CRIMES AGAINST PROPERTY
 ROBBERY
 THEFT
 ESTAFA
 MALICIOUS MISCHIEF
 ARSON
Classifications of Robbery
1. Robbery with Violence against, or
intimidation of persons; and
2. Robbery by use of Force upon things
Elements of Robbery in General
1. There is a PERSONAL property
belonging to another;
2. There is unlawful TAKING of that
property;
3. The taking must be with Intent to gain;
and
4. There is:
a. Violence against or intimidation of
any person; or
b. Force used upon things
There is a Personal property belonging to
another
a. Property taken must be personal
– if real property/right is the one
usurped, the crime is usurpation
b. Prohibitive articles may be the subject
of a Robbery
c. Person from whom the personal
property taken need not be the owner
- possession of the property is
sufficient.
d. Co-owner or Partner cannot commit
Robbery.
There is unlawful Taking of that property
Taking - Depriving the offended party of
ownership of the thing taken with the character
of permanency
Unlawful taking is complete:
a. As to Robbery with Violence against or
Intimidation of Persons
- From the moment the offender
gains possession of the thing, even
if the culprit had no opportunity to
dispose the same.
b. As to Robbery with Force Upon Things
- The thing must be taken out of the
building to consummate the crime
The taking must be with Intent to gain
Intent to Gain is PRESUMED
- Intent to gain is presumed from the
unlawful taking of personal
property belonging to another,
unless taken with the belief that it
was his own.
“Personal Property belonging to Another” +
“Intent to Gain”
a. If the accused, with intent to gain, took
from another, personal property which
turned out to be his own property, the
property not belonging to another, he
cannot be held liable for robbery;
b. If he took personal property from
another, believing that it was his own
property, but in reality it belonged to
the offended party, there being no
intent to gain, he cannot be held liable
for robbery.
General Rule: Violence or intimidation must be
present before the taking of personal property
is complete.
Exception: When violence results in:
a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries
Effect When Both Violence or Intimidation and
Force UPON Things are Present
- The crime is robbery with violence
against or intimidation of persons
SPECIAL COMPLEX CRIMES OF ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS
Punishable Acts:
1. When by reason or on occasion of the
robbery, the crime of Homicide is
committed;
2. When the robbery is accompanied by
Rape or intentional mutilation or arson;
3. When by reason or on occasion of such
robbery any of the physical injuries
resulting in Insanity, imbecility,
impotency or blindness is inflicted;
4. When by reason or on occasion of
robbery, Serious Physical injuries is
inflicted
Robbery with Homicide
Robbery must be the Main Purpose
- The robbery was the main purpose
and objective of the criminals and
that the killing was merely
incidental, resulting merely by
reason or on the occasion of the
robbery.
Absorption of Other Felonies Committed
- All the felonies committed by
reason of or on the occasion of the
robbery are integrated into one and
indivisible felony of robbery with
homicide
When Not Complexed
There will be two separate crimes of homicide
or murder and robbery:
1. When homicide was not committed by
reason of or on occasion of the robbery
2. When intent to take was merely an
afterthought; such as when the idea of
taking the personal property of another
with intent to gain came to the mind of
the offender after he had killed the
victim.
Covers Multiple Killings
- The concept of robbery with
homicide does not limit the taking
of life to one single victim.
All Participants Are Principals
- All those who took part as principals
in the robbery would also be held
liable as principals of the single and
indivisible felony of robbery with
homicide.
Exception: When it clearly appears that one or
some of them endeavoured to prevent the
same.
Robbery with Rape
- Like in robbery with homicide, the
offender must have the intent to
take the personal property
belonging to another with intent to
gain, and such intent must precede
the rape.
Covers Multiple Rapes
- All rapes are merged in the
composite integrated whole that is
robbery with rape and it does not
matter whether the rape occurred
before, during or after the robber
Robbery with Arson
- In robbery with arson, it is essential
that the robbery precedes the
arson.
- There must be an intent to commit
robbery, and no killing, rape or
intentional mutilation should be
committed in the course of the
robbery, or else arson will only be
considered as an aggravating
circumstance
Robbery with Serious Physical Injuries
- Any injuries not under Art. 263 or
not serious in nature will fall under
a Simple Robbery
Simple Robbery
- This involves slight or less serious
physical injuries, which are
absorbed in the crime of robbery as
an element thereof
Robbery with Physical Injuries Committed in an
Uninhabited Place and by a Band or With the
Use of a Firearm on a Street, Road or Alley Art.
295
Uninhabited place
- One where there are no houses at
all, a place at a considerable
distance from the town, or where
the houses are scattered at a great
distance from each other.
Band
- When at least 4 (more than 3)
armed malefactors take part in the
commission of a robbery, it is
deemed committed by a band.
Rules on Band
- When any of the arms used in the
commission of robbery is not
licensed, penalty upon all the
malefactors shall be the maximum
of the corresponding penalty
provided by law, without prejudice
to the criminal liability for illegal
possession of such firearms.
- Any member of a band who was
present at the commission of a
robbery by the band, shall be
punished as Principal of any of the
assaults committed by the band,
unless it be shown that he
attempted to prevent the crime.
Requisites for Liability for the Acts of Other
Members:
1. He was a Member of the band.
2. He was Present at the commission of a
robbery by that band.
3. Other members of the band committed
an Assault.
4. He did not attempt to PREVENT the
assault.
Execution of Deeds by Means of Violence or
Intimidation Art. 298
Elements:
1. Offender has Intent to defraud another;
2. Offender COMPELS him to sign,
execute, or deliver any public
instrument or document; and
3. Compulsion is by means of Violence or
Intimidation.
ROBBERY BY THE USE OF FORCE UPON THINGS are temporarily although temporarily
absent therefrom unoccupied by the
Robbery by the use of force upon things is when the robbery is same.
committed only when either: committed.
1. Offender entered a house or building by
any of the means specified Mode 1: Entering Effected Through Force
2. Even if there was No entrance by any of Rules:
those means, he broke a wardrobe,
chest, or any other kind of locked or 1. Offender must "enter the house or
closed or sealed furniture or receptacle building in which the robbery is
in the house or building, or he took it committed."
away to be broken or forced open The whole body must enter the building
outside. or house.
2. There must be intention to take
Robbery in an Inhabited House/Public Building personal property.
or Edifice Devoted to Worship Art. 299 3. Means enumerated must be used to
Mode 1: Entering Effected Through Force enter the house.

