Finals Review Deck 2 [Random Crimes]

Question 1

What are the elements of qualified trespass to dwelling?

State qualifying circumstances.

Answer 1

“Elements of trespass to dwelling (Art. 280):

1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s will.

Qualifying circustance: violence or intimidation. “

Question 2

What are the exceptions to the crime of qualified trespass to dwelling?

Answer 2

The provisions of this article (Art. 280) shall not be applicable to any person who shall enter another’s dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open.

Question 3

What are the elements of other forms of trespass?

Answer 3

“Elements of other forms of trespass (Art. 281):

1. That the offender enters the closed premises or the fenced estate of another;
2. That the entrance is made while either of them is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the permission of the owner or the caretaker thereof. “

Question 4

What is the definition of a dwelling?

Answer 4

A dwelling place, as used in Art 280, means any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to business, offices, etc.

Question 5

What are the overt acts punished under the crime of abandonment of persons in danger and abandonment of one’s victim?

Answer 5

“The acts punishable under Art. 275 Abandonment of persons in danger and abandonment of one’s own victim:

1. Failing to render assistance to any person whom he shall find in an uninhatbited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.
2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured;
3. Failing to deliver a child, under seven years of age whom the offender has found abandoned, to the authorities or his family, or by failing to take him to a safe place.”

Question 6

How is the crime of robbery in an inhabited house or public building or edifice devoted to worship (Art. 299) committed?

Answer 6

“Art. 299 Robbery in an inhabited house or public building or edifice devoted to worship is committed by:

1. An armed person commits robbery in an inhabited house or public building or edivice devoted to religius worship;
2. The offenders enter the house or public building in any of the following means:
   a. Through an opening not intended for entrance or egress;
   b. Breaking any wall, roof, or or floor, or breaking any door or window;
   c. Using false keys, picklocks, or similar tools;
   d. Using a fictitious name or pretending the exercise of public authority;

OR

3. if the robbery is committed by:
   a. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
   b. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.

*The crime can also be committed without firearms, but the penalty shall be two degrees lower.”

Question 7

What is the definition of an inhabited place?

Answer 7

Under Art. 301: An 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.

Question 8

What are dependencies of an inhabited house, public building, or building dedicated to religious worship?

Answer 8

“Under Art. 301, a dependency is any inclosed place contiguous to the building or edifice, having an interior entrance connected therewith and which form part of the whole.

Orchards and other lands used for cultivation or production are not considered as dependencies”

Three requisites:

(1) Must be contiguous to the building;
(2) Must have an interior entrance connected therewith;
(3) Must form part of the whole.

Question 9

What is the definition of a public building?

Answer 9

Under Art. 301, a public building includes every building owned by Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

Question 10

What is a band?

Answer 10

Under Art. 14 of the RPC, Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

Question 11

Who are brigands?

Answer 11

Under Art. 306, Who are brigands.– 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.

Question 12

What are the elements of unlawful arrest Art. 269?

Answer 12

“Elements of unlawful arrest (Art. 269):

1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper authorities;
3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor. “

Question 13

What is the difference between qualified trespass to dwelling and other forms of trespass?

Answer 13

“The differences are:

1. Trespass to dwelling : private person | other forms : any person;
2. Trespass to dwelling : enters a dwelling house | other forms : closed premises or fenced estate;
3. Trespass to dwelling : inhabited | other forms : uninhabited;
4. Trespass to dwelling : entering the dwelling against the will of the owner | other forms : entering closed or fenced premises or estate without permission;
5. Trespass to dwelling : express or implied prohibition | other forms : prohibition to enter must be manifest. “

Question 14

Elements of Grave threats (Art. 282)

Answer 14

“Elements of Grave threats (Art. 282):

1. That the offender threatens another;
2. That the threat is of any wrong amounting to a crime;
3. That the threat is directed to the person, honor, or property of the offended party or of his family.

A. If he makes the threat for the purpose of demand money or any other condition, and he attains his purpose = penalty next lower in degree of crime threatened;
B. If he does not attain his purpose = penalty two degrees lower than crime threatened to be committed;
C. If threat was made in writing or through a middle man = penalty in its maximum period;
D. If threat was not made subject to a condition = penalty of arresto mayor.”

Question 15

Elements of Light threats (Art. 283)

Answer 15

“Elements of Light threats (Art. 283):

1. That the offender makes a threat to commit a wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other condition is imposed even though not unlawful;
4. That the offender has attained his purpose or, that he has not attained his purpose.”

Question 16

Elements of Other light threats (Art. 285)

Answer 16

“Elements of other light threats (Art. 285):
A. First mode: threatening with or drawing a weapon in a quarrel:
1. That the offender is any person who threatens another weapon; or draws the weapon in a quarrel;
2. That the the threat or drawing of weapon was not made in lawful self-defense;

B. Second mode: orally threatening another with a harm not amounting to a CRIME:

1. That the offender is any person who orally threatens another with a harm;
2. That the harm does not constitute a CRIME;
3. That the threat was made in the heat of anger;
4. That the subsequent acts of the offender show that he does not wish to carry out his threat;
5. That the threats do not fall under Art. 282.

