CRIMINAL

LAW 2
REVISED PENAL
CODE
BOOK II

Title 1
Crimes Against
National Security
and the Law of
Nations

ART. 114- TREASON

TO REMEMBER:
TREASON- a breach of allegiance, which
is the obligation of fidelity and obedience
one owes to the government or sovereign
under which he lives, in return for the
protection he receives.
2 MODES OF COMMITTING:
1. By Levying war
2. By adhering to the enemy, giving him
aid and comfort

QUESTION:
What is the evidence needed for the

conviction in treason?
1. Testimony of at least 2 witnesses to the

same overt acts;

2. Confession of guilt by the accused in open
court.

NOTE:
TWO-WITNESS RULE
= no person shall be convicted of treason except
upon the testimony of at least 2 witnesses by
the same overt act
it is necessary that the 2 witnesses have
testified to the SAME OVERT ACT.
even if there be several witnesses testifying on the

treasonous acts, one witness to 2 treasonous act

and the other to another treasonous acts, if the acts
testified to are not committed in the same place and
at the same time, the 2-witness rule is NOT
complied with. The accused himself is entitled to
freedom.

ART. 116 MISPRISION OF TREASON

TO REMEMBER:
Offender is NOT a foreigner
Offender must owe allegiance to the Govt of

Phils.
He has KNOWLEDGE of a conspiracy to
commit treason against the said government;
He CONCEALS or FAILS TO DISCLOSE the
same to the authorities of the province or city
in which he resides

Sample Question:
Because peace negotiations on the Spratlys situation
had failed, the Peoples Republic of China declared war
against the Philippines. Myra, a Filipina who lives with
her Italian expatriate boyfriend, discovered e-mail
correspondence between him and a certain General
Wang Bu of China.
On March 12, 2010, Myra discovered that on even date
her boyfriend had sent an e-mail to General Wang Bu, in
which he agreed to provide vital information on the
military defense of the Philippines to the Chinese
government in exchange for P1 million and his safe
return to Italy. Two weeks later, Myra decided to
report the matter to the proper authorities. Did Myra
commit a crime?

Answer:
YES, Myra committed the crime of
Misprision of Treason under Art. 116 of
the Revised Penal Code, for failing to report
or make known as soon as possible to
the governor or provincial fiscal or to the
mayor or fiscal of the City where she
resides, the conspiracy between her Italian
boyfriend and the Chinese General to
commit treason against the Philippine
Government in time of war. She decided
to report the matter to the proper
authorities only after two (2) weeks.

NOTE:
For this crime to be committed, first of all,

there must
treason.

be

conspiracy

to

commit

Misprision of treason arises when a person

who knew of such conspiracy DOES NOT

report the same AS SOON AS POSSIBLE.
It is NOT enough that the report be made.

What is required is that it must be reported

AS SOON AS POSSIBLE, because if the
report is delayed, this might ripen to an act of
treason.

ARTICLE 117
ESPIONAGE
TO REMEMBER:
2 MODES OF COMMITTING
1st MODE:
1. Offender, W/O authority, enters warship,
naval, military establishment
2.PURPOSE: obtaining information or data

of a CONFIDENTIAL NATURE relative to the

defense of the Philippines.

NOTE:
If

that is NOT the purpose= crime

committed is TRESPASS to Government
property

MERE

ENTERING=
consummated
espionage, as long as the criminal intent of
the offender is to get hold of those
materials vital to the defense of the
Philippines.

2ND MODE:
1. Offender is a Public Officer;
2. He is in possession of articles,

data
or
information
of
a
CONFIDENTIAL NATURE relative to
the defense of the Philippines;
He DISCLOSES their contents to a
representative of a foreign nation.