Elements: False Keys

1. Offender Entered: - The genuine key must be stolen,

a. An inhabited House; or not taken by force or with
b. Public Building intimidation, from the owner.
c. Edifice devoted to Religious worship - Otherwise, the crime would be
2. Entrance was effected by any of the robbery with intimidation of
following means: persons.
a. Through an Opening not intended Mode 2: Acquisition of Property through Force
for entrance or egress;
b. By Breaking any wall, roof, or floor, Elements:
or door or window; 1. Offender is INSIDE a dwelling house,
c. By using False keys, picklocks or public building, or edifice devoted to
similar tools; or religious worship, regardless of the
d. By using any fictitious Name or circumstances under which he entered
pretending the exercise of public it.
authority. 2. Offender takes personal property
3. Once inside the building, offender Took belonging to another, with intent to
personal property belonging to another GAIN, under any of the following
with intent to gain. circumstances:
INHABITED HOUSE PUBLIC BUILDING a. Breaking of doors, wardrobes,
Any shelter, ship or Every building owned chests, or any other kind of locked
vessel constituting by the Government or sealed furniture or receptacle; or
the dwelling of one of belonging to a b. Taking such furniture or objects
or more persons private person but away to be broken or forced open
even though the used or rented by the outside the place of the robbery.
inhabitants thereof Government,