Title 10 [1/2] (293-312)

Question 1

293

Answer 1

Who Are Guilty of Robbery

Any person who, with intent to gain, shall take any personal property belonging to another, by means of
- violence or intimidation of any person, or
- using force upon anything

shall be guilty of robbery.

Question 2

Compare the Means of Robbery

Answer 2

[R/VI]
- is consummated moment offender gains possession even if the culprit had no opportunity to dispose the same
- violence or intimidation must be present BEFORE the taking of personal property is complete
- ALWAYS robbery if violence or intimidation against the person
- value of property immaterial and PENALTY depends on (a) result of violence and (b) existence of intimidation only

[R/FU]
- is consummated when the thing is taken out of the building
- only becomes Robbery if FORCE used to either (a) enter the [building] or to break doors, wardrobes, chests or any kind of locked or sealed furniture or receptacle inside the bldg or (b) to force them open outside after taking the same from the building
- PENALTY depends on (a) value of property taken and if (b) offender carried arms

Question 3

294

Answer 3

Robbery with Violence Against or Intimidation of Persons

Question 4

Compare the Crimes of Robbery and Theft

Answer 4

Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.

Question 5

Elements

Answer 5

1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking was with intent to gain.
4. That there is violence against or intimidation of person or force upon anything

Question 6

Defendants entered a house by cutting the rope that tied the door, opened the trunk and [were about to] take money in the amount of P36 from the trunk. When discovered, one of them struck the owner in the mouth.

What is committed?

Answer 6

Held: Robbery with violence was committed.

(People vs. Campa)

Question 7

When is asportation present?

Answer 7

Asportation or taking is present when

• offender had full possess of the thing even without the opportunity to dispose of it

Question 8

A picked the pocket of B and ran away with the latter’s wallet, containing money bills, and when B chased and overtook him, A turned around and boxed the face of B, inflicting slight physical injuries, or intimidated B with a knife,

What is the crime committed?

Answer 8

The crime is not robbery with violence against or intimidation of persons.

A committed two crimes: (1) theft (Art. 308); and (2) slight physical injuries (Art. 266), or grave threats (Art. 282, par. 2) for intimidating B with a knife

knowledge check
grave threat - constituting a crime
light threat - does not

Question 9

What are the acts punished in 294?

Answer 9

• Reason or on occasion of robbery, the crime of [homicide] is committed;
• Robbery is accompanied by [rma] rape or intentional mutilation or arson
• Reason or on occasion of such robbery, ANY of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted; [par. 1 of serious]
• When by reason or on occasion of robbery, any of the physical injuries resulting in the loss of use of speech or the power to hear or to smell or the loss of an eye, a hand or a foot, an arm or a leg, or the loss of the use of any such member or incapacity for the work for which the injured person is theretofore habitually engaged is inflicted. [par. 2 of serious phy]
• If violence OR intimidation employed in the commission of the robbery is carried to a degree 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 of the physical injuries [innocent bystanders getting par. 3 & 4 of serious physical injuries] in consequence of which the 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 the 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;
• If the violence employed by the offender does NOT cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only.

Question 10

What are the elements of robbery with homicide?

when can you say that homicide is by reason or on occasion of the robbery?

Answer 10

Homicide is said to have been committed by reason or on the occasion of robbery if it is committed:

[pipef]
1. To facilitate the robbery or the escape of the culprit
2. To preserve the possession by the culprit of the loot
3. To prevent the discovery of the commission of the robbery
4. To eliminate an obstacle or witnesses to the commission of the crime. (People v. Jabinao, Jr.)
5. Robbery was the main purpose and objective and killing was merely incidental.

note
The homicide may precede or occur after the robbery; however, the primary intent must be taking of personal property with intent to gain.

Homicide is to be understood in the generic sense as to include parricide and murder

The person killed can be “any peron”. Thus an innocent bystander or the companion still qualifies the crime as robbery with homicide

Question 11

What is the nature of the [hrmp] homicide, rape, mutilation, arson or physical injuries committed with robbery?