NOTE:
Where offender is NOT a custodian=

crime committed is INFIDELITY IN THE

CUSTODY OF PUBLIC RECORDS
If the information has nothing to do with

National Defense of the Phils.=

offender is liable only for INFIDELITY IN
THE CUSTODY OF PUBLIC RECORDS

ARTICLE 122 PIRACY

TO REMEMBER:
3 KINDS OF PIRACY
1. Piracy in the High Seas under the RPC
2. Piracy in the Philippine Waters (P.D.523)
3. Air Piracy punished in R.A. 6235

1.Piracy in the High Seas under RPC

TO REMEMBER:
1. Offenders here are NOT members of the
crew or passengers
2. Offender are STRANGERS (NOT lawfully
admitted) to the vessel
3. Offenders:
a. Attack or seize vessel on high seas
b. Seize the whole of part of the
cargo/equipment of vessel on high seas
c. Seize personal belongings of its
complement or passengers

NOTE:
If offender is a MEMBER of the complement

or a passenger AND there is :

a. Violence against or intimidation of
persons; or
b. Force upon things in taking the property
in the vessel
crime committed is ROBBERY on High
Seas (which will be prosecuted in proper
Phil. Court)

2. Piracy in the Philippine Waters

(P.D.532)
TO REMEMBER:
1. Offender here may be ANY PERSON. He may be:
a. a stranger to the vessel
b. a passenger; or
c. member of the crew of the vessel

2. He shall seize or attack a vessel while in Philippine

waters with intent to gain by means of violence

or intimidation
3. Taking away the belongings of a member of a
crew or passenger

NOTE:
The

taking must be with violence and

intimidation or force upon things. If these are
ABSENT on the taking =
the crime is
ONLY THEFT.

Without the use of violence or intimidation of

persons or without the use of force upon

things (as this is understood under Art. 299 of
the RPC), the decree will NOT APPLY,
unless there is seizure of the vessel or an
attack upon the vessel.

NOTE:
PIRACY under RPC

PIRACY in P.D. 532

NOT charged for the crime

of piracy but for =

ABETTING PIRACY
under P.D.532
persons who participated

in the loot of the piracy or

who harbor or conceal or
help the pirates escape=
ACCESSORIES to the
crime of piracy

= The offender here is a

principal to the crime of
abetting piracy although
the nature of the act of
participation is that of an
accessory only

Sample Question:
The inter-island vessel M/V Khaleesi, while
cruising off Batanes, was forced to seek shelter
at the harbor of Kashing, Taiwan because of a
strong typhoon. While anchored in said harbor,
Jose, Wally and Paolo arrived in a speedboat,
fired a bazooka at the bow of the vessel, boarded
it and divested the passengers of their money
and jewelry.
Jose, shot Jaime who tried to jump off the vessel.
While Wally raped Cersei, one of the passengers
of M/V Khaleesi.
What crimes did Jose, Wally and Paolo
committed?

Answer:
Jose, Wally and Paolo are liable for the
crime of QUALIFIED PIRACY.
They
boarded and fired upon the ship, and
divested the passengers of their money
and jewelry (Art. 122, 123, RPC, as
amended by R.A. 7659 and P.D. 532).
As long as murder or homicide is
committed as a result of or on
occasion of piracy, the SPECIAL
COMPLEX
CRIME
OF
QUALIFIED
PIRACY is committed.

ART. 123 QUALIFIED PIRACY

Qualified when:
1. Whenever they have seized a vessel by

boarding or firing upon the same;

2. Whenever the pirates have abandoned
their victims
without means of saving
themselves; or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or
rape

NOTE:
Murder, rape, homicide, physical injuries are

mere circumstances qualifying piracy and

CANNOT be punished as separate crimes,
NOR can they be complexed with piracy.
When crimes OTHER THAN murder, rape,

homicide or physical injuries are committed,

such as acts of lasciviousness, they are
SEPARATE CRIMES.

Crimes Against
Fundamental Law of the
Land

Arbitrary Detention
NOTE:
1. No warrant of arrest
2. No legal grounds

violates Sec.1, Art. III, 1897 Constitution

No person shall be deprived of life, liberty or
property without due process of law.

