ARTICLE 293.
WHO ARE GUILTY OF force open them outside
ROBBERY after taking the same
from the building
Robbery As to the value of the property taken
Value of property taken The penalty in robbery
- taking of personal property belonging to another, is immaterial with force upon things
with intent to gain, by means of violence against, committed in an
or intimidation of any person, or using force upon The penalty depends on inhabited house, public
anything the result of the building or edifice
violence used and on devoted to religious
Classification of Robbery the existence of worship is based on
intimidation only. value of the property
1. Robbery with violence against, or intimidation of taken and on whether
persons (Art. 294, 297, 298) or not the offenders
2. Robbery by use of force upon things (Art. 299, 302) carry arms.
Elements of Robbery in General:
In robbery with force
1. Personal property belonging to another upon things committed,
2. Unlawful taking of that property in an uninhabited
3. Taking must be with intent to gain building, the penalty is
based on the value of
4. Violence against or intimidation of any person or
the property taken.
force used upon things
Unlawful Taking
ARTICLE 294. ROBBERY WITH VIOLENCE
1. Appropriating a thing belonging to another and AGAINST OR INTIMIDATION OF PERSONS
placing it under one’s control or possession
Punishable Acts:
2. Unlawful taking is COMPLETE when:
a. Robbery with violence against or intimidation 1. When by reason or on occasion of the robbery,
of persons – offender has already the the crime of Homicide is committed
possession of the thing even if he has no 2. When the robbery is accompanied by Rape or
opportunity to dispose of it intentional mutilation or arson
b. Robbery with force upon things – things must 3. When by reason or on occasion of such robbery
be brought outside the building for any of the Physical injuries resulting in insanity,
consummated robbery to be committed imbecility, impotency, or blindness is inflicted
(subdivision 1 of Art. 263)
Elements of “personal property belonging to
4. When by reason or on occasion of robbery, any
another” and that of “intent to gain” must
of the physical injuries penalized in subdivision 2
concur
of Art. 263 is inflicted
1. If the accused, with intent to gain, took from
When the person injured –
another, personal property which turned out to
be his own property, the property not belonging a. Loses the use of speech or the power to hear
to another, he cannot be held liable for robbery or to smell, or loses an eye, a hand, a foot,
2. If he took personal property from another, an arm, or a leg;
believing that it was his own property, but in b. Loses the use of any such member; or
reality, it belonged to the offended party, there c. Becomes incapacitated for the work in which
being no intent to gain, he cannot be held liable he was therefore habitually engaged; in
for robbery consequence of the physical injuries inflicted
5. If the violence or intimidation employed in the
Violence or Intimidation
commission of the robbery is carried to a degree
- Whenever violence against or intimidation of any clearly Unnecessary for the commission of the
person is used, the taking of personal property is crime; or
always robbery. In the absence of this element, 6. When in the course of its execution, the offender
the crime committed is theft. shall have inflicted upon any person Not
responsible for its commission any of the physical
Violence Against or Force Upon Things injuries (covered by subdivision 3 and 4 of Art.
Intimidation of 263)
Persons
As to effect When the person injured –
Taking of personal Must be used to either a. Becomes deformed
property belonging to enter the building or b. Loses any other member of his body
another is always break doors, wardrobes,
c. Loses the use thereof
robbery chests or any other kind
d. Becomes ill or incapacitated for the
of locked or sealed
furniture or receptacle performance of the work in which he was
inside the building or to habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted
e. When the injured person becomes ill or Those who took part as principal in the robbery
incapacitated for labor for more than 30 days would also be held liable as principals of the
(but must not be more than 90 days), as a single and indivisible felony of robbery with
result of the physical injuries inflicted homicide although they did not actually take
part in the killing.
7. Violence employed by the offender does Not
cause any of the Serious physical injuries defined UNLESS, it clearly appears that they
in Art. 263, or if the offender employs endeavored to prevent the same
intimidation only (simple robbery)
Robbery with Rape
Special Complex Crimes Involving Robbery
Offender must have the intent to take the personal
1. Robbery with homicide or rape or intentional property belonging to another with intent to gain,
mutilation or arson and such intent must precede the rape.
