On
Robbery In An Inhabited House 

ART.299

ELEMENTS of robbery with force upon things under subdivision (a):
1. That the offender entered
   (a) an inhabited house, or
   (b) public building, or
   (c) edifice devoted to religious worship;
2. That the entrance was effected by any of the following means:
    a. Through an opening not intended for entrance or egress,
    b. By breaking any wall, roof, or floor or breaking any door or window,
    c. By using false keys, picklocks or similar tools, or
    d. By using any fictitious name or pretending the exercise of public authority; and
3. That once inside the building, the offender took personal property belonging to another with intent to gain.

Inhabited house is any shelter, ship, or vessel constituting the dwelling of one or more person even though temporarily absent therefrom when robbery is committed. It includes dependencies, courts, corals, barns, etc. It does not include orchards and lands for cultivation.

Public building - every building owned by the Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same.

Breaking - means entering the building. The force used in this means must be actual, as distinguished from that in the other means which is only constructive force.

In robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. When there was no entry, no robbery was committed.

Whole-body must be inside the house, public building, or place devoted to worship to constitute entering.

Passing through an open door but getting out of a window is not robbery but theft.

To constitute robbery, the outside door must be broken or smashed. If the lock was merely removed or the door was merely pushed, crime is only theft.

False keys are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock w/c was forcibly opened by the offender.

Picklocks are those specially adapted for the commission of the robbery.

The key must have been stolen not by force. Otherwise, it’s robbery by violence and intimidation against persons.

False key must have been used in opening house and not any furniture inside. Otherwise, the crime is only theft.

General Rule: 
If false key/picklock was used to open an inside door (Ex. door of a room) and offender took personal property, the crime is only theft.

Exception: If the room is a separate dwelling place, crime is robbery.

The use of fictitious name or the act of pretending to exercise authority must be committed for the purpose of entering the building.


ELEMENTS of robbery with force upon things under subdivision (b):
1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; and
2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances:
   a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or
   b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery.

It is not necessary that entrance was made through any of the means mentioned in subdivision (a).

Offender may be servants or guests.

Destruction of keyhole of cabinet is robbery under this subsection.

When sealed box is taken out for the purpose of breaking it, crime is already consummated robbery. There is no need to actually open it inside the building from where it was taken.

But if the box was confided into the custody of accused and he takes the money contained therein, the crime is estafa.

The crime is theft if the box was found outside of the building and the accused forced it open.

Mitigating circumstance:
1. Offenders do not carry arms and the value of the property taken exceeds 250 pesos.
2. Offenders are armed, but the value does not exceed 250 pesos.
3. Offenders do not carry arms and the value does not exceed 250 pesos penalty of a) or b) in minimum period.
4. Committed in dependencies

People vs. Tayag
In entering the building, the offender must have an intention to take personal property  Public building includes every building owned, rented or used by the government although owned by private persons or
temporarily vacant.

Illustration: 
If the culprit had entered the house through an open door, and the owner, not knowing that the culprit was inside, closed and locked the door from the outside and left, and the culprit, after taking
personal property in the house, went out through the window, it is only theft, not robbery.

The penalty depends on the value of property taken and on whether or not offender carries arm.

Bar Exam Question (2000)

Robbery with force upon things (2000)

A, brother of B, with the intention of having a night out with his friends, took the coconut shell which is being used by B as a bank for coins from inside their locked cabinet using their common key. Forthwith, A broke the coconut shell outside of their home in the presence of his friends. 

a) What is the criminal liability of A, if any? Explain. 
b) Is A exempted from criminal liability under Article 332 of the Revised Penal Code for being a brother of B? Explain. 

Suggested Answer:

a) A is criminally liable for Robbery with force upon things, because the coconut shell with the coins inside, was taken with intent to gain and broken outside of their home, (Art. 299 (b) (2). RPC).
b) No, A is not exempt from criminal liability under Art. 332 because said Article applies only to theft, swindling or malicious mischief. Here, the crime committed is robbery.