Delay in the Delivery of

Detained Persons to Proper
Judicial AUthorities
NOTE:
1. No Warrant of Arrest
2. BUT there are legal grounds for the arrest

(Rule 113, Sec.5, warrantless arrest)

Delaying Release
NOTE:

WARDENS & JAILERS= public officers most

likely to violate Art. 126
NOTE: 3 punishable acts

Expulsion
Punishable acts:
1. Expel any person from the Philippine

Islands; OR
2. Compel such person to change his
residences

NOTE: crime against the constitutional right

of

ABODE & Changing the same

Sample Question:
TRUE OR FALSE
A policeman who, without a judicial order,
enters a private house over the owners
opposition is guilty of trespass to dwelling.

Answer:
False. The crime committed by the
policeman in this case is violation of domicile
because the official duties of a policeman carry
with it an authority to make searches and
seizure upon judicial order.
He is therefore acting under color of his
official authority (Art. 128, RPC).

Search Warrants Maliciously

Obtained and Abuse in the service
of those legally obtained.
ACTS:
1. Search warrant illegally procured
2. Even if issued regularly, there was ABUSE

in the implementation thereof.

RELATE this to ART. 130, Searching domicile

without witnesses

Prohibition, interruption, and

dissolution of peaceful meetings
1. Prohibit or interrupt the holding of a

peaceful meeting, or shall dissolve the same.

2. Hinder any person from joining any lawful

association or from attending any of its

meetings.
3.

Prohibit or hinder any person from

addressing, either alone or together with
others, any

Crimes Against
Public Order

Rebellion
NOTE:

rising publicly and taking up arms against

the government
a crime against public order NOT national
security

REBELLION
Conspiracy to Commit

Rebellion
Proposal to Commit Rebellion
Inciting to Rebellion

CONSPIRACY TO COMMIT
REBELLION
When

two or more persons

come to an agreement to rise
publicly and take arms against
the Government for any purposes
of rebellion and decide to
commit it.

PROPOSAL TO COMMIT
REBELLION
When the person who has decided

to rise publicly and take up arms

against the Government for any of
the purposes of rebellion proposes
its execution to some other person
or persons

Inciting to Rebellion
Acts:
- any person who, without taking arms or
being in open hostility against the
Government, shall incite others to the execution
of any of the acts specified in Art. 134
- by speeches, proclamations, writings,
emblems,
banners
or
other
representations tending to the same end.

Coup detat
Key words for memory aid:
SWIFT ATTACK
Accompaied by VITSS (violence,

intimidation, threat, strategy or stealth)

NOTE:
Conspiracy to Commit Coup detat
Proposal to Commit Coup detat
TO REMEMBER:

NO crime of Inciting to Coup detat

Sedition
NOTE:

Read on HOW SEDITION committed

Crimes against
Personal Liberty and
Security

Article 267 KIDNAPPING &

SERIOUS
DETENTION
TO REMEMBER:
ELEMENTS:
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal;
4. In the commission of the offense, any of the following
circumstances is present:
(a) The kidnapping lasts for more than 3 days;
(b) It is committed simulating public authority;

(c) Any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
(d) The person kidnapped or detained is a minor, female, or a public
officer.

NOTE:
The offenders here are:

a. private individuals OR
b. public officers acting in their private capacity.
If they are public officers, they are covered by the
crimes under Title 2.
When a public officer conspires with a private person

in the commission of any of the crimes under Title IX,

the crime is also one committed under this title and
NOT under Title II.
Ex. If a private person commits the crime of
kidnapping or serious illegal detention, even though a
public officer conspired therein, the crime cannot be
Arbitrary Detention.

NOTE:
Essential:

There be actual confinement or

restriction of the person of the offended
party. It is NOT necessary that the victim be
placed in an enclosure, as long as he is
deprived, in any manner, of his liberty.

