Art. 293. Who are guilty of robbery.

— Any In robbery, the personal property of

person who, with intent to gain, shall take another is taken by the offender against
any personal property belonging to the will of the owner
another, by means of violence or
- Robbery can only be committed by
intimidation of any person, or using force
taking personal property of another
upon anything shall be guilty of robbery.
against the latter’s will.
Robbery, defined
Taking of the personal property must be
- Is the taking of personal property unlawful
belonging to another, with intent to
- Is an essential part of the crime of
gain, by means of violence against, or
robbery, and where the taking was
intimidation of any person, or using
lawful and the unlawful
force upon anything.
misappropriation was subsequent to
Classification of robbery. such taking, the crime is estafa or
malversation.
1. Robbery with violence against, or
intimidation of persons. (Arts. 294, 297, and Unlawful taking, when complete
298)
1. As to robbery with violence against or
2. Robbery by the use of force upon things. intimidation of persons
(Arts. 299 and 302)
- From the moment the offender gains
Elements of robbery possession of the thing, even if the culprit had
no opportunity to dispose the same, the
a. That there be (1) personal property; (2)
unlawful taking is complete.
belonging to another;
2. As the robbery with force upon things
b. That there is (3) unlawful taking of that
property; - When the culprit already broken the
floor of the bodega, had entered it, and had
c. That the taking must be (4) with intent to
removed one sack of sugar from the pile, but
gain; and
was caught in the act of taking out the sack of
d. That there is (5) violence against or sugar through opening on the floor, it was
intimidation of any person, or force upon frustrated robbery only.
anything.
Taking as an element of robbery
Personal property
- Means depriving the offended party of
- The property taken must be personal ownership of the thing taken with the
property, for if real properties are character of permanency.
occupied or real rights are taken by
Intent to gain
means of violence against or
intimidation, the crime is usurpation. - Presumed from the unlawful taking of
(Art. 312) the property.
- Absence of intent to gain will make the
Belonging to another
taking of personal property grave
- The one who, by means of violence or coercion if there is violence used.
intimidation took his own property from
Violence or intimidation as an element of
depository is not guilty of robbery.
robbery
- A co-owner of the personal property
cannot be held guilty of theft or - The violence must be against the
robbery. person of the offended party, not upon
the thing taken.
 - Theft, not robbery, was committed in a Distinctions between force and violence
case where the accused with a bolo the upon persons and force upon things
strings trying the opening of a sack
1. Whenever violence against or intimidation
containing palay and then took the
of any person is used, there is always robbery.
palay.
- If there is no violence or intimidation but
Intimidation need not be threat
only force upon things, the taking of is
- Even through the effect of fear or fright, robbery only if the forced is used to either
there is still sufficient intimidation. enter the building, or to break doors,
wardrobes, chests, or any other kind of locked
Violence or intimidation must be present
or sealed furniture or receptacle inside the
before the taking of personal property is
building or to force them open outside after
complete.
taking the same from the building.
- If there is violence or intimidation at
2. In robbery with violence or intimidation of
any time before asportation is complete,
any person, the value of the personal property
the taking of personal property is
taken is immaterial.
qualified to robbery. It is not necessary
that violence or intimidation be present The penalty depends on: (a) the result of the
from the very beginning. violence used, as when homicide, rape,
- But the taking of personal property not intentional mutilation or any of the physical
be immediately after the intimidation. injuries resulted, or when less serious or
slight physical injuries were inflicted, which
“Using force upon anything”
are only evidence of simple violence, and (b)
- Will not make the taking of personal on the existence of intimidation only.
property robbery, if the culprit never
But in robbery with force upon things,
entered a house or building.
committed in an inhabited house, public
- Thus, the removing by force the tires of
building, or edifice devoted to religious
an automobile while parked on the
worship, the penalty is based (a) on the value
street and taking them away is not
of the property taken and (b) on whether or
robbery, for the culprit did not use force
not the offenders carry arms; and in robbery
to enter a house or building.
with force upon things, committed in an
Such entrance is unnecessary uninhabited building, penalty is based only on
the value of the property taken.
- When the robbery is committed by
breaking wardrobes, chests, or any If the offender exerted both violence or
other kind of locked or sealed furniture intimidation and force upon things
or receptacle inside an inhabited house,
- The law to apply is Article 294 and not
a public building or an edifice devoted
299 of the RPC, based on the theory
to religious worship, or by taking
that robbery is characterized with
furniture or objects away to be broken
violence or intimidation against the
or forced upon outside, or
person is evidently graver than ordinary
- When the robbery in an uninhabited
robbery committed by force upon
place other than a public building, or
things.
edifice devoted to religious worship, is
committed by breaking any wardrobe,
chest, or any sealed or closed furniture
or receptacle, or by removing a closed
or sealed receptacle even if the same be
broken open elsewhere.