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Robbery in Uninhabited Place Juris

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ROBBERY IN UNINHABITED PLACE

G.R. No. 181138               December 3, 2012

RICKY "TOTSIE" MARQUEZ, ROY BERNARDO, and JOMER MAGALONG, Petitioners, 


vs.
PEOPLE OF THE PHILIPPINES, Respondents.

Article 302 of the RPC provides that when the robbery is committed in an uninhabited place or in a private
building and the value of the property exceeds P250.00, the penalty shall be prision correccional in its
medium and maximum periods provided that, among other circumstances, any wall, roof, floor, or the
outside door or window has been broken.

prision correccional in its medium and maximum periods, which has a prison term of two (2) years four (4)
months and one (1) day to six (6) years. There being no aggravating or mitigating circumstances the
range of the penalty that must be imposed as maximum penalty is three (3) years six (6) months and
twenty-one (21) days to four (4) years nine (9) months and ten (10) days. Applying the Indeterminate
Sentence Law, the minimum penalty that should be imposed upon petitioners is arresto manor in its
maximum period to prision correccional in its minimum period with a range of four (4) months and one (1)
day to two (2) years and four (4) months. Consequently there is a need to modify the prison term imposed
by the trial court.

[ REPUBLIC ACT NO. 10951, August 29, 2017 ]


AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND DAMAGE ON WHICH A
PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING
FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS
AMENDED

“ART. 302. Robbery in an uninhabited place or  in a. private building.  - Any robbery committed in an
uninhabited place or in a building other than those mentioned in the first paragraph of Article 299 if the
value of the property taken exceeds Fifty thousand pesos (P50,000), shall be punished by prision
correccional  in its medium and maximum periods provided that any of the following circumstances is
present:
"1. If the entrance has been effected through any opening not intended for entrance or egress.

“2. If any wall, root floor or outside door or window has been broken.

"3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.  

"4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.

"5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed, even
if the same be broken open elsewhere.

''When the value of the property taken does not exceed Fifty thousand pesos (P50,000), the penalty next
lower in degree shall be imposed.

"In the cases specified in Articles 294. 295, 297. 299, 300, and 302 of this Code, when the property taken
is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than those
provided in said articles."

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer
the penalties next higher in degree than those provided in said articles.chanrobles
virtual law library
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.chanrobles
virtual 

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