People v. Cortez, et al.,

GR No. 131619-20, Feb 1,
2000]
Accused were guilty of kidnapping although the
victim was found, at the time of her rescue, outside
of the house where she was brought, talking to the
house owner who was the uncle of the accused. Her
failure to attempt to escape was explained by her to
be due to her fear and threats of the accused to kill
her should she do so.
In kidnapping, it is NOT necessary that the
offended party be kept within an enclosure to
restrict her freedom of locomotion. It suffices
that there be actual or manifest restraint on the
person or liberty of the victim.

Peoplev. Pickrell
GR No. 120409, Oct. 23, 2003
The victims lack of consent is also a
fundamental element of kidnapping and serious
illegal detention.
Although the victim may have inceptually
consented to go with the offender to a place,
but the victim is thereafter prevented, with
the use of force, from leaving the place
where he was brought to with his consent and is
detained against his will, the offender is still
guilty of kidnapping and serious illegal
detention.

KIDNAPPING FOR
RANSOM
People v. Jatulan, GR No. 171653, April 24,

2007
= Actual demand for ransom not necessary,
as long as it can be proven that the
kidnapping was done for the purpose of
extorting money.
In the crime of Kidnapping for Ransom,
RANSOM
means
money,
price
or
consideration paid or demanded for the
redemption of a captured person that would
release him from captivity.

TO REMEMBER:
Forcible abduction
a woman is
transported from
one
place
to
another by virtue
of restraining her
of her liberty, and
that
act
is
coupled
with
lewd designs.

Serious illegal
detention

If

If

a woman is
transported just to
restrain her of her
liberty. There is no
lewd design or
lewd intent.

TO REMEMBER:
Grave coercion
If

a
woman
is
carried away just to
break her will, to
compel
her
to
agree
to
the
demand
or
request
by
the
offender.

KIDNAPPING WITH
RAPE
RAPE only= if the original intent is rape, even

if the victim was taken away

KIDNAPPING

with RAPE (special complex

crime) = if the original intent is to kidnap and
the rape was merely an afterthought
NOTE: Even if there are multiple rapes, there is only
one
kidnapping with rape

KIDNAPPING and ATTEMPTED RAPE= if the

rape was merely attempted. (2 separate crimes)

FORCIBLE ABDUCTION with RAPE= if the

taking was with lewd design and the rape was

committed
NOTE: The crime is complex crime under Art. 48;
forcible
abduction necessary means to commit
rape
NOTE: If there be multiple rapes, only one rape shall be
complexed with abduction, the other rapes will be
treated as separate crimes.

FORCIBLE ABDUCTION only, if the rape was

merely attempted (attempt to rape is a

manifestation of lewd design)

Sample Question:
While walking alone on her way home from a party, Sansa was
seized at gun point by Ramsey and taken on board a tricycle to
a house some distance away. Ramsey was with Jeofrey, Theon,
and Baelish, who drove the tricycle.
At the house, Ramsey, Jeofrey, and Theon succeeded in having
sexual intercourse with Sansa against her will and under the
threat of Ramsey's gun. Baelish was not around when the
sexual assaults took place as he left after bringing his
colleagues and Sansa to their destination, but he returned
everyday to bring food and the news in town about Sansa's
disappearance.
For five days, Ramsey, Jeofrey and Theon kept Sansa in the
house and took turns in sexually assaulting her. On the 6th
day, Sansa managed to escape; she proceeded immediately to
the nearest police station and narrated her ordeal.
What crime/s did
Ramsey, Jeofrey, Theon, and Baelish
commit?

Answer:
Ramsey, Jeofrey, Theon, and Baelish are
all liable of the special complex crime of
kidnapping and serious illegal detention
with rape.
The four kidnapped Sansa and held her
in detention for five days and carnally abused
her.
Notably, however, no matter how many
rapes have been committed in the special
complex crime of kinapping with rape, the
resultant crime is only one kidnapping
with rape.

