Article 302. Robbery In An Uninhabited Place Or In A Private building
On Criminal Law
Article 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.
This article covers the second kind of robbery with force upon things.
Uninhabited place under this article is an uninhabited building w/c is not a dwelling house, public building, or edifice for worship. Ex. warehouse, freight car, store.
Robbery under this article is committed in the same manner as in Art. 299 (Robbery in inhabited house, public building, and edifice devoted to religious worship) except that what was entered into was
an uninhabited place or a building. other than the 3 mentioned in Art. 299. The use of a fictitious name or pretending that the exercise of public authority is not included in this article.
The breaking of a padlock but not of the door is only theft.
Building - includes any kind of structure used for storage or safekeeping of personal property, such as (a) a freight car, and
(b) warehouse.
Entrance through an opening not intended for entrance or egress is not necessary if there is breaking of wardrobe, chest, or sealed or closed furniture or receptacle, or removal thereof to be broken open elsewhere.
Breaking a padlock is use of force upon things.
Use of a fictitious name or pretending the exercise of public authorities is not covered under this article.
The receptacle must be “closed” or “sealed”.
Penalty is based only on the value of the property taken.