Robbery

Question 1

What are the elements of Robbery (Art. 293)?

Answer 1

1. There is personal property belonging to another.
2. There is unlawful taking of that personal property belonging to another.
3. There is animus lucrandi or intent to gain.
4. There is violence or intimidation against persons or;
5. There is force upon things

Mnemonic: P-U-I-V-F

Question 2

What is attempted robbery?

Answer 2

• When offender commences the commission of robbery by overt acts.
• Does not perform all acts of execution which would produce robbery.
• The reason is some accident or cause other than his own spontaneous desistance.

Question 3

Modes of Robbery

Hint: There are two modes.

Answer 3

1. Robbery with violence or intimidation against persons.
2. Robbery with force upon things.

Question 4

What kind of property is the subject of Robbery?

Answer 4

Property taken must be personal property. If real property, then the crime is Usurpation (Art. 312).

Question 5

If you got robbed of a personal property, do you need to be the actual owner of the said personal property?

Answer 5

NO. You don’t need to be the owner of the personal property. Legal possession is already sufficient.

Question 6

With respect to taking of personal property, there must be INTENT TO GAIN. How do you provide intent to gain (a state of mind)?

Presumption of Intent to Gain.

Answer 6

The unauthorized taking of personal property belong to another would already supply the requisite element of intent to gain.

If the person would keep another person’s wallet and upon inspecting the wallet it turns out to be the same wallet that he has. There is absent intent to gain.

Question 7

He saw a laptop on top of the table. Looking around he saw that the owner went inside the comfort room. Immediately he took the laptop. Outside, he discovered that it’s the same laptop he lost in a taxi cab a few weeks prior. Did he commit theft?

Answer 7

NO. There is a requisite that the property should belong to another. If it is your own personal property, then there is no intent to gain. You are not gaining anything from your own property.

Question 8

Is it possible for the two modes of taking of personal property in robbery to present in one case?

Violence and Intimidation and Force upon things.

Answer 8

YES. If the offender shall break open the door (force upon things) and once inside threatened the occupant with a knife (violence and intimidation) and proceeded to take personal property because the occupant suddenly fainted. Two modes were employed by the offender.

Question 9

Identity of the actual owner of the personal property is not necessary as long as it doesn’t belong to the offender. What is the exception?

Answer 9

If the crime is Robbery with Homicide.

Question 10

WHEN does the occurrence of violence and intimidation happen in the crime of Robbery?

Answer 10

Violence or intimidation must be present before the taking of personal property is complete.

BUT! When violence results in homicide, rape, intentional mutilation or any of the serious physical injuries. The taking of personal property is complexed even if the taking is already complete when the violence happened.

Question 11

What is unlawful taking?

Answer 11

• Appropriating a thing belonging to another.
• Placing it under one’s control and possession.
• The property must belong to another.
• Not in possession by virtue of trust given to offender (this is Estafa).
• Not under the claim of title or ownership (taking what you own).

Question 12

When is unlawful taking considered complete?

Answer 12

1. Offender gains possession of the thing.
2. Thing is taken out from the building or premise.

Mnemonic: gains possession & thing taken out

Question 13

What are the elements of Robbery with Homicide?

Answer 13

1. There is personal property belonging to another
2. There is unlawful taking of that personal property belonging to another.
3. There is animus lucrandi or intent to gain.
4. By reason or on occassion of Robbery, homicide was committed.

Mnemonic: P-U-I-Homicide

Question 14

There is a breaking of a wall or window to gain entry and then once inside he also threatened and in fact harmed the occupant to be able to proceed with his intention to take personal property inside.

Here two modes were adopted. You are now the fiscal. Under what mode are you going to charge the accused?

Answer 14

Where violence or intimidation against persons and force upon things are both present in the commission of robbery, it is complex crime under Art. 48. Consequently, the higher/graver penalty will be imposed. (Napoles v. Court of Appeals)

Question 15

Even if killing is a mere accident during or because of robbery, would it still be Robbery with Homicide?

Answer 15

YES. As long as homicide resulted during or because of Robbery, Robbery with Homicide is committed.

Question 16

Is there Robbery with Parricide or Murder?

Answer 16

NO. “Homicide” in Robbery with Homicide is understood in a generic sense. This encompasses Parricide and Murder.

Question 17

True or False: The intent to commit Robbery should happen FIRST before the killing (in Robbery with Homicide).

