Class in Criminal Law II:

Crimes against property 01

Group #5: Basilio, Castro, Cordoba, Donato, Dumbrique,
Ferrer, Maderazo, Pelovello
 Table of contents
01 Robbery
Robbery in
in general
general 2-3 Brigandage
Brigandage and
and theft
theft
Basilio, Maderazo, Castro
Donato
Usurpation
Usurpation and
and Swindling
Swindling and
and Chattel
Chattel
4-5 Insolvency
Insolvency 6-7 Mortgage
Mortgage
Pelovello Ferrer
Arson Malicious
Malicious Mischief
Mischief and
and Exemption
Exemption
Arson and
and other
other crimes
crimes
8 involving
9-10 from
from Criminal
Criminal liability
liability
involving Destructions
Destructions
Cordoba Dumbrique
 Crimes Against
Properties are crimes
against personal
Properties.
Robbery in
General
ARTICLE 293. Who are guilty of
robbery.
Any person who, with intent to gain, shall
take any personal property belonging to
another, by means of violence or
intimidation of any person, or using force
upon anything shall be guilty of robbery.
Article 294 Special Complex
Crimes
1. Robbery with Homicide
2. Robbery with rape or intentional
mutilation
3. Robbery with physical injuries (as
both punished by Subd. 1 & 2 of Art. 263 )
 People vs. Pecato,
151 SCRA 14
…… as
as long
long as
as the
the criminal
criminal objective
objective or
or plan
plan is
is to
to
rob,
rob, whether
whether the the killing
killing committed
committed byby reason
reason oror
on
on occasion
occasion thereof
thereof isis intentional
intentional or
or accidental,
accidental,
the
the crime
crime isis robbery
robbery with
with homicide
homicide
 People vs. Feliciano,
256 SCRA 706
The
The word
word “homicide”
“homicide” inin robbery
robbery with with homicide
homicide isis
used
used in
in its
its generic
generic sense
sense as
as itit includes
includes murder
murder and
and
absorbs
absorbs serious
serious physical
physical injuries
injuries committed
committed during
during
the
the robbery.
robbery.

People vs Gano G.R. 134373,

Feb. 28, 2001
Additional
Additional killings
killings cannot
cannot be be considered
considered as as
aggravating
aggravating circumstances
circumstances as as there
there isis no
no law
law
providing
providing that
that additional
additional killings
killings should
should be be
considered
considered as
as aggravating
aggravating circumstance.
circumstance.
(superseding
(superseding People
People vs.
vs. Salvatierra)
Salvatierra)
 Suppose A is forcibly taking the watch
of B and B is fighting for his watch, A
fires a warning shot– pointing the gun
upwards, thereafter killing C who just
got out of the hospital.

Q: what crime was committed?

 A, B, C robbed a bank. Upon fleeing,
police officers came and traded shots
with them. C killed Police officer 1.
Q: what crime is imputed to A and B?
 A, B, C robbed a bank. Upon fleeing, police
officers came and traded shots with them. Police
officer 1 killed C and was able to catch A and B.

Q: what crime is imputed to A and B?

NOTE: as long as there was
killing when robbery was
taking place, robbery with
homicide was committed, the
killing occuring thereon.
 People vs Melvin Dire, et al.
April 2013
All those who conspire to commit robbery with homicide
are guilty as principals of such crime, although not all
profitted and gained from robbery. One who joins a
criminal conspiracy adopts the criminal designs of the co-
conspirators, and can no longer repudiate the conspiracy,
once it has materialized.
Robbery with
rape
or intentional
mutilation
Robbery accompanied with rape

People vs. Villagarcia, et al., 226

SCRA 347
Six (6) accused entered the house of the offended
party, with guns and knives, ransacking the
whole place. After which, the offended party was
brought outside the house to a grassy place
where she was ordered to undress and although
she was able to run away, was caught, and
thereafter raped by all of the accused, the latter
committed robbery with rape.
Robbery accompanied with rape

People vs. Villagarcia, et al., 226

SCRA 347
Six (6) accused entered the house of the offended
party, with guns and knives, ransacking the
whole place. After which, the offended party was
brought outside the house to a grassy place
where she was ordered to undress and although
she was able to run away, was caught, and
thereafter raped by all of the accused, the latter
committed robbery with rape.
 People vs. Angeles, 222
SCRA 451
Complainant
Complainant A A went
went out
out of
of her
her room
room to
to urinate
urinate atat 1:30
1:30
PM.
PM. She
She was
was then
then grabbed
grabbed by by accused
accused A,
A, poking
poking herher
with
with an
an icepick
icepick onon the
the neck;
neck; sheshe was
was dragged
dragged outout of
of the
the
house
house and
and rode
rode aa taxi.
taxi. She
She saw
saw accused
accused BB and
and CC carrying
carrying
her
her typewritter
typewritter and and betamax
betamax joining
joining them
them inin the
the taxi.
taxi.
After
After some
some time,
time, the
the two
two (2)
(2) companions
companions left
left her.
her.
Accused
Accused A A grabbed
grabbed herher into
into aa motel,
motel, and
and with
with force
force and
and
intimidation
intimidation waswas able
able toto have
have sex
sex with
with her.
her.

Q: Is the case of villagarcia and Angeles the same?

People vs. Villagarcia
1. They ransacked the house.
2. Pulled the victim out of her home
and into a grassy area.
3. She escaped, was chased, and
then raped.
This happened in one instance
People vs. Angeles
1. They robbed the victim’s
typewriter and Betamax.
2. Pulled the victim out of her home
and made to ride a taxi.
3. Was eventually brought to a
motel and thereafter was raped.
Different crimes were committed in
different times.
SC held that the crimes committed
were robbery and forcible
abduction with rape.