TITLE TEN: CRIMES AGAINST PROPERTY

Robbery
Elements:
- personal property belonging to another
• including but not limited to prohibitive articles
• property must not be owned by the offender, whether as co-owner or partner
• violence and intimidation need not to be to the owner itself
• although, property owners may be charged with robbery if property is under bail,
mortgage, etc.
- unlawful taking
• When complete:
○ From the moment the offender gains possession of the thing, even if the culprit
has no opportunity to dispose of the same.
○ Property must already be taken outside the vicinity of the enclosed area
- with intent to gain
Classification:
- With violence or intimidation upon persons (294, 297,298)
• When the degree of violence and intimidation is clearly unnecessary for the
commission of the crime
• When in the course of its execution, the offender shall have inflicted upon any person
not responsible for the commission of the robbery any serious physical injuries
• Such must be present before the taking of the personal property is complete
Except when violence results in:
1. Homicide
○ Treachery cannot be considered as a qualifying circumstance.
Only as a generic aggravating circumstance
○ Intent to gain should precede the killing
○ Necessity to defend possession of stolen goods
○ Necessity to escape after the commission of the crime
○ Necessity to get another partner’s share of the loot
○ Necessity to remove any opposition
○ Even if such death is resulted from accident
2. Rape
3. Intentional Mutilation
4. Serious Physical Injuries
5. Arson
• Taking of personal property need not to be immediately after the intimidation
- With force upon things (299, 302)
• Actual entering of the a house or building must be committed
Except when breaking into or removing:
wardrobes, chests, or any other kind of locked or sealed furniture inside
an inhabited house, a public building, or an edifice devoted to religious
worship
• Robbery with violence and intimidation supersedes over robbery with force upon things.
Participation:
Principal Accomplice Accessory
Robbery with Homicide •All robbers are • Anyone with
principals of the knowledge of the
homicide robbery with the killing