2. Robbery with serios physical injuries under
subdivision 1 of Art. 263 Note: all rapes are merged in the composite,
3. Robbery with serious physical injuries under integrated whole that is robbery with rape and it
subdivision 2 of Art. 263 does not matter whether the rape occurred before,
4. Robbery with unnecessary violence and during, or after the robbery.
intimidation against any person not If rape was the primary objective of the
responsible of the commission of physical accused, and his taking of the jewels of the
injuries under subdivision 3 & 4 of Art. 263; victims was not with intent to gain but just to
and have some token of her supposed consent to
5. Robbery with the use of violence against the coition, the accused committed two distinct
intimidation of any person crimes of rape and unjust vexation.
Theory of Absorption
All the robbers may be held liable for robbery
All the felonies committed by reason of or on the with rape even if not all of them committed the
occasion of the robbery are integrated into one and crime of rape based on the concept of
indivisible felony of robbery with homicide. conspiracy
Robbery with Homicide Still robbery with rape even if the victim of rape
“Homicide” any kind of killing, whether parricide or was a member of the gang of robbers.
murder or where several persons are killed and the
name of this special complex crime shall remain as Raped with Homicide
robbery with homicide. If victim is raped, then killed, then the place
is robbed with force upon things
The offender’s intention to take personal (theft if no force upon things)
property arises as an afterthought where his Robbery with Homicide and Rape
original intent was to kill, he is guilty of two If victim is robbed, then raped, then killed
separate crimes of homicide or murder and Robbery with Homicide and Rape
theft. Victim is raped, then robbed, then killed
Homicide may precede robbery or may occur
after robbery
Robbery with Arson
There be a direct relation and intimate connection
between robbery and killing, whether both crimes be Essential that the robbery precedes the arson. There
committed at the same time. Provided, the taking is must be an intent to commit robbery, and no killing,
not merely an afterthought. rape or intentional mutilation should be committed in
the course of the robbery
“by reason” covers homicide committed before or
after the taking of personal property of another, as Robbery with Serious Physical Injuries
long as the motive of the offender in killing is to To be considered as robbery with physical injuries, it
deprive the victim of his personal property must be serious. However, if the less serious or slight
There is robbery with homicide even if the physical injuries were committed after the robbery
person killed was a bystander and not the was consummated, that would constitute a separate
person robbed or even if he/she was one of the offense.
offenders. Simple Robbery
Does not require that the victim of the robbery
be also the victim of homicide Par. 5 is simple robbery because they only involve
Robbery with homicide exits even if the death slight or less serious physical injuries
of the victim supervened by mere accident
Threats to Extort Money vs. Robbery through Outline:
intimidation
1. When at least 4 armed malefactors take part
Threats to Extort Robbery through in the commission of a robbery, deemed
Money Intimidation committed by a band
As to the nature of intimidation 2. Any of the arms used in the commission of
Intimidation is Intimidation is actual robbery is not licensed, maximum
conditional or future and immediate corresponding penalty without prejudice to
As to how intimidation is done the criminal liability for illegal possession of
Intimidation may be Intimidation is personal firearms
through an intermediary 3. Members of a band who was present at the
As to the nature of intimidation commission of a robbery by the band, shall
Intimidation may refer Intimidation is directed be punished as principal
to person, honor or only to the person of
property of the offended the victim Art. 296, just like Art. 295, applies only to robbery
party or of his family under pars. 3,4, and 5 of Art. 294.
As to the culprit’s gain
The gain of the culprit is the gain of the culprit is No such crime as Robbery with Homicide in
not immediate immediate Band
The indictable offense would still be denominated as
Robbery with Violence vs. Grave Coercion robbery with homicide
Robbery with Grave Coercion
Violence
Both crimes, there is violence used by the offender
Intent to gain No intent to gain
Robbery vs. Bribery
Robbery Bribery
As to how committed
It is robbery when the Bribery when the victim
victim did not commit a has committed a crime
crime and he is and gives money or gift
intimidated with arrest to avoid arrest or
and/or prosecution to prosecution
deprive him of his
personal preperty
As to the loss of property
Victim is deprived of his He parts with his money
money, property by in a sense, voluntarily
force or intimidation
ARTICLE 295. ROBBERY WITH PHYSICAL
INJURIES COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND OR WITH THE USE OF
FIREARM ON ASTREET, ROAD OR ALLEY
Qualified Robbery with Violence Against or
Intimidation of Persons:
1. In an Uninhabited place
2. By a Band
3. By Attacking a moving train, streetcar, motor
vehicle, or airship
4. By Entering the passengers’ compartments in
a train, or in any manner taking the
passenger by surprise
5. Street, road, highway, or alley, and the
intimidation is made with use of Firearms,
the offender shall be punish by the maximum
period
ARTICLE 296. DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF
