281 Other forms of trespass(trespass to prop)

Elements

- Offender enters the closed premises or fenced estate

o Premises-locality is fixed
- Uninhabited
- Prohibition to enter be manifest
- Trespasser has not secured the permission of the owner or the caretaker

282 Grave threats

3 ACTS

- Threatening another w/ the infliction(act done must be WRONG) upon his person, honor or
prop
o His family of any wrong amounting to a crime and
o Demanding money or imposing any other condition
 There is a demand for money
o Even though unlawful
o Offender attained his purpose
- Making such threat w/o offender attaining his purpose
- Threat not being subj to a condition
o Deliberate purpose of creating in the mind of the person threatened the belief that the
threats will be carried into effect
o Penalty fiexed arresto mayor

Penalty

- Attained his purpose->one degree lower of the penalty

- Does not-2 degrees lower

QC

- In writing or middleman

Essence-intimidation; promise of some future harm or injury->person, honor, prop

Consummated-threat comes to the knowledge of the person threatened

Robbery w/ intimidation-delivery of the money or other personal property

283 Light Threats

Elements

- Makes a threat to commit a wrong

- Wrong does not constitute a crime
- Demand for money or other condition is imposed even though not unlawful
- Offender has attained his purpose or has not attained his purpose
Diff w/ grave threats-WRONG threatened to be committed does not constitute a crime

Applicable-threat directed to a person who is absent

284 Bond for good behavior

- Threatens another under the circumstances mentioned in 282-283

- Applicable only to grave and light threats
- Fail to give bail sentenced to destierro
- May also be required-additional penalty

285 Other Light threats

Acts

- Threatening w/ a weapon or drawing such weapon in a quarrel UNLESS in lawful self defense
- Orally threatening anoter in the heat of anger w/ some harm constituting a crime; w/o
persisting in the idea involved in his threat
- Orally threatening to do another any harm not constituting a felony

NA

- No demand for money

- Nor condition

Ex:joke lng

286 Grave coercions

2 ways

- Preventing another, by means of violence, threats or intimidation from doing something not
prohibited by law(execution must not be prohibited by law)
- Elements
o Prevented another from doing something not prohited by law or compelled to do
something against his will, right or wrong
o Prevention be effected by violence, threat, or intimidation
o The restraint shall not be made under authority of law or in the exercise of any lawful
right
 w/o authority of law
- Compelling another, by means of violence, threats or intimidation(would bump the car even if
we would both die), to do something against his will, whether it be right or wrong

Grave coercion-act of preventing by force must be made doing or about to do

Unjust vexation-already done when violence exerted

Surrounding complainant in a notoriously threatening attitude is sufficient

Force or violence-must be immediate, actual or imminent

NA-acts in GF
Purpose-no person may take the law into his hands, and that our govt is one of law, not of men

Ex:forcibly ejecting an occupant from the land or forcibly invading

Consummated-even if the offended party did not accede to the purpose of the coercion

Coercion-was compelled against her will Illegal detention-actual confinement or restraint

in the person

287 Light Coercions

Element

- Creditor
- Seizes anything belonging to his debtor
- Seizure of the thing be accomplished by means of violence or material force producing
intimidation
o Physical violence need not be mployed; sufficient that the attitude is notoriously
menacing
- Purpose-payment of the debt

NA- if holds it merely for security

Unjust vexation-taking possession of the thing belonging sa debtor thru deceit and misrepresentation

Unjust vexation-other light coercion

- Any human conduct although not productive of some physical or material harm
- But annoy or vex an innocent person
- Caused annoyance, irritation, vexation, torment, distress or disturbance to the mind
- Kissing a girl w/o lasciviousness
- No violence or intimidation
Grave coercion - Unjust vexation
Use of violence in preventing or compelling - absence
him to do something against his will
288 Other similar coercions

2 Acts

- any person, agent or officer of any assoc or corp

- employed laborers or employees
- forces or compels any of his laborers or es to purchase merchandise or commodities from or
from firm or corp

Element no 2

- pays the wsages due sa er or es by means of tokens or objects

- these are other than the legal tender currency of the phil
- er-es does not espressly request that he be paid by means of tokens or objects
gr: wages paid in legal tender; other forms expressly prohibited

289 Formation, maintenance and prohibition of combination of capital or labor thru violence or
threats

Elements

- offender employs threats or violence in a degree as to compel or force the laborers or employer
in the free and legal exercise of their industry or work
- purpose: organize, maintain or prevent coalitions of capital or labor, strikes of laborers or
lockout of employees

the act should not be a more serious crime

Peaceful picketing-freedom of speech not prohibited

Punished under labor code-preventing employee from joining any registered labor org

290 Discovering secrets thru seizure of correspondence

Elements

- priv indv or PO not in the exercise of his function

- seizes the papers or letters of another
- purpose discover the secrets of another person
- offender informed of the contents of the papers or letters seized(to place in the control of
someone a thing)

Consummated-even for a short time only

QC-reveals the contents to a 3rd person

NA

- parents
- guardians
- custody of minors

230 290
PO comes to know the secrets of any priv indv by Priv indv seizes the papers or letters of another
reason of his office to discvoer the secrets of the latter
-not necessary that there be a secret; not
necessary that it be revealed

291 Revealing secrets w/ abuse of office

Elements

- manager, employee or servant

- leanrs the secrets of his principal or master in such capacity
- reveals such secrets
Learned by reason of their employment