C. Third mode: orally threatening another with a harm not constituting a FELONY:

1. That the offender is any person who orally threatens another with a harm;
2. That the harm does not constitute a FELONY;”

Question 17

Elements of Grave, coercions (Art. 286)

Answer 17

“Elements of Grave coercions (Art. 286):

1. That the the offender either prevents another from doing something not prohibited by law; or that he compels another to do something against his will, be it right or wrong;
2. That the prevention or compulsion is done with violence, threat, or intimidation; or
3. That the offender had no authority of law or no right to prevent or compel another.”

Question 18

Elements of Light coercions (Art. 287)

Answer 18

“Elements of Light coercions (Art. 287):

1. That the offender must be a creditor;
2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the payment of the debt. “

Question 19

Elements of Other similar coercions (Art. 288)

Answer 19

“Elements of Other similar coercions (Art. 288):
A. First mode: Forcing or compelling laborers to pruchase products:
1. Offender is any person, agent or officer of any association or corporation;
2. Offender or hihs firm or corp. has employed laborers or employees;
3. Offender forces or compels (directly or indirectly), or KNOWINGLY PERMITS to be forced or compelled, any of his laborers or employees to pruchase goods of any kind from him or from said firm or corp.

B. Second mode: Paying wages in tokens:

1. The offender pays wages due a laborer or employee employed by him by means of tokens or objects;
2. Those tokens or objects are other than the legal tender currency of the Philippines;
3. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. “

Question 20

What are the differences among the three forms of coercions (Art. 286, 287, 288)?

Answer 20

“Art 286 Grave Coercions = FVTI; compel another to do something; prevent another to do something not prohibited by law;

Art. 287 Light Coercion = Violence; takes anything from debtor to apply to debt; other coercions (not falling in Art. 286 or 287); unjust vexation;

Art. 288 Other Similar Coercions = Employer forces (or allows it to happen) employees to buy goods of company; Paying wages by tokens”

Question 21

Who are guilty of robbery?

Answer 21

Art. 293. Who are guilty of robbery– Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery.

Question 22

What are the acts punished under Robbery with violence against or intimidation of persons?

Answer 22

“The acts punished under Robbery with violence against or intimidation of persons are robbery attended with:
1. homicide committed (by reason of or on occasion of the robbery), or accompanied by rape, intentional mutilation, or arson;
2. physical injuries (Art. 263 subd 1) inflicted which caused victim to be insane, imbecile, impotent, or blind;
3. physical injuries (Art. 263 subd 2) loss of speech, loss of hearing, loss of smell, loss of an eye, an arm, foot, hand, leg, or lost the use of any such member, or incapacitated to work in a work he was habitually employed in;
4. violence or intimidation is clearly unnecessary for the commission of the crime; or
4-a. offender has inflicted upon any person not responsible for the crime (not member of the band or co-principal, or accomplice, or accessory) any physical injuries under Art. 263 subd 3 and 4 – lost any part of his body, lost the use of such part, become ill, or incapacitated to work for a period more than 90 days;
4-b physical injuries have caused illness or injury incapacitating to work for more than 30 days”

Question 23

What are the elements of theft?

Answer 23

“Elements of theft (Art. 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. “

Question 24

Under Art. 308, Who are liable for theft?

Answer 24

“Art. 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.

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 removed or make use of the fruits or objects of the damage caused by him; and
3. Any person who shall enter an enclosed 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 fruits, cereals, or other forest or farm products.”

Question 25

What is the difference between theft and robbery?

Answer 25

Under theft, the offender does not use violence or intimidation or does not enter a house or building through any of the means specified in Art 299 or Art 302 in taking personal property of another with intent to gain.

Question 26

What are the circumstances which qualify the crime of theft under Art 308?

Answer 26

Art. 310 Qualified theft – The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next preceding articles, if committed by a domestic servant or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

Question 27

When will persons be presumed as highway robbers or brigands?

Answer 27

Persons shall be presumed as brigands when they are more than three armed persons and any of them carries an unlicensed firearms (Art. 306).

Question 28

Distinguish robbery in band from brigandage?

Answer 28

“In brigandage, the purpose of the offenders is any of the following: (1) commit robbery in the highway; (2) kidnap persons for extortion or ransom; (3) any other purpose to be attained by means of force and violence. The mere formation of a band for the aforementioned purposes is sufficient to cause conviction.

In robbery in band, the purpose of the offender is to commit robbery, not necessarily in the highway. It must be proven that the band committed robbery. “

Question 29

Differentiate theft from estafa.

Answer 29

In theft, the offender does not have juridical possession of the property, while in estafa, the offender has juridical possession of the property.