DISCUSSION 27

Let us discuss now the different crimes under Title Ten or those crimes
that are considered as Crimes against Property.

We have Robbery (Art. 293)- This is committed if the following elements

are present:
(a) Intent to gain or gusto magkarooan ng material na bagay;
(b) Unlawful taking o yun pagkuha na hindi ayon sa batas;
(c) Personal property belonging to another o yun isang bagay na
pagaari ng ibang tao;
(d) Violence against or intimidation of any person or force upon things
o paggamit ng pwersa or pananakot sa biktima.
In the crime of robbery, the taking of personal property belonging to
another must be unlawful or illegal and it is accompanied with violence or
intimidation. Example: Juan pointed gun to Jose and told the latter to give
his money or else something bad will happen to him.
What are the two kinds of robbery?
a) Robbery with violence against or intimidation of person (Which is
discussed above); and
b) Robbery with force upon things
In robbery with force upon things, this is committed if the offender, with
the intention to rob, broke the window or door or anything in order to gain
entry or para makapasok sa isang bahay. Example: Jorge destroyed the
padlocked of the door and afterwards, he entered the house and took all
the valuable things inside.
What if somebody died while a robbery is being committed, what is the
crime committed? The crime is special complex crime of Robbery with
homicide.
What crime is committed if the object that was taken was a motor vehicle?
The crime is not robbery, even if committed with violence or force, but
CARNAPPING under RA 6539.
Who are Brigands? This is defined under Art. 306 of the RPC, which
provides that “When more than three (3) armed persons form a band of
robbers for the purpose of committing ROBBERY in the highway, or
KIDNAPPING persons for the purpose of extortion or to obtain ransom or
for any other purpose to be attained by means of force and violence, they
shall be deemed highway robbers or brigands.
Most of the time you can see this crime being committed in the highway
and their usual targets are public vehicles like buses.

What is the crime of Theft (Art. 308)- This is committed by any person
who, with intent to gain but without violence against or intimidation of
persons nor force upon things, shall take personal property of another
without the latter’s consent.

The crime of theft happens if the unlawful taking of personal property

belonging to another is not accompanied with violence, force or
intimidation. Example: A saw a cellphone on top of the table. Instantly, A
got interest on it and took it secretly. A is liable of theft.
The above example is the typical case of theft, because theft can also be
committed through any of the following;
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner.
Ito yun nakapulot ka ng isang bagay at hindi mo isinuli sa may ari o
sa authorities

2. Any person who, after having maliciously damaged the property of

another, shall remove or make use of the fruits or objects of the
damage caused by him. Example: Pagkatapos mong sirain yun isang
sasakyan bigla kang nagkainteres doon sa piyesa na nasira at ito ay
kinuha mo.
3. Any person who shall enter an enclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall gather
fruits, cereals, or other forest or farm products.

Ito yun pagpasok sa isang lote or lupa na may bakod at pagkatapos

ikaw ay nanguha ng bungang kahoy, o nangaso o nangisda ng
walang paalam sa may ari ng lupa.