Continuation…Robbery

discussed by: Judge cesar pabel d. sulit

Press ENTER to start…
Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band,
or with the use of firearm on a street, road or alley. - If the offenses mentioned in
subdivisions three, four, and five of the next preceding article shall have been committed in
an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle
or airship, or by entering the passenger's compartments in a train or, in any manner, taking
the passengers thereof by surprise in the respective conveyances, or on a street, road,
highway, or alley, and the intimidation is made with the use of a firearm, the offender shall
be punished by the maximum period of the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the
band.
Question:
Is there such a thing called “robbery with homicide in band”?
Answer:
No! the crime is still special complex crime of robbery with homicide,
band shall be treated as ordinary aggravating.

see People vs Marquez L24373 nov28,1969 applying the ruling in People

vs Apduhan Jr.
G.R. No. L-24373-74 November 28, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
MANUEL MARQUEZ, TOMAS NAVASCA, ANDRES ALCONTIN, ROGELIO ALCONTIN and FLORENCIO
GERALDEZ, defendants-appellants.

In People vs. Apduhan, Jr.,3 we observed that "with the

present wording of article 295 [Revised Penal Code] there is
no such crime as 'robbery with homicide in band.' If robbery
with homicide is committed by a band the indictable offense
would still be denominated 'robbery with homicide' under
article 294 (1), but the element of band . . . would be
appreciated as an ordinary aggravating circumstance."
Article 296. Definition of a band and penalty incurred by the members thereof. -
When more than three armed malefactors take part in the commission of a
robbery, it shall be deemed to have been committed by a band. When any of the
arms used in the commission of the offense be an unlicensed firearm, the
penalty to be imposed upon all the malefactors shall be the maximum of the
corresponding penalty provided by law, without prejudice of the criminal liability
for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the

band, shall be punished as principal of any of the assaults committed by the
band, unless it be shown that he attempted to prevent the same.
Question:
What is a band?
Answer:
The “Beatles” is a band!

Note: Tito, Vic and Joey is NOT a band!

Question:
What will happen if the firearm used by the band is “unlicensed”?
Answer:
Penalty shall be imposed in its maximum!

Note: eh, papaano yung last part of the sentence “without prejudice of the
criminal liability for illegal possession of such unlicensed firearms”. Does
this mean that the Revised Penal Code had been deemed amended by
the Firearms Law(RA 10591)?

The phrase is still applicable in one instance(see green highlights of the next slide)
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a crime punishable under the
Revised Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is lower than that prescribed in the
preceding section for illegal possession of firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be imposed in addition to
the penalty for the crime punishable under the Revised Penal Code or other
special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime
of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as
an element of the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this
Act shall be considered as a distinct and separate offense.
Question:
Can a member of the band be exempt from any criminal liability?
Answer:
Yes! But under the following conditions:
1. He was present;
2. He attempted to prevent the same.

“Any member of a band who is present at the commission of

a robbery by the band, shall be punished as principal of any of
the assaults committed by the band, unless it be shown that he
attempted to prevent the same.”
Article 297. Attempted and frustrated robbery
committed under certain circumstances. - When by
reason or on occasion of an attempted or frustrated
robbery a homicide is committed, the person guilty
of such offenses shall be punished by reclusion
temporal in its maximum period to reclusion
perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of
this Code.
Question:
Is there such a thing called “attempted robbery with homicide”?
Answer:
Yes! See People vs Joseph Barra GR 198020 July10,2013
G.R. No. 198020 July 10, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs.
JOSEPH BARRA, Accused-Appellant.

“In the case before us, appellant’s intention was to extort

money from the victim. By reason of the victim’s refusal to
give up his personal property - his money - to appellant, the
victim was shot in the head, causing his death. We, however,
agree with the Court of Appeals that the element of taking
was not complete, making the crime one of attempted
robbery with homicide as opposed to the crime appellant
was convicted in the RTC. Appellant is, therefore, liable
under Article 297 of the Revised Penal Code, not under
Article 294 as originally held by the RTC.”