Answer 11

The crimes defined in article 294 is a special complex crime, article 48 has no application.

In robbery with homicide, the homicide may precede OR occur after the robbery, however, the primary intent must be taking of personal property with intent to gain.

Same rule applies in robbery with rape.

When [both] homicide and rape coincides with the robbery, the crime shall be denominated as robbery with rape and homicide.

Question 12

Where the victims were killed NOT for the purpose of committing robbery and the idea of taking money and other personal property was conceived only AFTER the killing,

What is the crime?

Answer 12

• two counts of homicide or murder (as the case may be)
• theft

Question 13

Is it necessary for robbery to precede the killing for the crime to be robbery with homicide?

Answer 13

In robbery with homicide, the homicide may precede or occur after the robbery, however, the primary intent must be taking of personal property with intent to gain.

Question 14

How is attempted robbery with homicide committed?

Answer 14

[Attempted] homicide or [attempted] murder committed during or on the occasion of the robbery is absorbed in the crime of Robbery with Homicide.

Where the original design comprehends robbery, and homicide is perpetrated by reason or on occasion of the consummation of the former, the crime committed is robbery with homicide.

Question 15

295

Answer 15

Robbery with Physical Injuries Committed in an Uninhabited Place, by a Band, or with the Use of Firearm, on a Street, Road or Alley

Question 16

Snatching may constitute what crimes?

Answer 16

Generally: Theft.
Exceptions: The violence results in [hrmp]
-Homicide Rape Intentional mutilation
- Serious physical injuries.

Even if taking was already complete when the violence was used in the offender

Question 17

Elements of 296

Answer 17

A member of the band is liable for any of the assaults committed by the other member thereof, where the following requisites occur:

1. That he was a member of the band (at least four armed men).
2. That he was present at the commission of a robbery by that band.
3. That the other members of the band committed an assault.
4. That he did not attempt to prevent the assault.

Question 18

296

Answer 18

Definition of a band and penalty incurred by the members thereof.

“When [more than three armed malefactors] take part in the commission of a robbery, it shall be deemed to have been committed by a band.

When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. “

Question 19

To what does the word “offense” mentioned in art. 296 refer?

check pot

Answer 19

The word “offense” refers to the specific instances of robbery enumerated under Article 295 of the RPC.

Question 20

In what kind of robbery under art. 294 do arts. 295 and 296 apply?

chrck ppt

Answer 20

Art. 296 provides that when more than three armed malefactors take part in the commission of robbery, it shall be deemed to have been committed by a band. At least four armed persons must take part in the commission of robbery.

Question 21

297

Answer 21

Attempted and frustrated robbery committed under certain circumstances.

Question 22

298

Answer 22

Execution of deeds by means of violence or intimidation.

Question 23

If in the course of the attempted or frustrated robbery, parricide, murder or infanticide was committed what will be the proper charge?

Answer 23

The term “homicide” under 297 includes parricide, murder, or infanticide. Thus, as long as homicide is committed by reason or on occasion of an attempted or frustrated robbery, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed.

Question 24

299

Answer 24

Robbery in an inhabited house or public building or edifice devoted to worship

Question 25

301

Answer 25

What is an inhabited house, public building, or building dedicated to religious worship
and their dependencies

Question 26

300

Answer 26

Art. 300. Robber in an uninhabited place and by band.

Question 27

302

Answer 27

Robbery in an uninhabited place or in a private building.

Question 28

303

Answer 28

303. Robbery of cereals, fruits, firewood in an uninhabited place or private building.

Question 29

304

Answer 29

Possession of picklocks or similar tools

Question 30

305

Answer 30

False Keys

Question 31

To characterize the taking as robbery it must be done under what situations?

