criminal law review transcript

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Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. o Dunay 3 forms ang trespass. Simple Trespass to Dwelling (STD) Qualified Trespass to Dwelling (QTD) Other Forms of Trespass (OFT) o other form of trespass is committed by any person shall enter the closed premises or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. o Kadtong imung yuta sa probinsya, wala toy gapuyo unya imung gikural ug barbed wire, gibutangan nimug “NO TRESPASSING PRIVATE PROPERTY,” unya duna juy ni sulod, what crime? OTHER FORM OF TRESPASS. o Remember the requirements, that the estate must be fenced and there must be a manifest prohibition to enter. Dunay jud gibutang nimu, no trespassing. Imu ra gani nang gikural, the prohibition to enter is not manifest, there is no crime committed. o Kanang closed premises, example: warehouse, closed warehouse, walay tawong nagpuyo, unya misud, that would be other form of trespass. o Duna kay yuta, imung gi-closed ug fence, dunay mga saging butangan pa nimug no trespassing private property, misud jud, unya pag sud, naguhag saging, What is the crime committed? THEFT. The other form of trespass? ABSORBED. If Lubi or Butong ang gikuha QUALIFIED THEFT. Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer: The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed. If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition. o There are two (2) kinds of Grave Threats. Grave threats to commit a crime without condition

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criminal law review transcript notes

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Page 1: criminal law review transcript

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. 

o Dunay 3 forms ang trespass. Simple Trespass to Dwelling (STD) Qualified Trespass to Dwelling (QTD) Other Forms of Trespass (OFT)

o other form of trespass is committed by any person shall enter the closed premises or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

o Kadtong imung yuta sa probinsya, wala toy gapuyo unya imung gikural ug barbed wire, gibutangan nimug “NO TRESPASSING PRIVATE PROPERTY,” unya duna juy ni sulod, what crime? OTHER FORM OF TRESPASS.

o Remember the requirements, that the estate must be fenced and there must be a manifest prohibition to enter. Dunay jud gibutang nimu, no trespassing. Imu ra gani nang gikural, the prohibition to enter is not manifest, there is no crime committed.

o Kanang closed premises, example: warehouse, closed warehouse, walay tawong nagpuyo, unya misud, that would be other form of trespass.

o Duna kay yuta, imung gi-closed ug fence, dunay mga saging butangan pa nimug no trespassing private property, misud jud, unya pag sud, naguhag saging, What is the crime committed? THEFT. The other form of trespass? ABSORBED. If Lubi or Butong ang gikuha QUALIFIED THEFT.

Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.

o There are two (2) kinds of Grave Threats. Grave threats to commit a crime without condition Grave threats with condition wherein, either the condition is attained or not.

o when you say grave threats, there is a threat to commit a wrong amounting to a crime either through words or acts, upon anothers person, honor or property or the latters family.

o It is another form of extortion specially if the offender demands money.

o Grave threats to commit a crime or wrong amounting to a crime even if there is no condition, the crime committed is grave threats. Pila may penalty? Naa diha sa katapusan – mao na siyay grave threats without a condition. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition.

o Example. Patyon tika or Sunugon ko ni imung balay, or Planteran tikag shabu.

Page 2: criminal law review transcript

o The penalty could be higher if the grave threat is subjected to a condition. Example. Tagae ko ug kwarta, kung dili gani, patyun tika. If the condition is attained, the penalty would be higher, because the penalty is one degree lower from that of the crime threatened. If grave threats with condition but the condition was not attained, penalty 2 degrees lower from the penalty of the consummated stage of the crime being threatened.

o if done through intermediary or middleman or in writing.(doesn’t include text or email yet) Look at the second paragraph, If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

How do you distinguish grave threats from robbery by intimidation? diri sa grave threats, the intimidation or threat is future harm whereas in robbery through intimidation, the threat is immediate or on the spot. Like gitiunan ka nya nangayo ug kwarta.