Note: not consummated robbery with homicide under Article294

Article 298. Execution of deeds by means of violence or intimidation. -
Any person who, with intent to defraud another, by means of
violence or intimidation, shall compel him to sign, execute or deliver
any public instrument or documents, shall be held guilty of robbery
and punished by the penalties respectively prescribed in this Chapter.
Question:
Why can we not consider this as simple robbery under Article 294 of
RPC?
Answer:
In robbery, the property taken should be “personal property”. In
article 298, the offender intended to deprive the victim not only of
personal but also of “real properties”.
Question:
Distinguish execution of deed VERSUS coercion?
Answer:
Execution of Deed VS coercion

With fraudulent intent no fraudulent intent

With intent to gain no intent to gain
Section Two. - Robbery by the use of force upon
things
Article 299. Robbery in an inhabited house or public building or edifice devoted to worship. - Any armed person
who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship,
shall be punished by reclusion temporal, if the value of the property taken shall exceed 250 pesos, and if:
(a) The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public authority.
Or if -
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or forced open outside the place of the robbery.
When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the penalty
next lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the value of the property taken does not
exceed 250 pesos.
When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos, they
shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies of an inhabited house, public building, or building
dedicated to religious worship, the penalties next lower in degree than those prescribed in this article shall
be imposed.
Question:
Distinguish robbery with force upon thing VERSUS theft? If the accused
entered the dwelling by passing through a door which was not
secured by a lock or bolt, is it robbery?
Answer:
No! see US vs Aronce 12phil291
[ GR No. 4782, Dec 19, 1908 ]
US v. EMILIANO ARONCE

“The abstraction of the said watch and chain, effected by the opening of the door of
the wardrobe containing them by means of the slight movement necessary to pull it open,
shows that the said wardrobe was not well secured by its lock, so that he did not make
noise enough to awake the woman; such an operation does not constitute the force that
characterizes robbery, inasmuch as it does not appear that the door of the wardrobe or its
lock was fractured, or opened by the use of a false key or picklock; therefore, the theft
does not fall within the provisions of the code on the subject of the crime of robbery, but
within the provisions of article 517 hereinbefore inserted defining the crime of theft,
because the thief obtained the stolen property without employing force or violence with
respect to the said wardrobe.”
Question:
He did not enter the building, he did not break any window. He just
inserted his hand to an open window to take away the watch.
Robbery or theft?
Answer:
Theft only! See People vs Adorno CA40OG567
Question:
It should be remembered that use of false key must be purposely
sought to enter only. If the accused entered the house without
breaking any door or window but once inside threaten and forcibly
took the real key from the owner which was used to open the trunk,
what crime is committed? Robbery by violence or intimidation OR
robbery by force upon thing?
Answer:
Robbery by violence or intimidation.

See People vs Fernandez 58phil675

Question:
If I took the cash register of 7/11 store without no one noticing it, but,
once outside the store, I opened the same using hammer and chisel,
is this theft or is this robbery?
Answer:
Robbery pa rin! It is Robbery by force upon thing pa rin if committed
under the following:

“2. By taking such furniture or objects to be broken or forced open

outside the place of the robbery.”
Question:
Same set of facts above, pero, once outside, I was not able to break
open the cash register because it was too tough to be opened. So, I
abandoned it. Can I still be charged of robbery or is this a crime of
simple theft?
Answer:
It is sufficient if the furniture or objects were taken away for that
purpose of breaking the same outside.
-Viada
Question:
Let’s talk about “dependencies”. Is your car garage be considered a
dependency?
Compare the two
Garage? Which is a
Dependency and which
Is not?
Answer:
No hard and fast answer for this!
But…
Generally No, unless it has a communication with the
house in connection with which it is used.
“If the robbery be committed in one of the dependencies of
an inhabited house, public building, or building dedicated to
religious worship, the penalties next lower in degree than those
prescribed in this article shall be imposed.”

See People vs Labide GR42303 Dec30,1934

Article 300. Robbery in an uninhabited place and by a band. - The
robbery mentioned in the next preceding article, if committed in an
uninhabited place and by a band, shall be punished by the maximum
period of the penalty provided therefor.

- AND-
Article 301. What is an inhabited house, public building or building dedicated to religious worship and their
dependencies. - Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more persons,
even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed
places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of
the whole, shall be deemed dependencies of an inhabited house, public building or building dedicated to religious
worship.

