CRIMES AGAINST PROPERTY

Art. 293 - Who are Guilty of Robbery

Elements:
a. There is a personal property belonging to another
b. There is unlawful taking of that property
c. The taking must be with intent to gain
d. There is violence against or intimidation of any person, or force upon anything

Art. 294 - Robbery with Violence Against or Intimidation of Persons

Acts Punished
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 of 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, any of the physical injuries resulting in the loss of the use of
speech or the power to hear or to smell, or the loss of any eye, a hand, a foot, an arm, or a leg or the loss
of the use of any such member or incapacity for the work in which the injured person is heretofore
habitually engaged
5. If the violence or intimidation employed in the commission of the robbery is carried to a degree
unnecessary for the commission of the crime
6. When in the course of its execution, the offender shall have inflicted upon any person not responsible for
the commission of the robbery any of the physical injuries of which the person injured becomes
deformed or loses any other part of his body or loses the use thereof or becomes ill or incapacitated for
the performance of the work in which he is habitually engaged for more than 90 da7s or the person
becomes ill or incapacitated for labor for more than 30 days
7. If the violence employed by the offender does not cause any of the serious physical injuries defined in art
364, or if the offender employs intimidation only

ROBBERY WITH HOMICIDE

The crime is Robbery with Homicide when by reason or on occasion of the robbery the crime of homicide is
committed. Provided, however, that the robbery is consummated. This is a special complex crime or single
indivisible offense or a composite crime. There is no such crime as Robbery with Double Homicide or Robbery
with Multiple homicide or murder. As long as there is only one robbery regardless of the number of persons
killed the crime is still called Robbery with Homicide.

Note:
a) There is Robbery with Homicide when the victim of the robbery is killed. There is robbery with homicide even if
another person who is not the victim is killed.
b) There is Robbery with Homicide even if an innocent bystander and not the person robbed is killed.
c) There is Robbery with Homicide if a responding officer is killed.

The law does not require that the victim of the robbery be also the victim of homicide. The term “Homicide” is
used in its generic sense to include any and all kinds of killing. Thus, any kind of killing by reason or on the
occasion of robbery will bring about the special complex crime of Robbery with Homicide. This is true even if the
victim was murdered, or the victims are 2 or more even if the victim is less than 3 days old. But if the victim of
robbery gives a fight and ills the robber in the process to protect himself, this provision does not apply. It applies
to the robbers who commit the crime.

ROBBERY WITH RAPE (EVEN IF THER IS ARSON OR RAPE) – when in the course of the robbery someone is
killed but rape and arson are also committed the crime is still Robbery with Homicide. The rape and arson can be
appreciated as an aggravating circumstance.

ROBBERY WITH RAPE – when the main purpose is to commit robbery and rape is also committed, the crime
committed is Robbery with Rape. When the purpose is to commit rape but robbery is also committed there are 2
separate crimes of Rape and Robbery or theft as this case may be.

ROBBERY WITH ARSON – when by reason or on the occasion of robbery, arson is committed, the crime
committed is Robbery with arson.

ROBBERY WITH INTENTIONAL MUTILATION – when by reason or on occasion of robbery, mutilation is

committed, the crime committed is Robbery with Intentional Mutilation.
ON ROBBERY WITH PHYSICAL INJURIES – when by reason or on the occasion of robbery, serious physical
injuries is committed, the crime committed is Robbery with Serious Physical Injuries

Art. 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
Elements:
a. In an Uninhabited Place
b. By a Band
c. By attacking a moving train, street car, motor vehicle, or airship
d. By entering the passengers’ compartments in a train, or in any manner taking the passenger thereof by
surprise in the respective conveyances
e. On a street, road highway or alley, and the intimidation is mae with the use of firearms, the offender shall
be punished by the maximum periods of the proper penalties prescribed in Article 294

Art. 296 - Definition of a band and penalty incurred by the members thereof
Elements:
a. That a person is a member of the band
b. That he was present at the commission of a robbery by that band
c. The other members of the band committed an assault
d. He did not attempt to prevent the assault

Art. 298 - Execution of deeds by means of violence or intimidation

Elements:
a. Offender has intent to defraud another
b. Offender compels him to sign, execute, or deliver any public instrument or document
c. The compulsion is by means of violence or intimidation
d.

Art. 308 - Who are liable for theft

Elements:
a. That there be taking of personal property
b. That said property belongs to another
c. That the taking be done with intent to gain
d. That the taking be done without the consent of the owner
e. That the taking be accomplished without the use of violence against or intimidation of persons or force
upon things

Art. 310 - Qualified Theft

a. The theft is committed by a domestic servant
b. The theft is committed with grave abuse of confidence
c. The property stolen is either a motor vehicle, mail matter or large cattle
d. The property stolen consists of coconuts taken from the premises of a plantation
e. The property stolen is a fish taken from a fish pond or fishery
f. The property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance