TITLE 10 Flashcards
Is the possession of false key punishable by the RPC?
It depends upon the kind of false key found in the possession of the accused.
If the false key found in his possession is a genuine key stolen from the owner, or any key other than that intended by the owner for use in the lock of the door of his house, the possession of the same is not punished by law.
But if the accused is found in possession of picklock or a similar tool specifically adopted to the comission of robbery, he is criminally liable for possessing the same.
What are false keys?
The tools mentioned in the next preceding article (picklocks or similar tools specially adopted to the commission robbery)
Genuine keys stolen from the owner
Any keys other than those intended by the owner
QUALIFIED ROBBERY
- In an Uninhabited place (despoblado);
- By a Band (en cuadri//a);
- By Attacking a moving train, streetcar, motor vehicle, or airship;
- By Entering the passengers compartments in a train, or in any manner taking the passengers by surprise in their respective conveyances; or
- On a street, road, high/tray, or alley, and the intimidation is made with use of Firearm
Where do these apply?
This does NOT apply to robbery w rape, homicide and SPI (par 1. 263).
Applies to:
a. Becomes deformed;
b. Loses any other member of his body;
c. Loses the use thereof;
d. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, or more than 30 days but less than 90 days
DEFINITION OF A BAND
When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band.
Can members of a band who did not do the actual robbery be held liable?
YES, if he was present and did not do anything else to stop it.
Is there robbery w/ homicide in a band?
No, it would still be robbery with homicide.
What is the SPECIAL COMPLEX CRIME OF ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE?
When by reason or on occasion of an attempted or frustrated robbery, a homicide is committed.
Is homicide under attempted/frustrated robbery used in its generic sense?
Yes, but if the killing legally constituted murder or parricide, the offense will continue to be covered by Art. 297. The penalty shall be for murder or parricide.
If homicide is not consummated, the crimes of robbery and attempted or frustrated homicide will be…
May be complexed (Art. 48);
Considered as separate crimes; or
Considered as one crime, One absorbing the other.
IF PHYSICAL INJURIES WERE INFLICTED ON THE VICTIM, BUT NO INTENT TO KILL WAS PROVED AND THE VICTIM DID NOT DIE
If the PI was by reason of the attempted or frustrated robbery as the means for the commission of the robbery = PI absorbed in A/F robbery.
PI inflicted on the occasion of the ABORTED robbery but not as a means = separate crimes.
Killing + PI were committed on that occasion of robbery it will be 297 but PI is absorbed.
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
With intent to defraud, the accused compels another to sign any document by means of violence and intimidation.
ROBBERY IN AN INHABITED HOUSE/PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP - Elements
The offender Entered:
an inhabited house;
a public building; or
an edifice devoted to religious worship
The entrance was effected by any of the following means:
Through an opening not intended for entrance or egress;
By breaking any wall, roof, floor, door, or window;
By using false keys, pick locks Or Similar Tools; or (Constructive force)
By using any fictitious name or pretending the exercise of public authority.
That once inside the building, the offender took personal property belonging to another with intent to gain.
T or F: The accused does not need to enter the building.
NO, the accused NEEDS to enter.
What part of the body needs to be inside?
Whole body
Can the offender break the doors, etc. to get out?
No, it must be to enter.
Can the broken wall be inside the house?
The wall broken must be an Outside wall, not a wall between rooms in a house or building, because the breaking of a wall must be for the purpose of entering.
REMEMBER: But if a room is occupied by a person as his separate dwelling, the breaking of the room’s wall may give rise to robbery
What is the requirement for the genuine key to be considered robbery w/ force upon things?
The genuine key must be stolen, not taken by force or with intimidation from the owner otherwise the crime may be of robbery with intimidation of person.
Other elements of ROBBERY IN AN INHABITED HOUSE/PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP
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
The offender takes personal property belonging to another with intent to Gain under any of the following circumstances:
By the Breaking of internal doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or
By Taking such furniture or objects away to be broken open outside the place of the robbery
What do doors under these elements mean?
“Doors, lids or opening sheets” of furniture or other portable receptacles — not inside doors of house or building.
When is it theft and when is it estafa (in relation to sealed receptacles)?
It is theft if the locked or sealed receptacle is found outside and forced open; it is estafa if the box is in the custody of the accused
Is entrance into the building thru any of the means in 299 required?
No
REMEMBER: 294 (R against persons) is only applicable when the offender does not enter an inhabited house.
Ok
What is the qualifying circumstances of robbery w force upon things?
When committed in an uninhabited place AND by a band.
UNINHABITED PLACE
An uninhabited place is one where there are no houses at all, a place at a considerable distance from the town, or where the houses are scattered at a great distance from each other
In an inhabited house, can the inhabitants be absent temporarily?
Yes
