Overview
Qualified robbery that involves entering a building is governed mainly by Articles 299, 302, and 310 of the Revised Penal Code (RPC) of the Philippines, as amended by Republic Act No. 10951 (2017). These provisions distinguish robberies accomplished “by means of force upon things” (breaking, forcing doors, false keys, etc.) from those committed “with violence or intimidation of persons.” When any of the statutory qualifying circumstances in Article 310 is present—e.g., the offenders act as a band or use firearms—the basic penalty is raised by one degree.
1. Statutory Foundations
| Provision | Core Conduct | Typical Context |
|---|---|---|
| Art. 299 | Robbery in an inhabited house, public building, or place of religious worship by force upon things | e.g., breaking a window of a family home at night |
| Art. 302 | Robbery in an uninhabited place or private building by force upon things | e.g., forcing the roll-up door of a closed shop |
| Art. 310 | Qualified robbery—any robbery punished under Arts. 294–302 that is committed (1) by a band (≥ 3 armed), (2) with firearms, (3) in an uninhabited place or at night, (4) by wrongfully taking a motor vehicle as a means, etc. | Raises penalty “next higher in degree” |
Key definitions Force upon things = entry by breaking wall, roof, or floor; forcing doors or windows; using picklocks, false keys, or stolen genuine keys; or “any similar force.” Building covers fixed structures; inhabited means actually used for night-rest—even if occupants are away when the crime is committed.
2. Elements of Robbery Involving Building Entry
- Taking of personal property
- Belonging to another
- With intent to gain (animus lucrandi)
- Without the owner’s consent
- With force upon things (Articles 299/302) —or violence/intimidation (Articles 294/296)
- Entry into or attack on a building covered by Art. 299 or 302
When at least one Article 310 circumstance accompanies the act, it becomes qualified robbery and the penalty is escalated.
3. Penalties After R.A. 10951
R.A. 10951 modernized the 1932 peso thresholds. The current imposable periods (exclusive of any Article 310 increase) are:
3.1 Robbery in an Inhabited House / Public Building / Worship Edifice (Art. 299)
| Amount taken | Basic Penalty | Duration (inclusive dates) |
|---|---|---|
| > ₱1,200,000 | Prisión mayor medium to reclusión temporal minimum | 8 y 1 d – 17 y 4 m |
| ₱600,000 – ₱1,200,000 | Prisión mayor minimum | 6 y 1 d – 8 y |
| ₱20,000 – ₱600,000 | Prisión correccional medium to maximum | 2 y 4 m 1 d – 6 y |
| ≤ ₱20,000 | Arresto mayor max & accessory temporary disqualification | 4 m 1 d – 6 m |
3.2 Robbery in an Uninhabited Place / Private Building (Art. 302)
| Amount taken | Basic Penalty |
|---|---|
| > ₱1,200,000 | Prisión mayor minimum |
| ₱600,000 – ₱1,200,000 | Prisión correccional maximum |
| ₱20,000 – ₱600,000 | Prisión correccional medium |
| ≤ ₱20,000 | Arresto mayor medium |
Next-Higher-Degree Rule (Art. 310) Add one full degree when any qualifiying circumstance exists.
- Example: If Art. 299 would normally carry prisión mayor min. (6 y 1 d – 8 y), but the robbery was “by a band,” the penalty rises to prisión mayor max. (10 y 1 d – 12 y) up to reclusión temporal min. (12 y 1 d – 14 y 8 m). Courts usually apply the higher end of that overlap.
3.3 Robbery With Violence or Intimidation (Arts. 294–297) in Buildings
When the taking involves assault rather than mere force upon objects, Article 294(5) sets prisión correccional max. to prisión mayor min.; Article 310 can again elevate one degree.
4. Modifying Rules and Related Doctrines
| Concept | Effect |
|---|---|
| Indeterminate Sentence Law (Act 4103) | Court states minimum within the range of the penalty next lower in degree, and maximum within the proper range above. |
| Privileged Mitigation (e.g., minority, plea of guilty under R.A. 9344) | Lowers penalty by one degree before applying ISL. |
| Generic Aggravating (e.g., nighttime, dwelling) | May raise period to maximum, unless already constitutive of the offense (nighttime is absorbed if used to qualify under Art. 310). |
| Accessory Penalties | Prisión correccional → temporary special disqualification; prisión mayor → temporary absolute disqualification and perpetual special disqualification from the right of suffrage; reclusión temporal → same plus perpetual absolute disqualification; reclusión perpetua → same plus civil interdiction for life. |
| Good Conduct Time Allowance (RA 10592) | Up to 1/2 of sentence for exemplary conduct; non-recidivist offenders benefit most. |
| Prescription of Penalty | Prisión mayor—after 15 y; prisión correccional—10 y; arresto mayor—5 y. |
| Civil Liability | Return of property or restitution plus actual/temperate damages; moral and exemplary damages if violence, intimidation, or aggravating circumstances are proved. |
5. Illustrative Jurisprudence
| Case | G.R. No. / Date | Ratio Decidendi |
|---|---|---|
| People v. Ramirez | 225690 • 14 Mar 2018 | Applied R.A. 10951 retroactively—amount stolen P150,000 → penalty reduced from prisión mayor to prisión correccional max. |
| People v. Real | 178438 • 05 Mar 2010 | Entry by breaking window grills satisfied “force upon things” (Art. 299); night-time treated only as generic aggravating because not charged under Art. 310. |
| People v. Domingo | 126707 • 26 May 1999 | “By a band” (4 armed malefactors) converted simple robbery with violence to qualified robbery; penalty raised to reclusión perpetua. |
| People v. Abundo | 202195 • 04 Dec 2013 | Theft escalated to robbery because padlock was broken; absence of occupants did not negate “inhabited house” classification. |
6. Practical Sentencing Scenarios
Break-in at a family residence; P 900,000 jewelry; no weapons; caught on CCTV.
- Art. 299 ⇒ prisión mayor min. (6 y 1 d – 8 y)
- Mitigating plea → indeterminate sentence of 4 y 2 m – 7 y.
Four armed men storm convenience store at 2 a.m.; P 1.5 M cash; one clerk beaten.
- Art. 294 (robbery w/ violence) + Art. 310 (“band,” “night,” “firearms”) ⇒ raise to reclusión temporal max. to reclusión perpetua
- Court often imposes reclusión perpetua (30-year maximum for service-limit).
Solo burglar uses duplicate key on an unoccupied warehouse; P 30,000 spare parts.
- Art. 302 ⇒ prisión correccional medium (2 y 4 m 1 d – 4 y 2 m).
7. Key Take-Aways for Practitioners
- Classify the structure first (inhabited vs. uninhabited).
- Check the manner of entry—force upon things triggers Arts. 299–302; violence moves it to Arts. 294–297.
- Quantify the value to fix the baseline penalty under R.A. 10951.
- Scan for Article 310 qualifiers (band, firearm, night, motor vehicle); any one raises the penalty a full degree.
- Apply the Indeterminate Sentence Law and consider mitigating/ aggravating factors for calibration.
- Civil restitution is mandatory and computed apart from the criminal penalty.
Conclusion
Robbery involving entry into buildings occupies a complex niche in Philippine criminal law where property value, type of structure, mode of entry, and attendant circumstances intricately dictate the sentence. R.A. 10951’s updated peso bands now temper or aggravate liability in line with present-day realities, yet the qualifying factors in Article 310 remain potent escalators—often transforming what would have been mere prisión correccional into reclusión perpetua. Careful pleading and evidence on each element—especially the presence (or absence) of force upon things and Article 310 circumstances—remain decisive both in prosecution and defense strategy.