Orchards and other lands used for cultivation or production are not included in the terms of the next preceding
paragraph, even if closed, contiguous to the building and having direct connection therewith.

The term "public building" includes every building owned by the Government or belonging to a private person not
included used or rented by the Government, although temporarily unoccupied by the same.
Question:
What is “uninhabited” place?
Answer:
To answer this question, we must know what is “inhabited” place?
Under Article 301, it is a place for “dwelling”!

“Inhabited house means any shelter, ship or vessel constituting the

dwelling of one or more persons, even though the inhabitants thereof
shall temporarily be absent”
Question:
What is dwelling?
Answer:
A place to live. It is a place where one eats and sleeps!!!

dwelling
noun
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dwell·​ing | \ ˈdwe-liŋ \
Definition of dwelling
: a shelter (such as a house) in which people live

Source: Merriam-Webster online dictionary

Note:
So, to constitute as “uninhabited place”, it must mean that the same is
not being used for dwelling purposes.

See US vs Magsino 2phil710 –freight car in uninhabited house

People vs Jaranilla 55SCRA563-chicken coop is not a building
Question:
What if it is your “rest house” where you seldom go to. When the
same was forced open without you being physically there, is this
robbery in inhabited place?
Answer:
Yes! Robbery in inhabited place ito!

Basis: 1st paragraph of Article 301 of RPC

“Inhabited house means any shelter, ship or vessel constituting the
dwelling of one or more persons, even though the inhabitants thereof
shall temporarily be absent therefrom when the robbery is committed.”
Breaking the Padlock
Question:
What if you break the padlock only and NOT the door itself? Is this
robbery or is this theft?
Answer:
Two views:
1. In people vs Mesias 65phil267, the SC said it is robbery.

2. In People vs Puzon 48OG4878, the Court ruled that it is theft

only. Reason: the door was not broken but only the padlock
which is a detachable accessory gadget
Our verdict: it should be robbery! Although there is no breaking of
door but the door would have been useless without the
padlock

(see latest ruling declaring it as robbery is G.R. No. 181138 December 3, 2012RICKY "TOTSIE" MARQUEZ, ROY BERNARDO, and JOMER MAGALONG, Petitioners,
vs.
PEOPLE OF THE PHILIPPINES, Respondents.)
Article 303. Robbery of cereals, fruits, or firewood in an uninhabited
place or private building. - In the cases enumerated in Articles 299
and 302, when the robbery consists in the taking of cereals, fruits, or
firewood, the culprit shall suffer the penalty next lower in degree
than that prescribed in said articles.

Note: the severity of a crime even if it is a measely cereals, fruits or

firewood!
Article 304. Possession of picklocks or similar tools. - Any person
who shall without lawful cause have in his possession picklocks
or similar tools especially adopted to the commission of the
crime of robbery, shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person who shall
make such tools. If the offender be a locksmith, he shall suffer
the penalty of prision correccional in its medium and maximum
periods.

Article 305. False keys. - The term "false keys" shall be deemed
to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in
the lock forcibly opened by the offender.
False Key
Question:
Can you think of a person who has “lawful cause” to possess picklocks?
Answer:
I leave the answer to this question to your imagination!

“Any person who shall without lawful cause have in his possession
picklocks or similar tools especially adopted to the commission of the
crime of robbery, shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period.”
Question:
Can use of your credit card to open a locked door be considered as
false key?
Answer:
Yes! See Par#3 of Article 305

“3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender.”
Brigandage

Article 306 had been repealed by the Anti-Highway Robbery Law PD

532
 PRESIDENTIAL DECREE No. 532 August 8, 1974
ANTI-PIRACY
Section AND
3. Penalties. ANTI-HIGHWAY
Any person who commitsROBBERY LAW OF
piracy or highway 1974
robbery/brigandage as herein defined, shall,
upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical
injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion
perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy,
or when the offenders abandoned the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If
physical injuries or other crimes are committed during or on the occasion of the commission of robbery or
brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If
kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the
occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any
person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as
giving them information about the movement of police or other peace officers of the government, or
acquires or receives property taken by such pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or
brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance
with the Rules prescribed by the Revised Penal Code.
It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
Standby for next presentation…