ROBBERY

What is Robbery?

 It is the taking of personal property belonging to another, with intent to gain, by means of
violence against, or intimidation of any person, or using force upon anything.

What are the Classifications of Robbery?

1. Robbery with violence against or intimidation of persons. (Art. 294, 297, 298)
2. Robbery by the use of force upon things (Art. 299, 302)

What are the Elements of Robbery in General?

1. Personal Property
o Because if Real Property is occupied or Real right is usurped by means of violence
against or intimidation of person, the crime is Usurpation NOT Robbery
2. Belonging to Another
o A co-owner or partner cannot commit robbery or theft with regard to the co-ownership
or partnership property
o In the commission of the crime of Robbery – It is NOT necessary that the person from
whom the property is taken by means of threats and violence, shall be the owner
thereof. (Possession of the property is sufficient)
o Does the phrase “Belonging to another” in relation to the property taken, mean that the
naming of the owner is a matter of essential description of the crime?
 YES. If the crime charged is robbery with homicide in view of the capital
punishment attached to the crime.
 NO. If the crime charged is Robbery with intimidation or violence resulting only
in physical injuries, or for robbery the use of force upon things. (Name of the
owner is not essential so long as the personal property taken does not belong to
the accused)
3. Unlawful taking of that property
o Where the taking was lawful and the unlawful misappropriation was subsequent to such
taking, the crime is Estafa or Malversation.
o “Taking” means depriving the offended party of ownership of the thing taken with the
character of permanency
o Taking should not be under claim of ownership
 One who takes property openly and avowedly under claim of title proffered in
good faith is not guilty of robbery even though the claim of ownership is
untenable
o When 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 has had no opportunity to dispose of the same, the unlawful taking is
complete.
 Crime is consummated when the robber acquires possession of the property
(Even if for a short time)
 b. As to robbery with force upon things
 Theft or Robbery is consummated after the accused had taken material
possession of the thing with intent to appropriate the same, although his
act of making use of the thing was frustrated
4. With intent to gain
o GENERAL RULE: The unlawful taking of personal property belonging to another involves
intent to gain on the part of the offender.
o Cannot be established by direct evidence, except in case of confession by the accused.
o It must be deduced from the circumstances surrounding the commission of the offense.
o It is an internal act which can be established through the overt acts of the offender.
o Absence of Intent to gain will make the taking of personal property grave coercion if
there is violence used. (Art. 286)
5. Violence against or intimidation of any person or force upon anything
o Violence or Intimidation
 Must be against the person of the offended party, NOT upon the thing taken.
 Intimidation need not be threat of bodily harm: It exists when it causes the fear
or fright of the victim
 Must be present before the taking of personal property is complete. (Not
necessary from the very beginning)
 EXCEPTION: When the violence results in Homicide, Rape, Intentional
Mutilation, or any of the serious physical injuries penalized in Pars. 1&2 of Art.
263, the taking of personal property is “Robbery complexed with any of those
crimes under Article 294” EVEN IF the taking was already complete when the
violence was used by the offender.
 Taking of Personal Property need not be immediately after the intimidation
o Force upon Anything
 Use of force upon things will not make the taking of personal property robbery,
IF the culprit NEVER entered a house or a building
 Such entrance into the building is not necessary when the robbery is committed
by the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle, a public building or an edifice devoted to
religious worship, etc.…(Art 299 and 302)
o When Violence/Intimidation and with use of force upon things are both present –
Penalty imposed is Robbery with violence/intimidation in its maximum period.
 REASON: There is greater disturbance of the order of society and the security of
the individual

ANTI CARNAPPING ACT OF 2016

What is the New Anti-Carnapping Act of 2016 or R.A. No. 10883?

 It is a Special Law that particularly addresses the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means of violence against or
intimidation of persons or by using of force upon things.

What is “Motor Vehicle” defined in R.A. 10883?

  Refers to any vehicle propelled by any power other than muscular power using the public
highways
 Except:
o Road rollers
o Trolley Cars
o Street Sweepers
o Sprinklers
o Lawn Mowers
o Bulldozers
o Etc. (See Sec. 2 R.A. No. 10883)
 Tricyle is covered by the term “Motor Vehicle”

What are the penalties in the new Anti-Carnapping Act of 2016?

1. Imprisonment for not less than 20 years and 1 day but not more than 30 years – When
committed without violence/intimidation or force upon things
2. Imprisonment for not less than 30 years and 1 day but not more than 40 years – When
committed by means of violence/intimidation or force upon things
3. Life Imprisonment – When the owner, driver, or occupant of the carnapped motor vehicle is
killed or raped in the commission of the crime.

NOTE: Carnapping is a NON-BAILABLE Offense

NOTE: Where carnapping is not proved, the homicide or murder is punishable under the R.P.C

SECTION 1 – ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

ART. 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

What are the Penalties for the crime of robbery with violence against or intimidation of persons?

1. Reclusion Perpetua to death – When the crime of Homicide shall have been committed; or when
the robbery shall have been accompanied by rape or intentional mutilation or arson
2. Reclusion Temporal in its medium period to Reclusion Perpetua – With Physical injuries
penalized in subdivision 1 of Article 263 shall have been inflicted (insanity, imbecility, impotency
or blindness)
3. Reclusion Temporal – With Physical injuries penalized in subdivision 2 of Article 263 shall have
been inflicted (lost the use of speech or the power to hear or to smell, or shall have lost an eye,
a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have
become incapacitated for the work in which he was therefor habitually engaged)
4. Prision Mayor in its maximum period to Reclusion Temporal in its medium period –
Violence/Intimidation shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the offender shall have inflicted
upon any person not responsible for its commission any of the physical injuries covered by
subdivisions 3 and 4 of Art. 263 (shall have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the
 performance of the work in which he as habitually engaged for a period of more than ninety
days; shall have caused the illness or incapacity for labor of the injured person for more than
thirty days.)
5. Prision Correcional in its maximum period to prision mayor in its medium period – Other cases

What does “On the Occasion” or “By reason” of the robbery means?

 It means that the Serious Physical injuries defined in Pars. 1 and 2 of Article 263 must be
committed in the course or because of the robbery
 Homicide is said to have been committed by reason or on the occasion or robbery if it is
committed to:
a. Facilitate the robbery or the escape of the culprit
b. To preserve the possession by the culprit of the loot
c. To prevent discovery of the commission of the robbery
d. To eliminate witnesses to the commission of the crime

Art. 294, Paragraph 1: Robbery with Homicide (Special Complex Crime)

What is Homicide? (Robbery with Homicide)

 To be understood in its generic sense (Includes Parricide and Murder)

 No Robbery with Double Homicide (Only one penalty regardless of the number of persons killed)
 No such crime as Robbery with Murder
 Robbery with homicide in dwelling does not require that robbery with force upon things is first
committed
 An intent to take personal property belonging to another with intent to gain must precede the
killing
 Homicide may precede robbery or may occur after robbery
 Victim of the robbery need not necessarily be the victim of homicide
 There is robbery with homicide even if the death of a person supervened by mere accident
 When homicide is not proved, crime is only robbery, vice-versa
 Liability For Accessory: Their complicity must accordingly be limited to the robbery not with the
killing
 Liability For Principal: All who participated in the robbery as principals are principals in robbery
with homicide

Art. 294, Paragraph 2: Robbery with Rape (Special Complex Crime)

When is Rape committed on the occasion of the robbery?

 Usually committed when while some robbers are ransacking for personal property in the house,
the other is raping a woman in the same house.
 Offender must have the intent to take the personal property belonging to another with intent to
gain, and such intent must precede the rape

Is there still robbery with rape even if the rape was committed in another place?

 Yes. It is not necessary that the rape be committed prior to or simultaneously with the robbery.
  NOTE: But if the rape is committed against a woman in a house other than that where the
robbery is committed, the rape should be considered a separate offense.

