CHAPTER ONE
ROBBERY IN GENERAL
Art. 293 Who is guilty of robbery. – Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence against or intimidation of any person, or using force upon anything,
shall be guilty of robbery.
Robbery – the taking of personal property belonging to another, with intent to gain, by means of
violence against, or intimidation of any person, or using force upon anything.
Classification of robbery
o Robbery with violence against, or intimidation of persons.
o Robbery by the use of force upon things.
Elements of robbery in general
o That there be (1) personal property, (2) belonging to another;
o That there is (3) unlawful taking of that property;
o That the taking must be (4) with intent to gains; and
o That there is (5) violence against or intimidation of any person, or force upon anything.
In Robbery personal property must be taken. If real property or real right is usurped by means of
violence against or intimidation of person, the crime is usurpation.
Prohibitive articles may be the subject matter of robbery; opium for instance.
o When such seizure is no lawful act, but rather sought to appropriate the drug for their personal
gain.
Belonging to another
o The property taken does not belong to the offender.
o The person from whom the personal property is taken need not be the owner.
o Ownership is not necessary. Possession of property is sufficient, for the purpose of gain.
Does the phrase “belonging to another”, in relation to the property taken, mean that the naming of
the owner is a matter of essential description of the crime?
o Yes – if the crime charged is robbery with homicide in view of the capital punishment attached
to the crime.
o No – not essential when the accused is prosecuted for robbery with intimidation or violence
resulting only to PI, or for the use of force upon things.
o The variance between the allegation and proof as to the ownership of the property robbed is
fatal to the prosecution’s case. Hence, one cannot be convicted.
o If received or delivered (even when intimidation and intent to gain is present), not robbery
because he did not take the thing.
The taking of personal property must be unlawful
o Taking was lawful but with unlawful misappropriation was subsequent to such taking
malversation
o Taking was lawful but it was not lawful for said agents to seize the opium in order to appropriate
it. robbery
Unlawful taking, when complete (the element of taking/asportation)
o As to robbery with violence against or intimidation of persons
From the moment the offender gains possession of the thing, even if the culprit had no
opportunity to dispose the same, the unlawful taking is complete.
Consummated when:
The robber acquires possession of the property, even If for the short period of
time.
Not important when:
o Property be taken into the hands of the robber
o He should have actually carried the property away
o Out of the physical presence of the lawful possessor
o He should have made his escape with it.
o As to robbery with force upon things
After the accused had taken material possession of the thing with intent to appropriate
the same consummated theft or robbery.
Accused entered the bodega were already in possession of two cases of corned beef
unable to remove the same from the bodega consummated robbery
“Taking” as an element of robbery, means depriving the offended party or ownership of the thing taken
with the character of permanency.
The taking should not be under claim of ownership.
o One is not guilty of robbery when one who takes property openly and avowedly under the claim
of title proffered in good faith.
Intent to gain/ Animus Lucrandi
o It is presumed from the unlawful taking of personal property, unless special circumstances
reveal a different intent on the part of the perpetrator.
o It is established through overt acts of the offender.
o Absence of intent to gain of personal property grave coercion if there is violence used.
The element of “personal property belonging to another” and that of “intent to gain” must concur.
o Intent to gain + took personal property not belonging to another not liable for robbery
o Took personal property from another, believing it was his own property, but belonged to
offended property not intent to gain not liable for robbery.
Violence or intimidation, as an element of robbery.
o Violence must be against the person not upon the thing taken.
Snatching of the necklace was without violence against or intimidation of person or with
force upon things.
Intimidation need not be threat of bodily harm.
o It exists when it causes the fear or fright of the victim.
o When the marked money was placed inside the lawyer of petitioner who later counted the
money, he was deemed to have taken possession of the money.
The violence or intimidation must be present before the taking of personal property is complete, not
necessary should be present from the very beginning.
o When violence or intimidation is present after the taking of personal thing, one can be
committed with two crimes:
Theft
SPI or grave threats
o EXCEPTION: Robbery is complexed with any of the crimes under Art 294, even if the taking was
already complete when the violence was used by the offender, by reason or on the occasion
thereof.
When violence results in:
Homicide
Rape
Intentional mutilation
Serious PI
The taking of personal property need not be immediately after the intimidation.
