ROBBERY WITH RAPE

BY: Atty. Karissa Faye Tolentino-Maxino

What are the laws which governs this crime?

The special complex crime of Robbery with Rape defined in Article 293 in relation to paragraph 2
of Article 294 of the Revised Penal Code, as amended, employs the clause “when the robbery shall have
been accompanied with rape”.

If the two crimes were separated, will there be a complex crime of robbery with rape?
No. If the two crimes were separated both by time and space, there is no complex crime of
robbery with rape. (People vs. Angeles, G.R. No. 104285-86, May 21, 1993)

What must be the intention of the offender in this crime?

The offender must have the intent to take the personal property of another under
circumstances that makes the taking, one of the robbery, and such intent must precede the rape. If the
original plan is to commit rape, but the accused after committing the rape also committed the robbery
when the opportunity presented itself, the robbery should be viewed as a separate and distinct crime.
(People vs. Moreno, G.R. No. 140033, January 25, 2002)

Will an additional rapes committed on the same occasion increase the penalty?
No. Additional rapes committed on the occasion of Robbery will not increase the penalty.