Answer 31

To characterize the taking as robbery, the offender shall enter the inhabited house, public building or edifice [bldg] devoted to worship that is material using false keys, picklocks or similar tools.

note
- there still must be taking/asportation for it to be robbery.
- the force upon things is the usage of the false keys

Question 32

306

Answer 32

Who Are Brigands-Penalty

Elements of Brigandage:
1. There be a least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a. To commit robbery highway, or
b. To kidnap persons for the purpose of extortion or to obtain ransom, or
c. To attain by means of force and violence any other purpose.

Question 33

When the offender is a family member who broke a receptacle [container with something] inside to take property of his housemate, what crime is committed?

Answer 33

The breaking of a receptacle constitutes the crime of Robbery with Force Upon Things.

The exempting circumstance of being a family member living together DOES NOT APPLY.

Article 332 only provides for exemptions to criminal liability for [tsmm] theft, swindling, or malicious mischief. Since the act committed was robbery, then the family member may still be charged with the crime.

tsmm - thank you so much for the exempting circumstance

Question 34

What is the nature of the act of possessing picklocks?

Answer 34

mala prohibita.

Unauthorized possession of picklocks or similar tools, regardless of the possessor’s intent, is punishable as such illegal possession

Question 35

Elements of 307 (Aiding and Abetting a Band of Brigands)

Answer 35

1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does ANY of the following acts:
   a. He in ANY manner aids, abets or protects such band of brigands,
   b. He gives them information of the movements of the police or other peace officers,
   c. He acquires or receives the property taken by such brigands.

Question 36

307

Answer 36

Aiding and Abetting a Band of Brigands

Question 37

Does the place of commission determine whether the crime committed is highway
robbery?

Answer 37

[Highway Robbery/Brigandage]
- The seizure of (a) any person for ransom, extortion or other unlawful purposes, or (b) the taking away of the property of another by means of violence against or intimidation of persons or force upon things or [other unlawful means], committed by any person on any Philippine Highway.

note
Philippine Highway refers to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.

Question 38

Distinguish between abetting brigandage
from robbery

Answer 38

define

[R]
- 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 things.

[AB]
a person abetting brigandage when
a. He in any manner aids, abets or protects such band of brigands,
b. He gives them information of the movements of the police or other peace officers,
c. He acquires or receives the property taken by such brigands.

Question 39

When is asportation present?

Answer 39

Asportation is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same

Question 40

How is animus lucrandi/intent to gain determined?

Answer 40

Intent to gain or animus lucrandi is an internal act that is presumed from the unlawful taking by the offender of the thing subject of asportation.

Although proof as to motive for the crime is essential when the evidence of the theft is circumstantial, the intent to gain is the usual motive to be presumed from all furtive taking of useful property appertaining to another, unless special circumstances reveal a different intent on the part of the perpetrator. (People of the Philippines v Herman Medina)

Question 41

Must the person divested of personal property be the owner thereof?

Answer 41

The person from whom the personal property is taken need not be the owner. Possession of the property is sufficient.

In the commission of the crime of robbery, it is NOT necessary that the person from whom the property is taken by means of threats and violence, shall be the owner thereof. It is sufficient if the property is taken from him by means of threats and violence, for the purpose of gain, on the part of the person appropriating it.

The possession of the property is sufficient. Ownership is not necessary.

Robbery may be committed from a bailee or from a person who himself has stolen it. It has even been held that the taking of clothing from the body of a dead person constitutes robbery, as the property of the executor. Even the owner of property may be guilty of robbery when, for instance, he takes it from the possession of a bailee, with the intent to charge the bailee with its value. (U.S. vs. Albae, 29 Phil. 86)

Question 42

308

Answer 42

Who are liable for theft

Question 43

309

Answer 43

Penalties

Question 44

310

Answer 44

qualified theft

Question 45

311

Answer 45

Theft of the Property of the National Library and National Museum

Question 46

What are the elements of theft?