Answer 17

TRUE. Intent to commit robbery must precede the killing.

The offender must have the intent to take personal property before the killing.

The crime of Robbery with Homicide exists even if there is NO intent to kill.

Question 18

A, B and C enter the house of X by destroying the lock. Once inside, they started to ransack. A, without the knowledge of B and C went into the backyard.

There, he discovered the servant girl hiding. He raped the girl. A rape was committed in the course of the robbery. What is the charge and who will be liable?

Answer 18

With respect to the other crimes committed in the course of the robbery, the liability would depend on whether they had knowledge or if they dissuaded the others from doing so.

In the example given, B and C were not aware of what was going on in the backyard. They should not be held accountable for the rape.

But if it was shown that they had knowledge and they did not do anything, then ALL would be liable for the Homicide with Rape.

Question 19

If the intent is to kill, not for the purpose of robbery, then later on took the personal property of the victim after the killing, is this Robbery with Homicide?

Answer 19

NO. The intention is to actually kill, and robbery only came as an afterthought. The perpetrators are liable for separate crimes of Robbery AND Homicide.

The robbery is only INCIDENTAL.

Question 20

What are the elements of Robbery with Rape?

Answer 20

1. There is personal property belonging to another
2. There is unlawful taking of that personal property belonging to another.
3. There is animus lucrandi or intent to gain.
4. Robbery is accompanied by Rape.

Mnemonic: P-U-I-Rape

Question 21

Original intent is to rape and the robbery is an afterthought. What is the crime committed?

Answer 21

Separate crimes of Robbery AND Rape.

For Robbery with Rape to stand, it should happen by reason or on occassion of Robbery.

Question 22

Can there be such a crime as robbery with ATTEMPTED rape?

Answer 22

NO. Robbery is not one of the necessary means to commit rape. Hence, attempted rape is not possible.

In attempted felonies, the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution.

Question 23

True or False: The physical injuries in Robbery with Physical Injuries, is always serious (not light or slight).

Answer 23

TRUE. If less/slight injuries, it will be absorbed in the Robbery.

If less/slight physical injuries happens AFTER robbery, then it will be a separate charge of Robbery AND less serious physical injuries.

It will only be absorbed if it happened DURING the execution of Robbery.

Question 24

By reason or on occassion of Robbery with Homicide, Rape and Physical Injuries were also committed. What will be the crime?

Answer 24

STILL Robbery with Homicide. The Rape and Physical Injuries will be considered as AGGRAVATING circumstances.

Question 25

Can light felonies be complexed?

Criminal Law 1

Answer 25

NO. Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony.

Question 26

What is the crime if there is killing, rape, or intentional mutiliation in Robbery with Arson?

Answer 26

Either Robbery with Homicide, Robbery with Rape, or Robbery with Intentional Mutilation (in that order). It cannot be Robbery with Arson.

Killing, Rape, or Intentional Mutilation MUST NOT be present in Robbery with Arson, or else Arson will only be an aggravating circumstance.

Question 27

Must Robbery precede Arson in the crime of Robbery with Arson?

Answer 27

YES. It is essential that robbery precede the arson.

Unlike Rape or Homicide where it can happen even before the Robbery (as long as the primordial intent was to commit Robbery).

Question 28

True or False: Arson is ONLY a compenent of Robbery by violence or intimidation against persons.

Answer 28

TRUE. If the Robbery was by the use of force upon things and subsequently, arson was committed, two DISTINCT crimes are committed (Robbery AND Arson).

Question 29

What are the qualifiying circumstances of Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley (Art. 295)?

Answer 29

If robbery is committed:

1. In an uninhabited place.
2. By a band.
3. By attacking a moving vehicle.
4. By entering conveyances by surprise.
5. On a street, road, or alley and intimidation is made with firearms.

Question 30

How many members of the band must be there in order to commit Robbery committed by a Band (Art. 296)?

Answer 30

At least 4 and armed should take part in the commission of the robbery.

Question 31

What happens in the crime of Illegal Firearms if it is used in Robbery in a Band?

Answer 31

The use of illegal firearms becomes a special aggravating circumstance. But it is without prejudice to the crime of Illegal Possession of Firearms.

Question 32

True or False: In Robbery in a Band, ALL members are liable for any assault committed by the members. If true, are there any exceptions?

Answer 32

TRUE.

Except when one or some of the members attempted to prevent the assault.