LAW EACH WEEK
What is Robbery?
Robbery, as defined, means 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 anything.
What are the classifications of Robbery?
1. Robbery with violence against, or intimidation of persons (Art. 294, 297, and 298, Revised Penal Code)
2. Robbery by the use of force upon things (Arts. 299 and 302, Revised Penal Code)
What are elements of robbery in general?
a) There is personal property belonging to another;
b) There is unlawful taking of that property;
c) Taking must be with intent with gain; and
d) There is violence against or intimidation of any person or force upon things.
What is the subject of the crime?
Personal property is the subject of Robbery. The property taken must be personal property, for if real property is occupied by means of violence against or intimidation of person, there is another crime committed.
Is there necessity to identify the real owner of the personal property?
No. The identity of the real owner is not necessary so long as the personal property taken does not belong to the accused, unless the crime of Robbery with Homicide was committed.
What is unlawful taking?
Unlawful Taking means appropriating a thing belonging to another and placing it under one’s control and possession. The property must belong to an other. The taking of personal property must be unlawful to constitute Robbery. If the property is in possession of the offender given to him in trust by the owner, the crime is Estafa.
When is unlawful taking completed?
1. As to Robbery with violence against, or intimidation of persons- It is completed from the moment the offender gains possession of the thing even if the culprit had no opportunity to dispose of the same.
2. Robbery by the use of force upon things- It is completed when the thing is taken out of the building/premises.
Is there a presumption of intent to gain?