Criminal Law Book 2 Lecture

Title X: Crimes Against Property

So we are now in Title X, Crimes Against Property. The first of this is robbery.

Robbery is committed by any person who, with intent to gain shall take a personal property belonging to
another by means of violence against or intimidation of persons or force upon things. So the elements of
robbery are:
1
st
: That the person takes the personal property of another;
2
nd
: That the said taking is done with intent to gain;
3
rd
: That the said talking is done either with violence or intimidation of persons or by use of force
upon things.

So the first element requires that there must be taking of personal property. So the subject of robbery is
personal property. If the subject of the said taking is real property, the crime is under Art. 312 (usurpation
of real property or usurpation of real rights to property). So in robbery as we as in theft, the subject of the
taking is a personal property. The personal property must belong to another person. The reason is that, the
second element requires that there must be intent to gain. If the offender takes a personal property which
he believes it is his own property, then robbery or theft is not committed. Therefore, there is no intent to
gain.

INTENT TO GAIN is an internal state of the mind. So how is it determined? The fact that the offender
takes the property of another without asking the consent of the owner or the possessor thereof, the law
presumes that the taking was done with intent to gain.

Robbery may be committed in two ways; either with violence or intimidation of persons or by use of
force upon things. In case of violence or intimidation of persons under Art. 294, the value of the property
taken is not material. The reason is that, the penalty is dependent on the violence inflicted on the offended
party. In case of robbery with use of force upon things under Art. 299, the value of the property taken is
material. The reason is that, the penalty would be dependent on the value of the property taken.