Philippine bar exam questions 2008 (Crim.Q13)

Lucas had been the stay-in houseboy of spouses Nestor and Julia for five years. One night, while Nestor and Julia were out having dinner, Lucas and his friend Pedro gained entry into the masters’ bedroom with the use of a false key. They found Julia’s jewelry box in one of the cabinets which was unlocked. Lucas believed that Julia’s jewelry was inside the box. Unknown to Lucas and Pedro, the box was empty. Pedro took the box and left the bedroom with Lucas. They were shocked when they saw Nestor in the sala, pointing a gun at them. Nestor ordered them to stop and hand over the box. Pedro complied. It turned out that Nestor had just arrived in time to see Lucas and Pedro leaving the masters’ bedroom with the box. State with reasons, the crime or crimes, if any, Lucas and Pedro committed. (7%)