Damage is not necessary

292 Revelation of industrial secrets

Elements

- person in charge, employee, or workman of a manufacturing or industrial establishment

- industrial establishment has a secret of industry which the offender has learned
o relate to manufacturing processes
- offender reveal such secrets
o revelation can be done even after dismissed
- prejudice is cause to the owner

293 Who are guilty of robbery

Definition

- taking of personal prop belonging to another w/o intent to gain, by means of violence against,
or intimidation of any person or using force upon anything

Classification of robbery

- Robbery w/ violence against or intimidation of persons=art 294,297,298)

- Robbery by the use of force upon things(art 299 and 302)

Elements of robbery in general

- Personal prop
- if real-crime is usurpation
- Belonging to another
o Does not belong sa offender
o Even if not the owner so long as in the POSSESSION
o Name of the owner essential-if homicide
- Unlawful taking of that prop
o Violence or intimidation-gains possession of the thing; even if no opportunity to dispose
of the same
o Force upon things-taken out of the building
o Taking-depriving the offended party of ownership of the thing taken w/ the character of
permanency
- w/ intent to gain
o presumed-unlawful taking of the personal prop
- violence, or intimidation of any person or ->present BEFORE the taking of personal prop
XPN:violence results: homicide, rape, intentional mutilation or SPI
o violence-againsg ghe person of the offended party
o intimidation-need not be threat of bodily harm
- force upon anything
o enter a house or builidng
Prohibitive articles:opium pwedeng SM of robbery

294 Robbery w/ violence against or intimidation of persons

7 acts(SPECIAL COMPLEX CRIME)

- homicide
o victim was killed
o generic sense
o physical injuries, attempted absorbed
o QC of murder-generic aggravating circumstance
o Dapat intent to gain first then killing
o By reason-committed before or after taking of personal prop as long as the motive is to
deprive the victim of his personal prop ex: to do away a witness
o Kahit fellow robber yung pinatay or bystander
o Accomplice-complicity must accordingly be limited to the robbery not w/ the killing
o All who participated are PRINCIPALS
- Rape, intentional mutilation or arson
o Even if committed in another place
o Committed before taking of personal prop
o No robbery w/ attempted rape
o Additional rape will not increase the penalty
o Attaches civil liability
- Reason or occasion of PI
- “” loss
- Violence or intimidation employed to a degree clearly unnecessary
o Intimidation-inspire fear in the person against whom they are directed
- SPI
- Employs intimidation only

On the occasion or by reason of-bec of robbery

- Facilitate the robbery or escape of culprit

- Preserve the possession by the culprit of the loot
- Prevent discovery of the commission of the robbery
- Eliminate witnesses to commission of the crime
Threats to extort money - Robbery thru intimidation
Conditional or future - Actual and immediate
Intermediary - Personal
Intimidation refer person, honor or prop or - Directed only to the person of the
family victim
Gain not immediate - immediate
Robbery w/ violence distinguished from grave coercion-diff sa intent

295 Robbery w/ PI committed in an uninhabited place, by a band. Or use of firearms on a street, road
or alley
Qualified in violence against or intimidation of persons

- uninhabited place
- band
- attacking a moving train, street car, motor vehicle or airship
- entering passengers compartments in a train or taking the passengers surprise in the respective
conveyance
- street, road, highway, or alley and the intimidation is maed w/ the use of firearms

Qualifying-cannot be offset by generic mitigating circumstance

296 Robbery by a band

- at least 4 armed malefactors take part

o proof of conspiracy not necessary
- any of the arms used not licensed->maximum penalty
o robbery w/ homicide-licensed or unlicensed
- any member who was present at the commission of the article punished as PRINCIPAL unless
attemted to prevent the same
- w/o prejudice to the criminal liability

Req for liability

- member of the band

- present during the commission
o liable principal by inducement
- other members of the bank committed an assault
- he did not attempt to prevent the assault
o if not commited by a band, the robber who did not take part in the assault is not liable
for that assault

No crime-robbery w/ homicide in band

Special aggravating circumstance of use of unlicensed firearm

297 Attempted and frustrated robbery

Penalty same-whether attempted or frustrated

Special complex crime-robbery w/ homicide and attemted or frustrated robbery w/ homicide

Slight physical injuries will be absorbed

298 Execution of deeds by means of violence or intimidation

Elements

- intent to defraud another

- compels him to sign, execute or deliver any PI or docu
o applicable even if private or commercial docu
o NA if docu void
 - compulsion is y means of violence or intimidation

Coercion-violence or intimidation is used

Robbery by the use of force upon things:

299 Robbery in an inhabited house or public building or edifice devoted to worship

Elements

- inhabited place; public building; edifice devoted to religious worship

o house or building such as ship vessel even public building
o uninhabited-art 302
- entrance effected by any of the ff
o opening not intended for entrance or egress
 if door opened-theft
o breaking any wall, roof, or floor , or breaking any door or window
 breaking-force
 wall-outside wall
o using false keys, picklocks or similar tools
 False keys-genuine keys stolen from the owner; not taken by force
 False keys are for the mode of entering the house
 Theft-open wardrobe
o using any fictitious name or pretetnding the exercise of public authority
- once inside the building, offender took personal prop belonging to another w/ intent to gain

Entered; if inserted hand-theft

Evidence show that the accused entered the dwelling house

Robbery w/ force upon things under subdivision B

- breaking of doors, wardrobe, chests

- taking such furniture or objects away to be broken or forced open outside the place of robbery
- *theft if forced open