PART 1

Article 291.
Revealing secrets with abuse of office. -
The penalty of arresto mayor and a fine
not exceeding 500 pesos shall be imposed
upon any manager, employee, or servant who,
in such capacity, shall learn the secrets of his
principal or master and shall reveal such
secrets.
Art 291. Revealing secrets
with Abuse of Office

Elements
• That the offender is manager,
employee or servant
• That he learns the secrets of his
principal or master in such
capacity
• That he reveals such secrets
 Art 291. Revealing secrets
with Abuse of Office
• An employee, manager, or servant who came to know of
the secret of his master or principal in such capacity and
reveals the same shall also be liable regardless of
whether or not the principal or master suffered damages.

• Essence of this crime is that the offender learned of the

secret in the course of his employment.

• He is enjoying a confidential relation with the employer

or master so he should respect the privacy of matters
personal to the latter.
Article 292.
Revelation of industrial secrets. -
The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos shall
be imposed upon the person in charge, employee or
workman of any manufacturing or industrial establishment
who, to the prejudice of the owner thereof, shall reveal
the secrets of the industry of the latter.
 ARTICLE 292 - REVELATION
OF INDUSTRIAL SECRETS
Elements:
(1) 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) Offender reveals such secrets;
(4) Prejudice is caused to the owner
• Secrets must relate to manufacturing processes.

• The act constituting the crime is revealing the secret

of the industry which the offender has learned.

• The revelation of the secret might be made after the

employee or workman had ceased to be connected
with the establishment.

• Prejudice is an element of the offense.

ARTICLE 292 - REVELATION

OF INDUSTRIAL SECRETS
Article 293. Who are guilty of robbery.
Any person who, with intent to gain, shall
take any personal property belonging to
another, by means of violence or
intimidation of any person, or using force
upon anything shall be guilty of robbery.
CLASSIFICATION OF
ROBBERY
• Robbery with violence against,
or intimidation of persons.
• Robbery by the use of force
upon things.
ELEMENTS OF ROBBERY IN GENERAL: (293)
• That there be personal property belonging to
another.
• That there is unlawful taking of that property.
• That the taking must be with intent to gain,
and
• That there is violence against or intimidation
of any person, or force upon anything.
Notes:
• The property taken must be personal property, for if real
property is occupied or real property is usurped by
means of violence against or intimidation of person, the
crime is usurpation.
• Belonging to another – person from whom property was
taken need not be the owner, legal possession is
sufficient
• Name of the real owner is not essential so long as the
personal property taken does not belong to the accused
except if crime is robbery with homicide
• Taking of personal property – must be unlawful; if given
in trust, it is crime of estafa.
Notes:
• As to robbery with violence or intimidation – from the
moment the offender gains possession of the thing even
if offender has had no opportunity to dispose of the
same, the unlawful taking is complete
• As to robbery with force upon things – thing must be
taken out of the building
• Intent to gain – presumed from unlawful taking
• Taking must not be under the claim of title or ownership
• When there’s no intent to gain but there is violence in the
taking – grave coercion
• Violence or intimidation must be against the person of
the offended party, not upon the thing.
Exercise:
If Juan delivered a package containing an article
to Boy by mistake and when Juan asked for the
return thereof, Boy threatened to kill him if Juan
would get it back, is Juan liable of crime of
Robbery?

No. Even Juan had intent to gain and employed

intimidation, he did not take the property to A
Exercise:
Jeff saw his victim put money into his coat
pocket. The next day Jeff held him up and
deprived him of the coat, but finding the money
was not there, he threw away the coat. Is Jeff
liable of crime of robbery?

Yes. The offense having been complete when

defendant forcibly deprived his victim thereof.
Exercise:
Jeff cut with a bolo the strings tying the opening
of a sack containing palay and then took the
palay. Is he liable of crime of robbery?

No, because the taking of any personal property

belonging to another must be, among other
means, by means of violence against any
person.
Article 294. Robbery with violence against or intimidation of persons;
Penalties. - Any person guilty of robbery with the use of violence
against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or
on occasion of the robbery, the crime of homicide shall have
been committed.
2. The penalty of reclusion temporal in its medium period to
reclusion perpetua when the robbery shall have been
accompanied by rape or intentional mutilation, or if by reason
or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of Article 263 shall have been
inflicted; Provided, however, that when the robbery
accompanied with rape is committed with a use of a deadly
weapon or by two or more persons, the penalty shall be
reclusion perpetua to death (As amended by PD No. 767).
Article 294. Robbery with violence against or intimidation of persons;
Penalties. - Any person guilty of robbery with the use of violence
against or intimidation of any person shall suffer:

3. The penalty of reclusion temporal, when by reason or on occasion

of the robbery, any of the physical injuries penalized in subdivision 2
of the article mentioned in the next preceding paragraph, shall have
been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried
to a degree clearly unnecessary for the commission of the crime, or
when the course of its execution, the offender shall have inflicted
upon any person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum period.
ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSON: (294)
Acts punished as robbery with violence against or intimidation of persons
by reason or on occasion of the robbery, the following are committed:
• homicide
• robbery accompanied with rape or intentional mutilation, serious
physical injuries
• Serious physical injuries, lost the use of speech, hear, smell, eye, hand,
foot, arm, leg, use of any such member, incapacitated for work
habitually engaged in
• Violence/intimidation shall have been carried to a degree clearly
unnecessary for the crime or when in the cause of its execution –
serious physical injuries /deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or incapacitated for the
performance of the work for more 90 days and 30 days, respectively
• Any kind of robbery with less serious physical injuries or slight physical
injuries

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSON
Notes:
In special complex crimes:
Robbery with homicide –
if original design is robbery and homicide is
committed , robbery with homicide even though
homicide precedes the robbery by an appreciable
time.
if original design is not robbery but robbery was
committed after homicide as an afterthought, two
separate offenses.
Still robbery with homicide – if the person killed
was an innocent bystander and not the person robbed
and if death supervened by mere accident.

ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSON
Notes:
In special complex crimes:

Robbery with rape –

Intent to commit robbery must precede rape.
Prosecution of the crime need not be by offended
party – fiscal can sign the information.
When rape and homicide co-exist, rape should
be considered as aggravating only and the crime is still
robbery with homicide

ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSON
Notes:
In special complex crimes:

Robbery with intimidation –

acts done by the accused which by their own
nature or by reason of the circumstances inspire fear in
the person against whom they are directed

ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSON
Exercise :
A priest was robbed of the money, which he
carried with him at the time, and tied to a tree.
One of the robbers, fearing that he was
recognized by the priest, turned back and killed
him. What is the crime committed?

Crime of robbery with homicide is the crime

committed.
Exercise :
When the accused were coming out of the store
and were carrying away the stolen goods, the
deceased stopped and attacked them. Two or
three of the offenders returned the attack and
killed the deceased. What crime is committed

Crime of robbery with homicide. The homicide

was committed to defend the possession of the
stolen property.
Exercise :
The victim after having been deprived of his
personal property with intimidation while in a
banca, was dumped overboard and thereafter
was never heard of or seen. What crime is
committed?
Only crime of robbery. The fact of his death is
not sufficiently established, because he might
have survived by swimming to the bank of the
river.
Exercise :
Two of the offenders compelled two women,
living in the house where the robbery was
committed, to go with them. While on the way
to the place where they had their banca hidden,
the two men separated themselves from the
band and took the two women to a place near
the river where, through force and intimidation,
they raped them. Thereafter, the two men left
the women and joined their companions. What
crime is committed?
Exercise :
Robbery with rape is committed.
END OF PART 1