Title 10 Crimes Against Property Part 1

CRIMES AGAINST
PROPERTY
Crimes Against Property
ROBBERY THEFT ESTAFA
MALICIOUS
ARSON
MISCHIEF
Classifications of Robbery
1. Robbery with Violence against, or

intimidation of persons; and
2. Robbery by use of Force upon things
Elements of Robbery in General
1. There is a Personal property belonging to

another;
2. There is unlawful Taking of that property;
3. The taking must be with Intent to gain; and
4. There is:
a. Violence against or intimidation of any
person; or
b. Force used upon things
There is a Personal property belonging to another
a. Property taken must be personal – if real

property/right is the one usurped, the crime
is usurpation
b. Prohibitive articles may be the subject of

a Robbery
There is a Personal property belonging to another
c. Person from whom the personal property taken

need not be the owner - possession of the property
is sufficient.
d. Co-owner or Partner cannot commit

Robbery.
There is unlawful Taking of that property
Taking - Depriving the offended party of

ownership of the thing taken with the character
of permanency
Unlawful taking is complete:
a. As to Robbery with Violence against or

Intimidation of Persons – From the moment the
offender gains possession of the thing, even if the
culprit had no opportunity to dispose the same.
b. As to Robbery with Force Upon Things –

The thing must be taken out of the building to
consummate the crime
The taking must be with Intent to gain
Intent to Gain is Presumed
Intent to gain is presumed from the unlawful

taking of personal property belonging to
another, unless taken with the belief that it was
his own.
“Personal Property belonging to Another” + “Intent to Gain”
a. If the accused, with intent to gain, took from

another, personal property which turned out
to be his own property, the property not
belonging to another, he cannot be held
liable for robbery;
“Personal Property belonging to Another” + “Intent to Gain”
b. If he took personal property from another,

believing that it was his own property, but in
reality it belonged to the offended party,
there being no intent to gain, he cannot be
held liable for robbery.
General Rule: Violence or intimidation must be present before the taking
of personal property is complete.
Exception: When violence results in:
a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries
Effect When Both Violence or Intimidation and Force Upon
Things are Present
The crime is robbery with violence against or
intimidation of persons
SPECIAL COMPLEX CRIMES OF ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
Punishable Acts:
1. When by reason or on occasion of the
robbery, the crime of Homicide is
committed;
2. When the robbery is accompanied by Rape

or intentional mutilation or arson;
SPECIAL COMPLEX CRIMES OF ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
3. When by reason or on occasion of such
robbery any of the physical injuries resulting
in Insanity, imbecility, impotency or
blindness is inflicted;
4. When by reason or on occasion of robbery,

Serious Physical injuries is inflicted
Robbery with Homicide
Robbery must be the Main Purpose
The robbery was the main purpose and objective of

the criminals and that the killing was merely
incidental, resulting merely by reason or on the
occasion of the robbery.
Robbery with Homicide
Absorption of Other Felonies Committed
All the felonies committed by reason of or on

the occasion of the robbery are integrated into
one and individisible felony of robbery with
homicide
When Not Complexed
There will be two separate crimes of homicide or

murder and robbery:
1. When homicide was not committed by reason of
or on occasion of the robbery
2. When intent to take was merely an afterthought;
such as when the idea of taking the personal
property of another with intent to gain came to the
mind of the offender after he had killed the victim.
Covers Multiple Killings
The concept of robbery with homicide does not

limit the taking of life to one single victim.
All Participants Are Principals
All those who took part as principals in the robbery

would also be held liable as principals of the single
and indivisible felony of robbery with homicide.
Exception: When it clearly appears that one or

some of them endeavored to prevent the same.
Robbery with Rape
Like in robbery with homicide, the offender

must have the intent to take the personal
property belonging to another with intent to
gain, and such intent must precede the rape.
Robbery with Rape
Covers Multiple Rapes
All rapes are merged in the composite

integrated whole that is robbery with rape
and it does not matter whether the rape
occurred before, during or after the robbery
Robbery with Arson
In robbery with arson, it is essential that the

robbery precedes the arson.
There must be an intent to commit robbery, and

no killing, rape or intentional mutilation should
be committed in the course of the robbery, or
else arson will only be considered as an
aggravating circumstance
Robbery with Serious Physical Injuries
Any injuries not under Art. 263 or not serious in

nature will fall under a Simple Robbery
Simple Robbery
This involves slight or less serious physical injuries,

which are absorbed in the crime of robbery as an
element thereof
Robbery with Physical
Injuries Committed in an
Uninhabited Place and by a Band
or With the Use of a Firearm on a
Street, Road or Alley
Art. 295
Uninhabited place
One where there are no houses at all, a place

at a considerable distance from the town, or
where the houses are scattered at a great
distance from each other.
Band
When at least 4 (more than 3) armed

malefactors take part in the commission of a
robbery, it is deemed committed by a
band.
Rules on Band
When any of the arms used in the

commission of robbery is not licensed,
penalty upon all the malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice to the
criminal liability for illegal possession of
such firearms.
Rules on Band
Any member of a band who was 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
crime.
Requisites for Liability for the Acts of Other Members:
1. He was a Member of the band.

