Section 2: Trespass to dwellingArticle 280: Qualified trespass to dwelling a. The offender is a private person.b. He enters the dwelling of another.c. 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.

Article 281: Other forms of trespass a. The offender enters the closed premises or the fenced estate of another.b. The entrance is made while either of them is uninhabited.c. The prohibition to enter be manifest.d. 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. 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. 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 CoercionArticle 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.

Article 283: Light Threats a. The offender makes a threat to commit a wrong.b. The wrong does not constitute a crime.c. There is a demand for money or that other condition is imposed even though not unlawful.d. 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 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.

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 self-defense.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. 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, threats or intimidation from doing something not prohibited by law.2. 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 a. The offender must be a creditor.b. He seizes anything belonging to his debtor.c. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation.d. The purpose of the offender is to apply the same of the payment of the debt.

What are the principal distinction between threat and coercion?THREATCOERCION

The threatened harm or wrong is future and conditional The threatened harm or wrong is immediate, personal and direct.

It may be done through an intermediary or in writing. It cannot be done by means of an intermediary or in writing.

Generally, it is committed by means of intimidation which is future and conditional. It is generally committed by violence, although it may also be by intimidation if it is serious enough, direct, immediate and personal.

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 conditional3. Coercion if it is direct, immediate and personal or serious enough 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. 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. 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.

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. 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.b. The purpose is to organize, maintain or prevent coalitions or capital or labor, strike of laborers or lockout of employers.

DISCOVERY & REVELATION OF SECRETS Article 290: Discovery secrets through seizure of correspondence 1. The offender is a private individual or even a public officer not in the exercise of his official function.2. He seizes the papers or letters of another.3. The purpose is to discover the secrets of such another person.4. Offender is informed of the contents of the papers or letters seized.

Article 291: Revealing secrets with abuse of office 1. The offender is a manager, employee or servant.2. He learns the secrets of his principal or master in such capacity.3. He reveals such secrets.

Article 292: Revelation of industrial secrets 1. The offender is a person in charge, employee or workman of a manufacturing or industrial establishment.2. The manufacturing or industrial establishment has a secret of the industry which the offender has learned.3. The offender reveals such secrets.4. Prejudice is caused to the owner.

CRIMES AGAINST PROPERTY Article 293: Who are guilty of robbery? 1. There be personal property, belonging to another.2. There is unlawful taking of that property.3. The taking must be with intent to gain.4. There is violence against or intimidation of any person, or force upon anything.

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 Robbery1. Robbery with violence against, or intimidation of persons.2. 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. 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 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. 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.