Robbery Flashcards
(32 cards)
What are the elements of Robbery (Art. 293)?
- There is personal property belonging to another.
- There is unlawful taking of that personal property belonging to another.
- There is animus lucrandi or intent to gain.
- There is violence or intimidation against persons or;
- There is force upon things
Mnemonic: P-U-I-V-F
What is attempted robbery?
- 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.
Modes of Robbery
Hint: There are two modes.
- Robbery with violence or intimidation against persons.
- Robbery with force upon things.
What kind of property is the subject of Robbery?
Property taken must be personal property. If real property, then the crime is Usurpation (Art. 312).
If you got robbed of a personal property, do you need to be the actual owner of the said personal property?
NO. You don’t need to be the owner of the personal property. Legal possession is already sufficient.
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.
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.
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?
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.
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.
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.
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?
If the crime is Robbery with Homicide.
WHEN does the occurrence of violence and intimidation happen in the crime of Robbery?
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.
What is unlawful taking?
- 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).
When is unlawful taking considered complete?
- Offender gains possession of the thing.
- Thing is taken out from the building or premise.
Mnemonic: gains possession & thing taken out
What are the elements of Robbery with Homicide?
- There is personal property belonging to another
- There is unlawful taking of that personal property belonging to another.
- There is animus lucrandi or intent to gain.
- By reason or on occassion of Robbery, homicide was committed.
Mnemonic: P-U-I-Homicide
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?
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)
Even if killing is a mere accident during or because of robbery, would it still be Robbery with Homicide?
YES. As long as homicide resulted during or because of Robbery, Robbery with Homicide is committed.
Is there Robbery with Parricide or Murder?
NO. “Homicide” in Robbery with Homicide is understood in a generic sense. This encompasses Parricide and Murder.
True or False: The intent to commit Robbery should happen FIRST before the killing (in Robbery with Homicide).
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.
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?
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.
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?
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.
What are the elements of Robbery with Rape?
- There is personal property belonging to another
- There is unlawful taking of that personal property belonging to another.
- There is animus lucrandi or intent to gain.
- Robbery is accompanied by Rape.
Mnemonic: P-U-I-Rape
Original intent is to rape and the robbery is an afterthought. What is the crime committed?
Separate crimes of Robbery AND Rape.
For Robbery with Rape to stand, it should happen by reason or on occassion of Robbery.
Can there be such a crime as robbery with ATTEMPTED rape?
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.
True or False: The physical injuries in Robbery with Physical Injuries, is always serious (not light or slight).
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.
By reason or on occassion of Robbery with Homicide, Rape and Physical Injuries were also committed. What will be the crime?
STILL Robbery with Homicide. The Rape and Physical Injuries will be considered as AGGRAVATING circumstances.