KIDNAPPING WITH MURDER

HOMICIDE or MURDER= if victim is taken

away to be killed; if the seizure is only to

facilitate the killing of the victim
KIDNAPPING and MURDER (separate

crimes) = if killing is only an afterthought

ART. 268 SLIGHT ILLEGAL

DETENTION
TO REMEMBER:
The crime is committed WITHOUT the attendant
circumstances enumerated in Art. 267
One who furnished the place where the offended

party is being held

= acts as an accomplice but liable as Principal
PREVAILING RULE: The voluntary release will

only mitigate criminal liability if the crime was

slight illegal detention.
= If serious, it has no effect.

ART. 269 UNLAWFUL

ARREST
Arbitrary
Detention

Illegal
Detention

Unlawful
Arrest

Offender

Public officer who

has authority to
make arrests and
detain persons

(1) Private
person;
OR
(2) Public officer
who is acting in a
Private capacity
or beyond the
scope of his
official duty

Any person

Criminal
Intent

Violate the
offended partys
constitutional
Freedom against
Warrantless arrest

Deprive the
offended party of
his personal
liberty

Accuse the
offended party
of a crime he did
not commit,
deliver him to
the proper
authority, and file
the necessary
charges to
incriminate him

NOTE:

If the arrest is made without a warrant and under circumstances

not allowing a warrantless arrest,

the crime would be Unlawful Arrest.

If the person arrested is NOT delivered to the authorities,

the private individual making the arrest incurs

criminal
liability for Illegal Detention under Article
267 or 268.

Generally, this crime is committed by incriminating innocent

persons by the offenders planting evidence to justify the arrest

a complex crime results, that is, unlawful arrest
through incriminatory machinations under Article
363.

Service under Compulsion (ART.

274) VS.
Exploitation of Child Labor (ART.
273)
Service under
Compulsion

Exploitation of Child
Labor

Does not distinguish

whether the victim is a

minor or not
The debtor himself is

the one compelled to work

for the offender

Victim must be a minor

The minor is compelled

to render services for the

supposed debt of his
parents or guardian

Limited to household

work or farm labor

Service is not limited

ART. 280 QUALIFIED TRESSPASS TO

DWELLING
TO REMEMBER:
ELEMENTS:
(1) Offender is a private person;
(2) He enters the dwelling of another;
(3) Such entrance is against the latters will.

DWELLING:

NOT necessary that it be

permanent dwelling of the person
= hence, a persons room in a hotel may be
considered a dwelling.
= It also includes a room where one resides as a
boarder.

the

NOTE:
If the entry is made by a way not intended for entry that is

presumed to be against the will of the occupant (example,

entry through a window).
Against the will: This means that the entrance is, either

expressly or
presumed.

impliedly,

prohibited

or

the

prohibition

is

NOT APPLICABLE to:

1. entrances for the purpose of preventing harm to himself,

the occupants or a third person

2. purpose is to render some services to humanity or
justice
3.place is a caf, tavern, etc. while open

NOTE:
Qualified Trespass to
Dwelling

Violation of Domicile

Offender

is a PUBLIC
OFFICER or EMPLOYEE

Violation consist of any of

Offender here is a

PRIVATE PERSON

the 3 acts mentioned in

Article 128

Qualified Trespass to
Dwelling
(Art. 280)

Other Forms of Trespass

(Art. 281)

Offender is a private person

The offender is any person

Offender enters a dwelling

Offender enters closed

premises or fenced estate

Place entered is inhabited

Place entered is uninhabited

Act constituting the crime is

entering the dwelling against
the will of the
owner

It is the entering the closed

premises or the fenced estate
without securing the
permission of the owner or
caretaker thereof

Prohibition to enter is
express or implied

Prohibition to enter must be

manifest

ART. 282-285 THREATS

3 KINDS:
1. Grave Threats= the wrong threatened
amounts to a crime which may or may not be
accompanied by any condition
2. Light Threats= the wrong threatened does NOT

amount to a crime but is always accompanied

by demand for money or other conditions
3. Other Light Threats= the wrong does NOT

amount to a crime and NO demand for money or

other conditions

Memory Aid:
GT

LT

Crime
- W/ or W/out
condition

NOT crime -

With Condition

OLT -

NOT crime -

W/out Condition

Example of Grave
Threat:
(with a Condition)

Tyrion, boarder in the house of Ned

Stark, seduced the latters daughter Arya, 16
years old and a virgin. As Tyrion was not
willing to marry her, Ned Stark threatened to
kill Tyrion, unless he would marry Arya.
Ned would be liable for grave threats,
because what he threatens to do (to kill
Tyrion) was wrong, it amounts to a crime.

Question:
Suppose Ned Stark threatened Tyrion to
file a criminal action against him for qualified
seduction, unless he would marry Arya. Is Ned
liable for grave threat?
ANSWER: NO. Because filing a complaint
against A is not wrong

NOTE:
If the grave threat is NOT subject to a

condition
= the grave threat must be SERIOUS and
DELIBERATE
= the threats are those made with
deliberate purpose of creating in the mind of
the person
threatened the belief that the
threats will be carried into effect. (U.S. vs
Pagirigan, 14 Phil. 453)
However, the threat should NOT be made in

the heat of anger, because such threat is

punished under Art. 285, par.2

NOTE:
It is grave threat when the harm or wrong

threatened is in the nature of a crime like a

threat to kill, injure, etc. ;
AND
There are indications that the offender is

determined in his purpose

Example of Light
Threat:
Juan bought a parcel of land without
paying the proper tax thereof. Pedro knew
about this. Pedro told Juan that if the latter will
not give him P 10,000, he will report him to
the BIR. Because of fear to be reported, Juan
gave Pedro the said amount.
Pedro would be liable for Light Threats.
The threat made by Pedro did not constitute
a crime. But his threat was accompanied with
a condition or demand for money.

NOTE:
Light Threat is similar to blackmailing.
It CANNOT be committed W/OUT a condition

or demand for money

If the threatened publication is defamatory

(libelous):
it is blackmailing under ART. 356
(Threatening to publich a libel)

ARTs. 286- 289

COERCIONS
1. Grave Coercion- ART. 286
2. Light Coercion- ART. 287
3. Other Coercions- ART. 288

GRAVE COERCION
2 KINDS
1. Preventive Coercion= where the offender
uses violence to PREVENT the victim from doing
an act NOT prohibited by law
Ex: Juan was harvesting palay on a disputed
piece of land. Pedro, claiming to have the right
to the property, by means of violence prevented
Juan from harvesting the palay.
NOTE: If the act was prohibited by law
= NOT liable for grave coercion

2.

Compulsive Coercion= where the

offender uses violence to COMPEL the
offended party TO DO an act which may or
may NOT be prohibited by law
Ex. Joseph saw his stolen necklace on the
neck of Fernando. By seriously intimidating
the latter causing him to surrender the
necklace to him, Joseph commits grave
coercion.
If Joseph desired to enforce his claim, he
must NOT TAKE THE LAW into his
hands.

LIGHT COERCION
TO REMEMBER:
Elements:
(1) Offender must be a creditor;
(2) He seizes anything belonging to his debtor:
(3) The seizure of the thing be accomplished by
means of violence or a display of material
force producing intimidation;
(4) The purpose of the offender is to apply the
same
to the payment of the debt.

UNJUST VEXATION
A form of light coercion.
Any form of causing annoyance to another person
Include any human conduct which, although not

productive of some physical or material harm

would, however, unjustifiably annoy or vex an
innocent person.
Unjust

Vexation is distinguished from

coercion by the absence of violence.

grave

NOTE:
COERCION

THREAT
a. The harm or wrong is

future & conditional

b.

It
may
be
by
intermediary (through a
middleman)
or
in
writing; &

a. Threatened hard or wrong

is direct, immediate, and

personal;
b.

CANNOT be thru an
intermediary or in writing; &

c. Generally, by

c. Generally, committed

by intimidation which
is future and conditional

violence,
although it may also be by
intimidation
if
serious
enough, direct, immediate
and personal, such as by
means of firearm.

