Section 2: Trespass to dwelling

Article 280: Qualified trespass to dwelling

a.
b.
c.

The offender is a private person.

He enters the dwelling of another.
Such entrance is against the latters will.

If the offense is committed by means of violence

or intimidation, the penalty is higher.

If the offender is a public officer or employee, the

entrance into the dwelling against the will of the occupant is a
violation of domicile.

Dwelling this means any

building or structure exclusively devoted for rest and
comfort.

Is the occupant required to be the

owner of the dwelling?
No, because the law used dwelling without the
qualifications as to who should own the place. Thus, this
crime may be committed against a boarder or a tenant.
This crime may also be committed by the owner of the
dwelling if his entry therein is against the will of the present
occupant.

Under what circumstances is the

crime of trespass not committed?
1. Purpose of the entry to dwelling is to prevent some serious
harm to the person entering, the occupants or third person.
2. Purpose of entry is to render some aid to humanity or justice.
3. Places entered are cafes, taverns, inns and similar places
while they are open.

Article 281: Other forms of trespass

a.
b.
c.
d.

The offender enters the closed premises or the fenced

estate of another.
The entrance is made while either of them is
uninhabited.
The prohibition to enter be manifest.
The trespasser has not secured the permission of the
owner or the caretaker thereof.

What determines whether the crime

committed is trespass to dwelling or trespass to property?
The use of the place determines the crime committed. If the
place is inhabited, the crime is trespass to dwelling. Even if
its a residential place, if at the time of the commission of the
felony it is not inhabited, such as apartment for rent, the
crime is trespass property. It is the structure that determines
whether the offense is trespass to dwelling or to property.
In trespass to property there is clear or manifest prohibition
for entering.

What does the phrase against the

will of the owner denote?
This denotes that there is prohibition against entering. The
prohibitions maintains the privacy to dwelling. Whenever one
enters through an opening not intended for entering, there is
a violation of privacy.
If the purpose of the entry is to commit a more serious crime
and the trespasser has commenced overt acts directly
related to the more serious offense, the proper offense to
charge is the more serious offense.

The crime is trespass to property if entry is when

these are not open.

Who should give permission or

prohibit entry to dwelling?
Permission to enter may be given by a person of sufficient
discretion, not necessarily adult member of the household.
Once permission is given to enter, trespass is no longer
committed.
Section 3: Threats and Coercion
Article 282: Grave Threats

ACTS PUNISHABLE:
1. By threatening another with the infliction upon his
person, honor, property or to his family any wrong
amounting to a crime and demanding money or
imposing any other conditions, even though not
unlawful, and the offender attained his purpose.
2. By making such threat without the offender
attaining his purpose.
3. By threatening another with the infliction upon his
person, honor, and property or to his family of any
wrong amounting to a crime and the threat is not
subject to a condition.

What is the essence of the crime of

threats is intimidation?
In the crime of threats, it is essential that there is
intimidation.
There is intimidation where there is promise to do some

future harm or injury either to the person, his honor, property

or to his family.

2.

Article 283: Light Threats

a.
b.
c.
d.

The offender makes a threat to commit a wrong.

The wrong does not constitute a crime.
There is a demand for money or that other condition is
imposed even though not unlawful.
The offender has attained his purpose or that he has
not attained his purpose.

Light threats may amount to blackmailing.

Article 284: Bond for Good Behavior

threats or intimidation from doing something not

prohibited by law.
By compelling another, by means of violence,
threats or intimidation to do something against his
will, whether it be right or wrong.

ELEMENTS:
a. A person prevented another from doing something not
prohibited by law, or that he compelled him to do
something against his will, be it right or wrong.
b. The prevention or compulsion be effected by violence,
threats or intimidation.
c. The person that restrained the will and liberty of
another had no authority of law or the right to do so.
Article 287: Light Coercion

In what cases may a person be

required to give bail not to molest another?
When he threatens another under the circumstances
mentioned in 282
When he threatens another under the circumstances
mentioned in article 283.

a.
b.
c.
d.

The offender must be a creditor.

He seizes anything belonging to his debtor.
The seizure of the thing be accomplished by means of
violence or a display of material force producing
intimidation.
The purpose of the offender is to apply the same of the
payment of the debt.

Article 285: Other Light Threats

ACTS PUNISHABLE:
1. By threatening another with a weapon, or by drawing
such weapon in a quarrel, unless it be in lawful selfdefense.
2. By orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in
the idea involved in his threat.
3. By orally threatening to do another any harm not
constituting a felony.

Compare light threats with

blackmailing?
Light threat is similar to blackmailing. The wrong threatened
does not amount to a crime, but is always with a demand for
money or other conditions.

What are the principal distinction

between threat and coercion?
THREAT
COERCION
The threatened harm or wrong The threatened harm or wrong
is future and conditional
is immediate, personal and
direct.
It may be done through an
It cannot be done by means of
intermediary or in writing.
an intermediary or in writing.
Generally, it is committed by It is generally committed by
means of intimidation which is
violence, although it may also
future and conditional.
be by intimidation if it is serious
enough, direct, immediate and
personal.

