TITLE X: CRIMES AGAINST PROPERTY
ART. 293: WHO ARE GUILTY OF ROBBERY
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or intimidation of persons (Art. 294, 297 and 298)
2. Robbery by the use of force upon things (Art. 299 and 302)
DISTINCTIONS
1. Whenever violence against or intimidation of any person is used = taking is ALWAYS
ROBBERY
2. In robbery with violence or intimidation = value of personal property taken is immaterial:
penalty is based on
a. Result of violence used (rape, homicide, rape, etc.)
b. Existence of intimidation only
3. If no violence but force upon things = ROBBERY IF FORCE IS USED TO ENTER
BULDING
4. Robbery with force upon things committed in an inhabited house, public building, or
edifice penalty is based upon
i. Value of property taken
ii. Whether or not offenders carry arms
IF BOTH ARE PRESENT – Robbery with violence against or intimidation of persons
ELEMENTS OF ROBBERY IN GENERAL
1. There be personal property belonging to another
2. There is unlawful taking of tat property
3. Taking must be with intent to gain
4. There is violence against or intimidation of any person or force upon anything
ROBBERY – taking of personal property belonging to another, with intent to gain, by means of
violence against, or intimidation of any person using force upon anything.
PERSONAL PROPERTY – thing taken must be personal property; if real property or real right
by means of violence against or intimidation of person = USURPATION
Prohibitive articles may be the subject matter of robbery
Name of owner is essential in ROBBERY WIT HOMICIDE
o Not essential in robbery with intimidation or violence resulting only in physical
injuries or robbery by the use of force upon things
UNLAWFUL TAKING, WHEN COMPLETE
1. Robbery with violence against or intimidation of persons
a. From the moment the offender gains possession of the thing, even if culprit has
no opportunity to dispose of the same = unlawful taking is complete
2. Robbery with force upon things
a. Thing must be taken out of the building to consummate the crime
TAKING – permanently depriving the offended party of ownership of the thing taken
INTENT TO GAIN – presumed from the unlawful taking of personal property; deduced from the
circumstances surrounding the commission of the offense
IF NOT INTENT TO GAIN = grave coercion if violence is used
Violence or intimidation must be present before the taking of personal property is
complete
USING FORCE UPON ANYTHING = use of force upon things is not robbery if the culprit never
entered a house or building
SECTION 1: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
ACTS PUNISHED:
1. By reason or on occasion of the robbery, homicide is committed
2. When robbery is accompanied by rape or intentional mutilation or arson
3. By reason or on occasion of such robbery, any of the physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted
4. Robbery resulted to a loss of speech, power to hear or smell, loss of an eye, hand, foot
arm or leg, or the use of any such member or incapacity for the work in which the injured
person is therefore habitually engaged is inflicted
5. If violence or intimidation employed in the commission of the robbery is carried to a
degree clearly unnecessary for the commission of the crime
6. Person injured becomes deformed, or loses any other member of his body or loses the
use thereof or becomes ill or incapacitated for the performance of work in which he is
habitually engaged for more than 90 days or the person injured becomes ill or
incapacitated for labor for more than 30 days
7. If violence employed does not cause any of the serious physical injuries in Art. 163 or oif
the offender employs intimidation only
8.