Crimes
Against
Property

ROBBERY
TO REMEMBER:
Elements of Robbery in General:
1. Personal property
2. Belonging to another
3. There be Unlawful taking
4. With Intent to gain
5. Violence against or intimidation of any
person
OR force upon anything

NOTE:
ROBBERY

THEFT

Taking is done with the

use of violence or
intimidation of person
or the employment of
force upon things

Done simply without the

knowledge and consent

of the owner

2 Kinds of Robbery:

1 Robbery with

Violence or
Intimidation
2. Robbery with Force
upon things

Robbery with Violence Against or

Intimidation of Person
TO REMEMBER:
By reason or occasion of the robbery, the following are
committed:
(1) Homicide (Robbery with Homicide)
(2) Rape or Intentional Mutilation or Arson. (Robbery with Rape,

Robbery with Intentional Mutilation, Robbery with Arson)

(3) Any of the Physical Injuries resulting in insanity, imbecility,

impotency, or blindness is inflicted.

(4) Any of the Physical Injuries resulting in the loss of the use of speech

or the power to hear or to smell, or the loss of an eye, a hand, a foot, an

arm or a leg or the loss of the use of any such member, or incapacity for
the work in which the injured person is theretofore habitually engaged is
inflicted.

Robbery with Violence Against

or Intimidation of Person
(5) If the Violence or Intimidation employed in the commission

of the robbery is carried to a degree clearly unnecessary for

the commission of the crime.
(6) When in the course of its execution, the offender shall have

inflicted upon any person not responsible for the commission of

the robbery any of the Physical Injuries in consequence of
which the person injured becomes deformed or loses any other
member of his body or loses the use thereof or becomes ill or
incapacitated for the performance of the work in which
he is habitually engaged for labor for more than 30 days
(7) Any kind of robbery with less serious physical injuries or

slight physical injuries

NOTE:
The crime defined in this article is a special

complex crime.
On the occasion and by reason

homicide or serious physical injuries must

be
committed in the course or because of the robbery.
Homicide is used in its generic sense, as to

include parricide and murder.

NO Robbery with Murder.

Sample Question:
True or False.

A person who, on the occasion of a robbery,

kills a bystander by accident is liable for two
separate crimes: robbery and reckless
imprudence resulting in homicide.

Answer:
FALSE
Crime is still robbery with homicide
even if, in the course of the robbery, the
person killed was another robber or a
bystander.
Revised Penal Code punishes the crime
as only one indivisible offense when a
killing, whether intentional or accident, was
committed by reason or on occasion of a
robbery

Sample Question:
Tito and Vic asked their friend, Joey, to help
them rob a bank. Tito and Vic went inside the
bank, but were unable to get any money from
the vault because the same was protected by a
time-delay
mechanism.
They
contented
themselves with the customers cellphones and
a total of P5,000 in cash. After they dashed out
of the bank and rushed into the car, Joey pulled
the car out of the curb, hitting a pedestrian
which resulted in the latters death.
What crime or crimes did Tito, Vic and Joey
commit?

Answer:
Robbery with homicide.
There was conspiracy among them to
commit the robbery and the death of the
pedestrian was caused on the occasion of
the robbery.
Even though the death was accidental, it
is enough that such death was caused by any
of the robber felonious act and on the
occasion of the commission of the robbery.
(People vs. Guiapar, 129 SCRA 539).

Sample Question:
While A, B, C, and D were robbing a
bank, policemen arrived. A firefight ensued
between the bank robbers and the responding
policemen, and one of the policemen was
killed.
What crime or crimes, if any, had been
committed?

Answer:
Robbery with Homicide
Because one of the responding policeman was killed
by reason or on occasion of the robbery being
committed.
NOTE: Complex crime of Direct Assault with
Multiple Attempted Homicide
in respect of the offenders firing guns at the
responding policemen who are agents of person in
authority performing their duty when fired at to
frustrate such performance.(People v. Ladjaalam, G.R.No. 13614951, Sept. 19, 2000).

