The property taken must be personal property,for if real property is occupied or real rightis usurped by means of violence against orintimidation of person, the crime isUSURPATION. The phrase “belonging to another” means thatthe property taken does not belong to theoffender. The person from whom theproperty is taken need not be the owner.
Possession of the property issufficient
of personal property is anessential part of the crime of robbery.Where the taking was lawful and theunlawful misappropriation was subsequentto such taking, the crime is ESTAFA orMALVERSATION.
UNLAWFUL TAKING – when complete?
a)as to robbery with violence against orintimidation of persons
from the moment theoffender gains possession
of thething, even if the culprit has had noopportunity to dispose of the sameb)as to robbery with force upon things
the thing must betaken out of the building, or theplace broken into, to consummatethe crime (note: this is purelybased on reyes’s opinion)“Taking” as an element of robbery, meansdepriving the offended party of ownershipof the thing taken with the character of
Intent to gain is presumed from theunlawful taking of personal property.
Absence of intent to gain will make the takingof personal property GRAVE COERCION if there is violence used. The element of “personal property belonging toanother” and that of “intent to gain” mustconcur. The violence, as an element of robbery, mustbe against the
of the offendedparty, not upon the thing taken.As for intimidation, it need not be threat of bodily harm. It could be a threat of payinga fine or closing the offended party’s shop.
The violence or intimidationmust be present
the taking of personal property is complete. It is notnecessary that violence of intimidationshould be present from the very beginning.
When the violence results in– (1) homicide, (2) rape, (3) intentionalmutilation, or (4) any of the seriousphysical injuries under par 1 & 2 of Art 263– the taking of personal property is robberycomplexed with any of those crimes underArt 294, even if the taking was alreadycomplete when the violence was used bythe offender.
Distinctions between effects of employment of violence against or intimidation of person and those of use of force upon things:
Whenever violence against or intimidationof any person is used, the taking of personal property belonging to anotheris
robbery. If only force uponthings, the taking is robbery
theforce is used either to enter thebuilding or to break doors, wardrobes,chests or any other kind of locked orsealed furniture or receptacle insidethe building or to force them openoutside after taking the same from thebuilding.In robbery with violence against orintimidation of any person, the value of the personal property taken isimmaterial. The penalty depends (a)on the result of the violence used iehomicide, rape, intentional mutilationetc, and (b) on the existence of intimidation only. In robbery with forceupon things, committed in an inhabitedhouse, public building, or edificedevoted to religious worship, thepenalty is based (a) on the value of theproperty taken, and (b) on whether ornot the offenders carry arms. If committed in an uninhabited building,the penalty is based only on the valueof the property taken.
Napolis vs. CAFacts:
Nicanor Napolis, with several co-accused, enteredthe house of the Penaflor spouses by breaking a wall of astore, and forcing the door of the house adjacent to thestore open. Once inside, the accused used violence againstthe husband and initimidation against the wife, enablingthem to get away with P2557 in cash and goods. They wereconvicted of robbery by armed men in an inhabited place.
: The crime is considered a complex one under Art 48,where the penalty for the most serious offence in its maxperiod should be imposed. Otherwise, there will exist anabsurd situation where the concurrence of a graver offenceresults in the reduction of the penalty.
People vs. Biruar
There is no law or jurisprudence which requires thepresentation of the thing stolen in order to prove that ithad been taken away.
People vs. Salas
C2005 Criminal Law 2 Reviewer109