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ROBBERY intent to charge the bailee with its

Elements value
1. Taking of personal property
2. Belonging to aother  Possession of property is sufficient, person from whom personal
3. Unlawful taking of the property property is taken need not be the owner
4. Intent to gain  Naming of owner
5. Violence against or intimidation of any person o robbery with homicide – essential (in view of capital
6. Force upon anything punishment attached)
o robbery with violence or intimidation – not essential when it
What kind of things may be taken to fall under robbery?
results only in physical injuries
 Personal property o robbery with force upon things – not essential so long as
o Not personal property : real property is occupied or real right personal property taken belongs to the owner
is usurped by means of violence against or intimidation  Taken against the will of owner
against person is usurpation
o Not robbery even if with intent to gain
 Prohibited articles : opium ;
NOT
o police officers conspired together with Chinese to obtain
Received
possessin of opium by means of intimidation without causing
prosecution Delivered package containing article to
B, B refused to return and threatened to
Means employed? kill giver. B not liable for robbery since
 Violence (person) it was delivered and not taken by him
 Intimidation (person) (even with intent to gain)
 Force (upon anything)  Taken unlawfully
NOT Estafa/ malversation :
Note on THINGS Secret service agent who made lawful taking + unlawful
serach and seized money in malversation
 Must belong to another dwelling house upon lawful
NOT YES orders from superior
Took his own property from Committed from a bailee or from a
depository person who himself has stolen it Consummated unlawful taking when:

Person being a co-owner or Taking clothing from the body of With violence against or With force upon things
partner with regard to co- dead person intimidation of person
ownership or proeprty
Owner of property takes it form the
possession of a bailee with the