Commission of the crime of robbery with Rape

 No such crime as robbery with ATTEMPTED rape

What if the crime of rape was committed before taking personal property?

 It is still robbery with rape.

 To be liable for the special complex crime of robbery with rape the intent to take personal
property must precede the rape (There must be intent to take personal property from the
beginning; Rape was not the primary objective)

When is Robbery and Rape considered as separate crimes?

 If the original plan was to rape but the accused after committing rape also committed robbery
when the opportunity presented itself, the offenses should be viewed as separate and distinct
 When the taking of personal property of a woman is an independent act following defendant’s
failure to consummate the rape. There are 2 distinct crimes committed: Attempted rape and
Theft

NOTE: Additional rapes committed on the same occasion of robbery will not increase the penalty

NOTE: When the taking of property after the rape is not with intent to gain, there is neither theft nor
robbery committed

What is the Civil liability for robbery with rape?

 Accused should pay the offended party the value of the stolen property and indemnify the
offended woman for damages
 Set at P100,000
 Concerning the acknowledge and support of the offspring of rape: Art. 345 of the RPC

What happens when rape and homicide co-exist in the commission of robbery?

 Crime is Robbery with homicide and rape under Par.1 Art 294, the rape to be considered as an
aggravating circumstance only.

Art. 294, Paragraph 3: Robbery with Serious Physical Injuries

Art. 294, Paragraph 4: Robbery with Unnecessary Violence and Intimidation

Does violence shall result to serious physical injuries?

 No. All that the first clause in Par. 4, Art. 294 requires is that the violence be UNNECESSARY for
the commission of the robbery

NOTE: When the violence or intimidation is necessary, par. 4 of Art.294 is not applicable

NOTE: The serious physical injuries defined in subdivisions 3 and 4 of Article 263, inflicted in connection
with the robbery, must be inflicted “in the course of its execution”
  If they were inflicted after the taking of the personal property had been complete, the serious
physical injuries mentioned should be considered as Separate offense

What are the Requisites of robbery under the second case of Paragraph 4 of Art. 294?

1. That any of the physical injuries defined in Pars. 3&4 of Article 263 was inflicted in the course of
the robbery ‘
2. That any of them was inflicted upon any person not responsible for the commission of the
robbery

Art. 294, Paragraph 5: Simple Robbery

Why is it called as Simple Robbery?

 Because the use of violence against any person does not result in homicide, rape, intentional
mutilation, or any of the serious physical injuries defined in Art. 263, which may give rise to
special complex crime
 When the injury inflicted upon the offended party on the occasion of robbery can be qualified
only as less serious physical injuries or slight physical injuries – Crime is that defined and
penalized in Par. 5, of Art. 294
 There is violence, even if the physical force employed by the offender merely consists in his
pushing the victim

Should Violence or Intimidation be present before or at the exact moment when the object is taken?

 No. Violence/Intimidation may enter at any time before the owner is finally deprived of his
property.
 REASON: Asportation is a complex fact, a whole divisible into parts, a series of acts, in the course
of which personal violence or intimidation may be injected.

Difference between Robbery through Intimidation and Threats to Extort Money

Robbery through Intimidation Threats to Extort Money

Intimidation is Actual and Immediate
Intimidation is Personal
Intimidation is directed only to the person of the
victim
Gain of the Culprit is immediate
Intimidation is condition or future
May be through an intermediary
Intimidation may refer to the person, honor, or
property of the offended party or that of his
family
Gain of the Culprit is not immediate

Difference between Robbery with Violence and Grave Coercion

1. Both crimes, there is violence used by the offender

2. Robbery – there is intent to gain; Grave Coercion – No intent to gain
Difference between Robbery and Bribery

Robbery Bribery
Transaction is neither voluntary nor mutual Transaction is voluntary or mutual
Victim is deprived of his money or property by He parts with his money or property in a sense
force or intimidation voluntarily

ARTICLE 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A
BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY

What is the penalty attached to Article 295?

