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Possession of picklocks or similar tools, A304 Revised Penal Code

Possession of picklocks or similar tools – is an offense involving the custody or having picklocks or similar tools, and without lawful justification.

1. Concept

Possession of picklocks or similar tools – is an offense involving the custody or having picklocks or similar tools, and without lawful justification.

A picklock — a tool used in picking locks — is in itself specially adapted to the commission of robbery of the kind provided for in Articles 299 (a) 3 and 302, par. 3 of the Revised Penal Code (People v. Lopez, En Banc, G.R. No. L-18766, May 20, 1965, Per Bengzon, J.P., J.)

a. Legal basis

Article 304. Possession of picklocks or similar tools. - Any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery, shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be a locksmith, he shall suffer the penalty of prision correccional in its medium and maximum periods.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) To be in possession of picklocks or similar tools

a. Mode 1: Possession of picklocks or similar tools

Elements of the offense:

1) Possession of picklocks or similar tools specially adapted to the commission of the crime of robbery; and

2) Su...

 



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