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. sd d
Robbery in an inhabited house, public building or edifice devoted to religious worship is qualified when
committed by a band in an inhabited place
INHABITED HOUSE_ - any sheltr ship or vessel condtituting the dwelling of one or more
persons even though the inhabitants thereof are temporarily absent therefrom when robbery is
committed
DEPENDENCIES- of an inhabited house, public building or buildings dedicated to religious
workship .
THREE REQUISITES-
Musst have contagious building
Must have an interior entrance connected therewith
Nust form part of the whole
ART 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. chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual law library
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. chanrobles virtual la
ART 302- Robbery is an uninhabited place or in a private building. —
Any robbery committed in an uninhabited place or in a building other
than those mentioned in the first paragraph of Article 299, if the
value of the property taken exceeds 50.000 pesos, shall be punished
by prision correccional if any of the following circumstances is
present:
1. If the entrance has been effected through any opening not
intended for entrance or egress. chanrobles virtual law library
2. If any wall, roof, flour or outside door or window has been
broken. chanrobles virtual law library
3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools. chanrobles virtual law library
4. If any dorm, wardrobe, chest or by sealed or closed furniture or
receptacle has been broken. chanrobles virtual law library
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed even if the same to broken open
elsewhere. chanrobles virtual law library
When the value of the property takes does not exceed 250 pesos, the
penalty next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of
this Code, when the property taken is mail matter or large cattle, the
offender shall suffer the penalties next higher in degree than those
provided in said articles. chanrobles virtual law library
ELEMENTS
That the offender entered an uninhabited placve or building which was not
a dwelling house, not a public or not an edifice devoted to any religious
workship
The the following circumstances was present
a. The entrance was affected through an opening not intended for
entrance or egress
b. A wall roof or outside door or window was broken
c. Entrance was affected through the use of key picklocks or other tools
d. A door, wardrobe. Chect or any sealed or closed furniture or
receptacle was broken
e. A closed or sealed receptacle was removed even if the same be
broken elsewhere
That with intent to gain the offender took therefrom personal property
belonging to another
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.chanrobles virtual law libr
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. chanrobles virtual law library
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. chanrobles virtual law library
ELEMENTS- that the offender has in his possession PICKLOCKS or
similar tools
That such picklocks or similar tools specially adopted to the commission
of robbery
That the offender does not have lawful cause for such possession
305- The term "false keys" shall be deemed to include:
1. The tools mentioned in the next preceding articles. chanrobles virtual law library
2. Genuine keys stolen from the owner. chanrobles virtual law library
3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender. chanrobles virtual law library
BRIGANDAGE- crime committed by more than three armed men/persons who forms
a band of robbers for the purpose of committing robbery in the highway or
kidnapping persons for the purpose of extortion or to obtain ranson for any other
purpose to be attained by means of force and violence
306- Who are brigands; Penalty. — When more than three armed persons
form a band of robbers for the purpose of committing robbery in the
highway, or kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of force and
violence, they shall be deemed highway robbers or brigands.
Persons found guilty of this offense shall be punished by prision
mayor in its medium period to reclusion temporal in its minimum
period if the act or acts committed by them are not punishable by
higher penalties, in which case, they shall suffer such high
penalties. chanrobles virtual law library
If any of the arms carried by any of said persons be an unlicensed
firearms, it shall be presumed that said persons are highway robbers
or brigands, and in case of convictions the penalty shall be imposed
in the maximum period. chanrobles virtual law library
There is brigandage when
There be atleast 4 armed persons
They formed a band robbers
The purpose is any of the ff.
To commit robbery in the highway
To kidnap persons for the purpose of extortion or to obtain ransom
To attain by means of force and violence any other purpose
307- Aiding and abetting a band of brigands. — Any person
knowingly and in any manner aiding, abetting or protecting a band
of brigands as described in the next preceding article, or giving them
information of the movements of the police or other peace officers of
the Government (or of the forces of the United States Army), when
the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands shall be punished by
prision correccional in its medium period to prision mayor in its
minimum period. chanrobles virtual law library
It shall be presumed that the person performing any of the acts
provided in this article has performed them knowingly, unless the
contrary is proven. chanrobles virtual law library
ELEMENTS-
There is a band of brigands
That the offender knows the band of brigands
That the offender does any of the following acts:
He in any manner aids, abts, protects such band of brigands
He gives information of the movements of the police or other peace officers of the
government
He acquires or receives the property taken by such brigands.
THEFT- committed by any person who intent to gain but without violence against or
intimation of person nor force upon things shall take personal property of another
without the latter’s consent
308-Who are liable for theft. — Theft is committed by any person who, with
intent to gain but without violence against or intimidation of persons nor
force upon things, shall take personal property of another without the
latter's consent.
Those who having found lost property (b) fail to deliver the same to the local
authorities or to its owner.
Those who after having maliciously damaged the property of another (b)
remove or make use of the fruits or object of the damage caused
Those who enter an inclosed estate or a field where (b) trespass is forbidden
or which belongs to another and without the consent of its owner (c) hunt or
fish upon the same or gather fruits, cereals or other forest of farm products.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver
the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the
damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall gather
cereals, or other forest or farm products. chanrobles virtual law library
ELEMENTS of THIEF
There be taking of personal property
Said propert belong to anoter
Tha taking be done with intent to gain
Taking be done without the consent of its owner
Taking be accomplished without the use of violence against or intimation of persons
or upon things
