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Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery and punished by the penalties respectively prescribed in this Chapter.
ART.298

ELEMENTS:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or deliver any public instrument or document; and
3. That the compulsion is by means of violence or intimidation.


This article is not applicable if the document is void.

Applies even if document signed, executed or delivered is a private or commercial document.

If the violence resulted in the death of the person to be defrauded, crime is robbery with homicide and shall be penalized under Art 294 par. 1.

Art. 298 applies to private or commercial document.

Art. 298 is not applicable if the document is void.

When the offended party is under obligation to sign, execute or deliver the document under the law, it is not robbery but coercion.

Bar Exam Question (2001)

Robbery under RPC (2001)

A and B are neighbors in Barangay Nuevo I, Silang, Cavite. A is a barangay Kagawad and known to be a bully, while B is reputed to be gay but noted for his industry and economic savvy which allowed him to amass wealth in leaps and bounds, including registered and unregistered lands in several barangays. Resenting B's riches and relying on his political influence, A decided to harass and intimidate B into sharing with him some of his lands, considering that the latter was single and living alone. One night, A broke into B's house, forced him to bring out some titles and after picking out a title covering 200 square meters in their barangay, compelled B to type out a Deed of Sale conveying the said lot to him for P1.00 and other valuable considerations. All the while, A carried a paltik caliber .45 in full view of B, who signed the deed out of fear. When A later on tried to register the deed, B summoned enough courage and had A arrested and charged in court after preliminary investigation. What charge or charges should be filed against A? Explain.

Suggested Answer:

The charge for Robbery under Article 298 of the Revised Penal Code should be filed against A. Said Article provides that any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute and deliver any public instrument or document shall be held guilty of robbery. The paltik caliber .45 firearm carried by A was obviously intended to intimidate B and thus, used in the commission of the robbery. If it could be established that A had no license or permit to possess and carry such firearm, it should be taken only as special aggravating circumstance to the crime of robbery, not subject of a separate prosecution.

Alternative Answer:

On the premise that the Deed of Sale which A compelled B to sign, had not attained the character of a "public" instrument or document, A should be charged for the crime of Qualified Trespass to Dwelling under Article 280 of the Revised Penal Code for having intruded into B’s house, and for the crime of Grave Coercion under Article 286 of same Code, for compelling B to sign such deed of sale against his will.