2. He was Present at the commission of a
robbery by that band.
3. Other members of the band committed an
Assault.
4. He did not attempt to Prevent the assault.
Execution of Deeds by
Means of Violence or Intimidation
Art. 298
Elements:
1. Offender has Intent to defraud another;

2. Offender Compels him to sign, execute, or
deliver any public instrument or document;
and
3. Compulsion is by means of Violence or
Intimidation.
ROBBERY BY THE USE OF
FORCE UPON THINGS
Robbery by the use of force upon things is committed only when
either:
1. Offender entered a house or building by
any of the means specified
2. Even if there was No entrance by any of those

means, he broke a wardrobe, chest, or any other
kind of locked or closed or sealed furniture or
receptacle in the house or building, or he took it
away to be broken or forced open outside.
Robbery in an
Inhabited House/Public Building or
Edifice Devoted to Worship
Art. 299
Mode 1: Entering Effected Through Force
Elements:
1. Offender Entered:
a. An inhabited House; or
b. Public Building
c. Edifice devoted to Religious worship
Elements:
2. Entrance was effected by any of the
following means:
a. Through an Opening not intended for entrance or egress;
b. By Breaking any wall, roof, or floor, or door or window;
c. By using False keys, picklocks or similar tools; or
d. By using any fictitious Name or pretending the exercise of public
authority.
Elements:
3. Once inside the building, offender Took
personal property belonging to another with
intent to gain.
Rules:
1. Offender must "enter the house or building in which
the robbery is committed." The whole body must enter
the building or house.
2. There must be intention to take personal property.
3. Means enumerated must be used to enter the house.

False Keys
The genuine key must be stolen, not taken by

force or with intimidation, from the owner.
Otherwise, the crime would be robbery with
intimidation of persons.
Mode 2: Acquisition of Property through Force
Elements:
1. Offender is Inside a dwelling house, public
building, or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it.
Mode 2: Acquisition of Property through Force
Elements:
2. Offender takes personal property
belonging to another, with intent to Gain,
under any of the following circumstances:
a. Breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle; or
b. Taking such furniture or objects away to be broken or
forced open outside the place of the robbery.
Case Summary
1. PEOPLE OF THE PHILIPPINES V. FLORENTINO LABUGUEN Y FRANCISCO ALIAS "TINONG," AND ROMEO ZUÑIGA (G.R. No.
223103, February 24, 2020)
ISSUE: Whether or not the accused must be convicted of Robbery With Homicide and Frustrated Homicide.
2. PEOPLE OF THE PHILIPPINES v. FLORENDO CASTRENCE, ET AL., accused; FLORENDO CASTRENCE y CORILLA and XXX (G.R.
No. 227882 ; August 27, 2020)
ISSUE: Whether or not the accused must be convicted of Robbery with Rape and Frustrated Murder.
Contents of Case Summary:

Case details
Facts of the Case
Issue
SC Ruling
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CRIMES AGAINST

ROBBERY THEFT ESTAFA

1. Robbery with Violence against, or

1. There is a Personal property belonging to

a. Property taken must be personal – if real

b. Prohibitive articles may be the subject of

c. Person from whom the personal property taken

d. Co-owner or Partner cannot commit

Taking - Depriving the offended party of

a. As to Robbery with Violence against or

b. As to Robbery with Force Upon Things –

Intent to Gain is Presumed

Intent to gain is presumed from the unlawful

a. If the accused, with intent to gain, took from

b. If he took personal property from another,

Exception: When violence results in:

2. When the robbery is accompanied by Rape

4. When by reason or on occasion of robbery,

Robbery must be the Main Purpose

The robbery was the main purpose and objective of

Absorption of Other Felonies Committed

All the felonies committed by reason of or on

There will be two separate crimes of homicide or

The concept of robbery with homicide does not

All those who took part as principals in the robbery

Exception: When it clearly appears that one or

Like in robbery with homicide, the offender

Covers Multiple Rapes

All rapes are merged in the composite

In robbery with arson, it is essential that the

There must be an intent to commit robbery, and

Any injuries not under Art. 263 or not serious in

This involves slight or less serious physical injuries,

One where there are no houses at all, a place

When at least 4 (more than 3) armed

When any of the arms used in the

Any member of a band who was present at

1. He was a Member of the band.

1. Offender has Intent to defraud another;

2. Even if there was No entrance by any of those

2. There must be intention to take personal property.

3. Means enumerated must be used to enter the house.

The genuine key must be stolen, not taken by

Contents of Case Summary:

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