How should the phrase some harm

not constituting a crime in article 285, no. 2 be construed?
The phrase should be some harm constituting a crime
because the provision states in the ultimate phrase provided
that the circumstances of the offense shall no bring it within
the provisions of article 282 of this Code. If it were not
constituting a crime, that phrase will become a mere a
surplusage because the act can never come within the
provisions of article 282 since this latter provisions refers to
a wrong amounting to a crime
Article 286: Grave Coercion

TWO WAYS IN COMMITTING GRAVE COERCIONS:

1. By preventing another, by means of violence,

May coercion be in writing?

No, since it must be direct, immediate and person. Only
threat can be in writing as expressly provided for in article
282 (1) since threat is inherently future and conditional.

What different crimes can arise from

intimidation?
1. Robbery - if intimidation is immediate but conditional with
demand for money or consideration which is intent to gain.
2. Threat if future and conditional
3. Coercion if it is direct, immediate and personal or serious

enough

lockout of employers.
DISCOVERY & REVELATION OF SECRETS
Article 290: Discovery secrets through seizure of correspondence

1.
What are the kinds of grave
coercion?
There are two kinds of grace coercion. Preventive the
offender uses violence or intimidation to prevent the victim
from doing what he wants to do. Compulsive the offender
uses violence or intimidation to compel the offended to who
what he does not want to do.

2.
3.
4.

The offender is a private individual or even a public

officer not in the exercise of his official function.
He seizes the papers or letters of another.
The purpose is to discover the secrets of such another
person.
Offender is informed of the contents of the papers or
letters seized.

Article 291: Revealing secrets with abuse of office

1.
2.
3.

The offender is a manager, employee or servant.

He learns the secrets of his principal or master in such
capacity.
He reveals such secrets.

Article 292: Revelation of industrial secrets

What is required of intimidation to
make the act grave coercion?
If the act compelled is one which the offender has a right to
demand, even though there may be some form of
intimidation, there is no grave coercion unless the
intimidation is carried out to a point that deprived the
offended of his freedom of will.

1.
2.
3.
4.

The offender is a person in charge, employee or

workman of a manufacturing or industrial
establishment.
The manufacturing or industrial establishment has a
secret of the industry which the offender has learned.
The offender reveals such secrets.
Prejudice is caused to the owner.
CRIMES AGAINST PROPERTY

Article 293: Who are guilty of robbery?

What is unjust vexation?

Unjust vexation is a form of light coercion. It is any form of
annoyance of another person. It is a crime against personal
security and not against the property.

1.
2.
3.
4.

There be personal property, belonging to another.

There is unlawful taking of that property.
The taking must be with intent to gain.
There is violence against or intimidation of any person,
or force upon anything.

Article 288: Other Similar Coercion

ACTS PUNISHABLE:
1. By forcing or compelling, directly or indirectly or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him.
a. The offender is any person, agent, officer of any
association or corporation.
b. He or such firm or corporation has employed
laborers or employees.
2.

By paying the wages dues his legal laborer or

employee by means of tokens or objects other than
the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee.
a. The offender pays the wages due a laborer or
employee employed by him by means of tokens
or objects.
b. Those tokens or objects are other than the legal
tender currency of the Philippines.
c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.

Article 289: Formation, maintenance and prohibition of

combination of capital or laborer through violence or threats

a.
b.

The offender employs violence or threats, in such a

degree as to compel or force the laborers or employers
in the free and legal exercise of their industry or work.
The purpose is to organize, maintain or prevent
coalitions or capital or labor, strike of laborers or

Robbery
the taking of personal property belonging to another, with intent
to gain, by means of violence against or intimidation of any
person, or using force upon anything.

Classification of Robbery

1.
2.

Robbery with violence against, or intimidation of

persons.
Robbery by the use of force upon things.

Compare the crimes of robbery and

theft?
Robbery and theft are analogous crimes involving taking with
intent to gain of personal property. The crime is robbery if
committed with violence against or intimidation upon person
or with force upon things. Otherwise, it is theft.

present?
Asportation is the taking of personal property out of the
possession of the owner, without his privity and consent and
without animus revertendi.
Asportation is present once the property is in fact taken from
the owner. Severance of goods from the possession of the
owner and absolute control of the property by the taker, even
for an instant, constitutes asportation.

How is animus lucrandi determined?

Animus lucrandi or intent again is an internal act which can
be established though the over acts of the offender.

Can real property be subject of

robbery?
The law did not qualify what is involved in such public
instrument or document, thus, may include real property.

When is robbery or theft

consummated?
When the offender takes complete control of the property,
robbery or theft is consummated. There is complete control
when the offender has acquired and substituted his will over
the property. It is not necessary that the offender has taken
away the property or used the same.

What is asportation? When is it

Compare robbery with violence

against or intimidation of persons to robbery with force upon
things?
1. Robbery with violence against or intimidation of persons is
deemed more serious than robbery with force upon things.
2. The penalty on the former is based on the gravity of the
violence or intimidation, on the latter upon the value of the
thing taken.
3. When both kinds of robbery are present, the former shall
take precedence over the latter for it is more serious, unless
the penalty for robbery with force upon things is higher, in
which case the crime shall be complexed.