Answer 46

1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things

Question 47

When is the person who participated in the loot without participating in the commission of the offense (a) a principal and (b) an accessory?

Answer 47

PRINCIPAL
- Those who take a direct part in the execution of the act ; [direct participation]
- Those who directly force or induce others to commit it ; [inducement]
- Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. [indispensable cooperation]

ACCESSORY
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the [principal] of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Question 48

How will the crime be theft and homicide and not robbery?

Answer 48

When the death is not on the occasion of or by reason of the unlawful taking with intent to gain.

[pipef]

1. To facilitate the robbery or the escape of the culprit
2. To preserve the possession by the culprit of the loot
3. To prevent the discovery of the commission of the robbery
4. To eliminate an obstacle or witnesses to the commission of the crime. (People v. Jabinao, Jr.)
5. Robbery was the main purpose and objective and killing was merely incidental.

Question 49

Can theft or robbery be committed by a co-owner over the property owned?

Answer 49

No. One of the elements of theft and robbery is the taking of personal property of another. Being a co-owner, a case cannot be filed for either theft or robbery. A case for partition should be filed instead

Question 50

What circumstances qualify theft?

Answer 50

1. If theft is committed by a domestic servant.
2. If the theft is committed with grave abuse of confidence.
3. If the stolen property is
   a. Motor vehicle
   b. Mail matter, or
   c. Large cattle.
4. If the property stolen consists of coconuts taken from the premises of a plantation.
5. if the property stolen is fish taken from a fishpond or fishery.
6. If property is taken on the occasion of [ft.VECO-VACD] fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

note
- There must be allegation in the information and proof of a relation, by reason of dependence, guardianship or vigilance, between the accused and the offended party, that has created a high degree of confidence between them, which the accused abused

Question 51

Chapter 4 of Title 10

Answer 51

Usurpation

Question 52

312

Answer 52

Occupation of real property or usurpation of real rights in property.

Question 53

Elements of 312

Answer 53

1. That the offender takes possession of any real property or usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property.
4. That there is intent to gain.

Question 54

What penalties are provided under this provision?

Answer 54

In addition to the penalty incurred for the acts of violence executed by him, shall be punished by a fine from (50%) to (100%) of the gain which he shall have obtained, but not less than Fifteen thousand pesos (P15,000).

If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (P40,000) to One hundred thousand pesos (P100,000) shall be imposed.

Question 55

How should the violence or intimidation in usurpation be viewed?

Answer 55

Art. 312 does not apply when the violence or intimidation took place [SUBSEQUENT] to the entry into the property, because the violence or intimidation must be the means used in occupying real property or in usurping real rights.

Thus, if the accused were already occupying the land belonging to another, and when the administrator of the latter told them that the land belonged to his principal, the accused told him that they would kill anyone who would try to drive them away and threatened him with their bolos and chased him away. The accused are not liable for usurpation of real property under Art. 312.

Question 56

What is the nature of the offense defined and penalized under art. 312 of the code?

Answer 56

?

Question 57

How should the phrase “by means of violence against or intimidation of persons” in art. 312 be construed

Answer 57

“by means of violence against or intimidation of persons” in art. 312 must be construed to refer to the same phrase in 294 (robbery w/ violence against or intimidation of persons)

Question 58

What is intimidation? What crimes may result therefrom?

Answer 58

It is defined in Black’s Law Dictionary as ‘unlawful coercion; extortion; duress; putting in fear’. To take, or attempt to take, by intimidation means ‘wilfully to take, or attempt to take, by putting in fear of bodily harm.” As shown in United States vs. Osorio material violence is not indispensable for there to be intimidation, intense fear produced in the mind of the victim which restricts or hinders the exercise of the will is sufficient.

That threat is the intimidation contemplated in the crime of usurpation of real property. It does not constitute a distinct crime. (Generoso Castrodes, Et Al. V. Alfredo V. Cubelo, Et Al.)