Question:
Suppose it was A who was killed by the
responding policemen, what charges can be
filed against B, C and D?

Answer:
Robbery with Homicide.
Because the killing resulted by reason
or on occasion of the robbery. It is of no
moment that the person killed is one of the
robbers.
A killing by reason or on occasion of
the robbery, whether deliberate or accidental,
will be a component of the crime of Robbery
with Homicide, a single indivisible offense.

Always Remember:
Robbery with Homicide, whether the person killed is

connected with robbery or not

Robbery with Homicide regardless of the persons killed

(When 2 or more are killed, appreciated as an

aggravating circumstance)
Real motive is to ROB

Robbery with Homicide, even if killing preceded or was

done ahead of the robbing
Real motive is to KILL and taking is committed thereafter

2 separate crimes of Homicide and Theft

Robbery with Rape

Intent must be to ROB
Robbery with Homicide

When rape and homicide co-exist, rape should

considered as aggravating only

be

Rape and Unjust vexation

rape is the primary objective and the taking

not done with intent , only as TOKEN of her
supposed consent to the sexual intercourse

was

Always take note of the Primodial Criminal intent

Robbery with Physical

Injuries
TO REMEMBER:
Physical injuries must always be SERIOUS.
If the P.I. are only less serious or slight,

they are absorbed in the Robbery

NO CRIME OF:

Robbery with less serious physical

injuries
Robbery with slight physical
injuries

Robbery with Arson

Primodial intent is to ROB
Robbery precedes Arson
NO killing, rape or intentional mutilation during the robbery,

OTHERWISE, the crime would be:

Robbery with homicide,
Robbery with rape or
Robbery with intentional mutilation,
and Arson would only be an aggravating circumstance
Arson here is component only of Robbery with Violence against or

intimidation of persons in Art. 294.

If the robbery was by the use of force upon things and therewith
arson was committed , 2 distinct crimes are
committed

IN AN
UNINHABITED PLACE AND BY A
BAND
Robbery with violence against or intimidation or persons is

qualified

when it is committed:

(1) In an Uninhabited place, or

(2) By a Band, or
(3) By Attacking a moving train, street car, motor vehicle, or airship,
or
(4) By Entering the passengers compartments in a train, or in any
manner taking the passengers thereof by surprise in the
respective conveyances, or
(5) On a Street, road, highway, or alley, AND the intimidation is
made with the use of firearms

NOTE:
It cannot be offset by a generic mitigating circumstance.
The intimidation with the use of firearm qualifies only

robbery on a street, road, highway, or alley.

Any of these qualifying circumstances must be alleged in

the information and proved during the trial.

Art 295 does NOT apply to robbery with homicide, or

robbery with rape, or robbery with serious physical injuries

under par 1 of Art 263.
NOTE: the circumstances and applicability of Art 295 are

very specific

Sample Question:
Randy, John, Willy, and Wally are
fraternity brothers. To protect themselves
from rival fraternities, they all carry guns
wherever they go.
One night, after attending a party, they
boarded a taxicab, held the driver at gunpoint
and took the latters earnings.
What crime, if any, did the four commit?

Answer:
Robbery by a band since there
were four (4) offenders acting in concert in
committing the robbery and all the four
were armed.

Robbery by a Band
TO REMEMBER:
When at least 4 armed malefactors take part in the

commission of a robbery, it is deemed committed by a

BAND.
Any member of a band who:

a. was present at the commission of a robbery by the

band; AND
b. did not do anything to prevent the crime.
shall be punished as principal of any of the assaults
committed by the band

NOTE:
Conspiracy is presumed when robbery is by band.
Agreement refers only to the robbery. Robbery is committed

by a band and a person is killed.

any member who was PRESENT at the commission of the
robbery and who DID NOT DO anything to prevent the
killing of the victim on the occasion of the robbery
shall be held liable for the crime of Robbery with Homicide
There is NO CRIME as robbery with homicide in band.

Band is only a generic aggravating circumstance in the

crime of robbery with homicide or rape.