Uninhabited Place and by A Band

ART. 300.
ROBBERY IN AN
UNINHABITED PLACE AND BY A
BAND. — THE ROBBERY MENTIONED
IN THE NEXT PRECEDING ARTICLE, IF
COMMITTED IN AN UNINHABITED
PLACE AND THE MAXIMUM PERIOD OF
THE BY A BAND, SHALL BE PUNISHED
BY PENALTY PROVIDED THEREFOR.
ART.300 WHAT IS INHABITED HOUSE, ETC.
 Robbery in an inhabited house, public building

or edifice devoted
to religious worship is qualified when committed
by a band AND in an uninhabited place.
 The inhabited house, public building, or edifice
devoted to religious worship must be located in
an uninhabited place
 Distinction between the two classes of robbery
as to their being qualified.
Robbery with force upon things (Art. 299), in
order to be qualified, must be committed in an
uninhabited place and by a band (Art. 300);
while robbery with violence against or
intimidation of persons must be committed
in an uninhabited place or by a band. (Art. 295)
Art. 301. What is an inhabited house, public
building or building dedicated to religious
worship and their dependencies. — Inhabited
house means any shelter, ship or vessel
constituting the dwelling of one or more
persons, even though the inhabitants thereof
shall temporarily be absent therefrom when the
robbery is committed.
 Robbery in sunken ship
 The place is still inhabited house even
if the occupant was absent.
Dependency defined
Dependencies of an inhabited house, public
building or dedicated to religious worship — are
all interior courts, corrals, warehouses, granaries
or inclosed places contiguous to the building or
edifice, having an interior entrance connected
therewith, and which form part of the whole. (Art.
301, par. 2)
(1)Must be contiguous to the

building;
(2) Must have an interior entrance
connected therewith;
(3) Must form part of the whole.
Orchards and lands used for cultivation, not

dependencies.
 Orchards and other lands used for cultivation or
production are not included in the term
"dependencies." (Art. 301, par. 3)
Art. 302. Robbery is an uninhabited place
or in a private building.
Elements:
1. That the offender entered an
uninhabited place or a building which
was not a dwelling house, not a public
building, or not an edifice devoted to
religious worship.
Art. 302. Robbery is an uninhabited place or
in a private building.
2. That any of the following circumstances
was present:
a. If the entrance has been effected through
any opening not intended for entrance or
egress.
b. If any wall, roof, flour or outside door or
window has been broken
Art. 302. Robbery is an uninhabited place or
c. If the entrance has been effected
through the use of false keys,
picklocks or other similar tools.
d. If any dorm, wardrobe, chest or by
sealed or closed furniture or
receptacle has been broken
Art.
. 302. Robbery is an uninhabited place or
3. That with intent to gain, the offender took
therefrom personal property belonging to
another.
Art.
The "uninhabited place" is an uninhabited
building.
What the term "building" includes.
Unnailing of cloth over door of freight car
is, breaking by force.
 Breaking padlock is use of force upon
things.
Art.
Use of fictitious name or pretending the

exercise of public authority, not in this article.
The receptacle must be "closed" or "sealed."
"If any closed or sealed receptacle has been
removed, even if the same be broken open
elsewhere."
Art.
Closed or sealed receptacle removed and
broken open elsewhere.
Taking of mail matter or large cattle in any
kind of robbery makes the penalty higher
by one degree.
Motor vehicle, coconuts and fish are not
included.
Art.
Penalty is based only on value of property

taken
Robbery in a store — when punishable
under Art. 299 or under Art. 302.
Art. 303. Robbery of cereals, fruits, or firewood
in an uninhabited place or private building. — In
the cases enumerated in Articles 299 and 302,
when the robbery consists in the taking of
cereals, fruits, or firewood, the culprit shall suffer
the penalty next lower in degree than that
prescribed in said articles.
ART. 303
Cereals are seedlings which are the

immediate product of the soil.
The palay must be kept by the owner as
"seedling" or taken for that purpose by the
robbers.
Art. 304. Possession of picklocks or similar
tools. — Any person who shall without lawful
cause have in his possession picklocks or
similar tools especially adopted to the
commission of the crime of robbery, shall be
punished by arresto mayor in its maximum
period to prision correccional in its minimum
period.
ART. 304 Possession of picklocks or similar
tools.
Elements of illegal possession of picklocks or
similar tools.
1. That the offender has in his possession
picklocks or similar tools.
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery.
3. That the offender does not have lawful
cause for such possession.
ART.
. 304 Possession of picklocks or similar
tools.
Actual use of picklocks or similar tools,
not necessary in illegal possession
thereof.
Liability of a locksmith.
 Art. 305. False keys. — The term "false
keys" shall be deemed to include:
1. The tools mentioned in the next preceding
articles
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender.
Art. 305. False keys.
Possession of false keys in paragraphs 2

and 3 of Art. 305, not punishable.
Art. 306. Who are brigands; Penalty. — When
more than three armed persons form a band of
robbers for the purpose of committing robbery in
the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of
force and violence, they shall be deemed
highway robbers or brigands.
Art. 306. Who are brigands
There is brigandage when —
1. There be at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a. To commit robbery in the highway;
b. To kidnap person s for the purpose of extortion
or to obtain ransom; or
c. To attain by meas of force and violence any
other purpose.

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ART. 300.

 Robbery in an inhabited house, public building

(1)Must be contiguous to the

Orchards and lands used for cultivation, not

Use of fictitious name or pretending the

Penalty is based only on value of property

Cereals are seedlings which are the

Possession of false keys in paragraphs 2

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