Crim notes

Prosecution for both revised penal code and the special penal legislations. That rule
does not preclude the special penal legislations,

Trespass to dwelling, qualified if means of violence and intimidation.

Elements: offender is a private individual, the owner may give up the occupancy
while the dwelling maybe occupied by an actual occupant

Offender has entered a dwelling- rest and comfort but not commercial purposes.
Dwelling maybe converted to other forms but actual use must be proven. Hotel
room can be a dwelling as long as it is occupied for comfort

An entry to owners will. Lack of permission is different from prohibition,

prohibition must me clear but could be implied. Opposition to entry must be given.

Invitation to enter may be given by individuals who are dwelling in the house.
Implied prohibition, where the situation provides the prohibition. There are
occasions when prohibition is presumed when the hour is late. A locked door may
be presumed as prohibition. It must exist prior to entry for prohibition to exist.
Prohibition is not required when violence and intimidation is used in committing
the crime.

Qualified trespass to dwelling, when intimidation and violence is effected to the

inmates of the household must be applied to people. Pushing the door violently
then maltreatment of the individuals but it will qualified the crime. Cutting of the
door fastenings was enough to qualify the crime.

The criminal has criminal intent in the very act of trespass. If there is another crime
that is committed after the trespass then it absorbs the crime. If the person is caught
before then he is only at the level of trespass to dwelling. It may be prosecuted,
separately from the other crime, not a complex crime if the purpose is determined
to be different from the trespass then it is separate but if the objective is given then
it may absorb it

Other forms of trespass:

Entered a premise or fenced/ closed estate, must be a definite locality, uninhabited

but the prohibition must still be manifest. The presence of guards, signs or other
means to inform others then there is prohibition. Maybe committed by both public
and private individuals. It must have a manifest prohibition.

Grave threat for the demand of the sum of money, threat consisting of a crime but
the purpose was not attained.
Light threat:
Threatening a person, against his person, honor, property or his family

Elements: threatening a person, qualifying would be middle man or through writing

or the attainment of the purpose. The essence of the crime is intimidation. Threats
are future harm and the injury against a person is immediate would be robbery. The
threat may or may not be a crime in itself.

Requires condition unlike live threat

Article 285: other light threats

The crimes defined are threatening another with a weapon where there is no
quarrel, if there is a quarrel and you draw the weapon in self-defense, then there is
not crime. Oral threat in the heat of anger

Grave coercion and unjust vexation, annoyance of the offended party

Robbery with violence and intimidation upon persons: the outcome of the violence
that characterizes the degree of the crime.

Robbery with homicide: there is no such thing as robbery with murder. In the
course of robbery, death of the person occurs. Intent to take property and intent to
gain and must precede the killing.

Robbery with rape but if it occurs with the homicide and robbery, it will become an
aggravating circumstance. It is a special complex crime, the legislature that has
provided the complex nature of the crime.

Robbery with intentional mutilation

Robbery with arson

Serious physical injuries inflicted on occasion of robbery

Robbery with unnecessary violence and intimidation

Robbery with serious physical injuries inflicted on robbery where the victim loses
the use of limbs