 Maximum Period of the Proper Penalties of Art. 294 (Subdivisions 3,4, and 5)

When is robbery with Violence against intimidation of persons qualified?

 If any of the offenses defined in Subdivisions 3,4, and 5 of Art. 294 is committed –
1. In an uninhabited place
2. By a band
3. By attacking a moving train, streetcar, motor vehicle, or airship, or
4. By entering the passenger’s compartments in a train, or in any manner taking the
passengers thereof by surprise in the respective conveyances
5. On a street, road, highway, or alley, and the intimidation is made with the use of firearms,
the offender shall be punished by the maximum periods of the proper penalties prescribed
in Art. 294

NOTE: It must be alleged in the information and proved during the trial

NOTE: Being qualifying, it cannot be offset by a generic mitigating circumstance.

NOTE: Article 295 is inapplicable to Subdivisions 1&2 of Article 294.

ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF

What is the outline of Article 296?

1. When atleast 4 armed malefactors take part in the commission of the robbery, it is deemed
committed by a band.
2. When any of the arms used in the commission of robbery is not licensed, the 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.
o Clubs are considered arms.
o In addition to his criminal liability for robbery by a band, the accused is also liable for
unlawful possession of firearm which is penalized by R.A. No. 10951. (Page 872-874)
3. Any member of a band who was present at the commission of a robbery by the band (does not
include principal by inducement), shall be punished as principal of any of the assaults committed
by the band, unless it be shown that he prevented the same.
 o When the robbery was not committed by a band, the robber who did not take part in
the assault is not liable for that assault.
o BUT when there is conspiracy to commit homicide and robbery, all the conspirators,
even if less than four armed men, are liable for the special complex crime of robbery
with homicide.
o Proof of conspiracy is not necessary when four or more armed persons committed
robbery
o There is no crime as “Robbery with Homicide in Band”

ARTICLE 297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER

CERTAIN CIRCUMSTANCES

What is the penalty in Art. 297?

 By reason or on occasion of an attempted or frustrated robbery a homicide is committed –

Punishable by reclusion temporal in its maximum period to reclusion perpetua unless the
homicide committed shall deserve a higher penalty (Example: Killing of the victim is qualified by
treachery or relationship)

NOTE: There is only one crime of attempted robbery with homicide even if slight physical injuries were
inflicted on other persons on the occasion or by reason of the robbery

ARTICLE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

What are the elements of Art. 298?

1. That the offender has intent to defraud another

2. That the offender compels him to sign, execute, or deliver any public instrument or document
3. That the compulsion is by means of violence or intimidation

“Shall be held guilty of robbery and punished by the penalties respectively prescribed in this chapter”

 If the violence used resulted in the death of the person to be defrauded – Crime is robbery with
homicide; Penalty: Par.1, Art. 294
 If the execution of deeds by means of violence is only in the attempted or frustrated stage and
the violence used resulted in the death of the person to be defrauded – Penalty: Article 297

Must the document be public?

 No. The adjective “Public” must therefore describe the word “instrument” only. Hence, this
article applies even if the document signed, executed, or delivered is a private or commercial
document.

NOTE: Art. 298 is not applicable if the document is void

SECTION 2 – ROBBERY BY THE USE OF FORCE UPON THINGS

When is Robbery by the use of force upon things committed?

1. The offender entered a house or building by any of the means specified in Art. 299 or Art. 302
2. Even if there was no entrance by any of those means, he broke a wardrobe, chest, or any other
kind of locked or closed or sealed furniture or receptacle in the house or building, or he took it
away to be broken or forced upon outside

What are the 2 kinds of robbery with force upon things?

1. Robbery in an inhabited house or public building or edifice devoted to religious worship (Art.
299)
2. Robbery in an uninhabited place or in a private building (Art. 302)

ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR

EDIFICE DEVOTED TO RELIGIOUS WORSHIP

Article 299 provides for two modes of committing robbery with force upon things

Under Subdivision A:

What are the elements under Subdivision A?

