys other than those intended by the
owner for use in the lock
13. Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons
14. False key – used in opening house and not furniture inside, otherwise, theft (for latter to be
robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Purpose:
a. Robbery in highway
1. b. Kidnapping for extortion or ransom.
1. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
1. if members of lawless band and possession of unlicensed firearms (any of them)
2. possession of any kind of arms (not just firearm)
III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
Persons liable:
1. Those who
b) but without violence against or intimidation of persons not force upon things
c) take
e) of another
1. Those who
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for himself
1. Those who
b) trespass is forbidden or which belongs to another and, without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products
Notes:
1. Theft is consummated when offender is able to place the thing taken under his control and in
such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the
control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of
the things). Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft though use was temporary
4. Reyes says: there must be some character of permanency in depriving owner of the use of the
object and making himself the owner, therefore must exclude “joyride”
5. Theft: if after custody (only material possession) of object was given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) – not theft (though later found to be
untrue. If in bad faith – theft)
10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride)
IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY: (312)
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.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same.
2. That the offender alters said boundary marks.
V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
c. thing delivered has not been fully or partially paid for – not estafa
Offenders are entrusted with funds or offenders are entrusted with funds or
property and are continuing offenses property and are continuing offenses
Offender: private individual, or public officer Offender: public officer accountable for
not accountable public funds
dishonored for the same reason had not the drawee, without any valid reason, ordered the bank
to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and
insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws
and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001