crimes against property

1. CRIME AGAINST PROPERTY
•Crimes that are directed to a person’s belongings,
intellectual properties and money.
•Any action whether by theft or destruction of someone
else’s property, and without permission from the rightful
owner, to intentionally or permanently deprive an
individual or commercial entity from their physical or
virtual property.

2. ARTICLE 293 ROBBERY
WHO ARE GUILTY OF ROBBERY?
Any person who, with intent to gain, shall take
any personal property belonging to another, by
means of violence against, or intimidation of any
person, or by using force upon anything, shall be guilty
of robbery.

3. TWO TYPES OF ROBBERY
1. Force upon things; and
2. Intimidation against or violence upon
persons

4. NOTES:
Belonging to another – person from whom propertywas
taken need not be the owner, legal possession is sufficient.
* The property must be personal property and cannot refer to
real property.

5. Taking of personal property – must be unlawful; if given
in trust – estafa
As to robbery with violence or intimidation – from
the moment the offender gains possession of the thing
even if offender has had no opportunity to dispose of
the same, the unlawful taking is complete
As to robbery with force upon things – thing must
be taken out of the building.
* When there’s no intent to gain but there is violence in the
taking – grave coercion

6. * Violence or intimidation must be against the person
of the offended party, not upon the thing.
General rule: violence or intimidationmust be present
before the “taking” is complete.

7. Use of force upon things – entrance to the building
by means described in arts 299 and 302 (offender must
enter).
* When both violence or intimidation and force upon things
concur – it is robbery with violence.

8. unlawful taking
or
Robbery and Theft, compared.
1.Both robbery and theft
involve asportation as an element;
2. Both involve personal property belonging to another;
3. In both crimes, the taking is done with intent to gain;
4.In robbery, the taking is done either with the use
of violence or intimidation of person or the employment
of force upon things; whereas in theft, the taking is
done simply without the knowledge and consent of the
owner.

9. FORCE UPON THINGS
(a)The malefactors shall enter the house or building in which
the robbery was committed, by any of the following means:
1. Through a opening not intended for entrance or egress.
2.By breaking any wall, roof, or floor or breaking any
door or window.
3. By using false keys, picklocks or similar tools.
4.By using any fictitious name or pretending the
exercise of public authority.

10. • Entrance is necessary – mere insertion of hand is not enough
(whole body); not to get out but to enter – therefore, evidence to
such effect is necessary
* Modes of entering that would give rise to the crime of robbery
with force upon things if something is taken inside the premises:
entering into an opening not intended for entrance or egress,
under Article 299 (a).

11. Illustration:
On a sari-sari store, a vehicle bumped the wall. The wall collapsed.
There was a small opening there. At night, a man entered through that
opening without breaking the same. The crime will already be
robbery if he takes property from within because that is not an
opening intended for the purpose.
* Not robbery – passing through open door but getting out of a
window
*If accused entered the house through a door, and it was
while escaping that he broke any wall, floor or window after
taking personal property inside the house – there is no Robbery
committed, only Theft.

12. FALSE KEYS – genuine keys stolen from the owner or any keys
other than those intended by the owner for use in the lock
*False key – used in opening house and not furniture
inside, otherwise, theft (for latter to be robbery., must be broken
and not just opened).
* Use of picklocks or false keys refers to the entering into the premises

13. E.g. pretending to be police to be able to enter (not pretending
after entrance)
* When the robbery is committed in a house which is inhabited, or
in a public building or in a place devoted to religious worship,
the use of fictitious name or pretension to possess authority in
order to gain entrance will characterize the taking inside as
robbery with force upon things.

14. (b)The robbery be committed under
anyof the following circumstances:
1.By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle;
2.By taking such furniture or objects to be broken or
forced open outside the place of the robbery.

15. NOTES:
ROBBERY WITH HOMICIDE –
If original design is robbery and homicide is
committed – robbery with homicide even though
homicide precedes the robbery by an appreciable time.
If original design is not robbery but robbery was
committed after homicide as an afterthought – 2 separate
offenses. e.
Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed and if
death supervened by mere accident.

16. *If death results or even accompanies a robbery, the
crime will be robbery with homicide provided that the
robbery is consummated.
*As long as the criminal objective or plan is to rob,
whether the killing committed by reason or on
occasion thereof is intentional or accidental, the crime is
Robbery with Homicide. ( Pp vs. Pecato, 151 scra 14 ) As
long as there was killing when Robbery was taking
place, Robbery with Homicide was committed, the killing
occurring on the occasion thereof.

17. ROBBERY WITH
RAPE
* intent to commit robbery must precede rape.
When rape and homicide co-exist, rape should be considered
as aggravating only and the crime is still robbery with
homicide...
*The intention must be to commit robbery and even if the rape
is committed before the robbery, robbery with rape is committed.
But if the accused tried to rape the offended party and
because of resistance, he failed to consummate the act, and then
he snatched the vanity case from her hands when she ran away,
two crimes are committed: attempted rape and theft.

18. ROBBERY WITH PHYSICAL INJURIES
To be considered as such, the physical injuries must always
be serious. If the physical injuries are only less serious or
slight, they are absorbed in the robbery. The crime becomes
merely robbery.
But if the less serious physical injuries were committed after
the robbery was already consummated, there would be a
separate charge for the less serious physical injuries. It
will only be absorbed in the robbery if it was inflicted in
the course of the execution of the robbery. The same is
true in the case of slight physical injuries.

19. ROBBERY WITH ARSON
•Another innovation of Republic Act No. 7659 is the composite crime
of robbery with arson if arson is committed by reason of or on
occasion of the robbery. The composite crime would only be
committed if the primordial intent of the offender is to commit
robbery and there is no killing, rape, or intentional mutilation
committed by the offender during the robbery. Otherwise, the
crime would be robbery with homicide, or robbery with rape, or
robbery with intentional mutilation, in that order, and the arson
would only be an aggravating circumstance. It is essential that
robbery precedes the arson.

20. TYPES OF ROBBERS
1.Amateurs – motivated by greed, want, the desire
for a thrill, or need for self-testing.
2.Professionals – are described as those persons
who worked at robbery as a trade making it their
living and having no other means of income.