1. That the offender entered (a) an inhabited house or (b) public building or (c) edifice devoted to
religious worship
o The whole body of culprit must be inside the building to constitute entering
o There must be evidence, or the facts must show that the accused entered the dwelling
house or building
o Must have an intention to take personal property
o Inhabited house – Any shelter, ship, or vessel constituting the dwelling of one or more
persons even though the inhabitants thereof are temporarily absent therefrom when
the robbery is committed
o Public Building – every building owned by the government or belonging to a private
person but used or rented by the government although temporarily unoccupied by the
same
2. That the entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress.
o Ex: Through a window or a hole through the wall
b. By breaking any wall, roof, or floor or breaking any door or window.
o Forced used in this means must be actual
o Wall must be an outside wall (Because the breaking must be for the purpose of
entering)
o Outside door must be broken
c. By using false keys, picklocks or similar tools.
o False keys – Genuine keys stolen from the owner or any keys other than those intended
by the owner for use in the lock forcible opened by the offender (Must be stolen, not
taken by force or with intimidation, from the owner)
 o Picklocks or similar tools – Those specially adopted to the commission of the crime of
robbery
d. By using any fictitious name or pretending the exercise of public authority.
o Takes place when the robbers represented themselves as detectives by displaying metal
badges similar to those worn by regular police officers and once inside, took the money
of the offended party.
3. That once inside the building, the offender took personal property belonging to another with
intent to gain

Under Subdivision B:

What are the elements under Subdivision B?

The robbery be committed under any of the following circumstances:

1. that the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it;
2. That the offender takes personal property belonging to another, with intent to gain, under any
of the following circumstances:
a. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture
or receptacle;
b. By taking such furniture or objects to be broken or forced open outside the place of the
robbery.

ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND

What are the 2 qualifications?

1. Uninhabited Place
2. By a band
PENALTY: Maximum period of the penalty provided therefor
NOTE: The inhabited house, public building, or edifice devoted to religious worship must be
located in an uninhabited place.

ARTICLE 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING DEDICATED TO

RELIGIOUS WORSHIP AND THEIR DEPENDENCIES

What are Dependencies of an inhabited house, public building, or building dedicated to religious
worship?

 All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other
departments or inclosed places contiguous to the building or edifice, having an interior entrance
connected therewith, and which form part of the whole.

ARTICLE 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING

What are the elements of Art. 302?

 1. That the offender entered an uninhabited place or a building which was not a dwelling house,
not a public building, or not an edifice devoted to religious worship.
2. That any of the following circumstances was present:
a. If the entrance has been effected through any opening not intended for entrance or egress.
b. If any wall, roof, flour or outside door or window has been broken.
c. If the entrance has been effected through the use of false keys, picklocks or other similar
tools.
d. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken.
e. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed even if the same to broken open elsewhere.
3. That with intent to gain, the offender took therefrom personal property belonging to another

NOTE: Penalty is based only on value of property taken.

ARTICLE 303. ROBBERY OF CERALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR

PRIVATE BULDING

 Penalty is one degree lower when cereals, fruits, or firewood are taken in robbery with force
upon things

ARTICLE 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

What are the elements of Art. 304?

1. That the offender has in his possession picklocks or similar tools.

2. That such picklocks or similar tools are specially adopted to the commission of the robbery
3. That the offender does not have lawful cause for such possession

NOTE: It is not necessary that the picklocks or similar tools are actually used to commit robbery

What is the liability of the Locksmith?

 Higher penalty
 If not a locksmith, penalty is the same as that for a mere possessor (Arresto Mayor in its
maximum period to prision correctional in its minimum period)

ARTICLE 305. FALSE KEYS

What does the term “False Keys” include?

1. Tools mentioned in Art. 304

2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender

NOTE: Mere possession of false keys under Par. 2&3 is not punishable.