CRIMES AGAINST PROPERTY

Title Ten

 

CRIMES AGAINST PROPERTY

 

Chapter One

ROBBERY IN GENERAL

 
Art. 293. 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.

Section One. — Robbery with violence or intimidation of persons.

Art 294. Robbery with violence against or intimidation of persons; Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed; or when the robbery shall have been accompanied by rape or intentional mutilation or arson.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua whenby reason or on occasion of such robbery any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted;

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. (As amended by R. A. 7659).

Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. — If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties. (RA no 12 sec 2 and RA 373)

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Pp vs Domingo – Heart Attack SC- Robbery w/ homicide

1 robbery many dies- robbery w/ homicide

Pp vs quinones – many rob many offended party apartment Robbery one criminal intent

Robbery w/ rape – the pardon will not alter the criminal liability because it is the crime against rape

Pp vs canastre – rape guinhigot tapos gin rape -  Rape was committed b4 taking the personal property

PP vs angeles – gag after rob then when out and rape separate offence rape and robbery

SC – robbery

-          Forcible abduction with rape

Pp vs flores – 4 men drinking spree marissa rob rape and kill marrisa arrive flores hold marrisa(take everything don’t kill me) rape flores marrisa died and they throw the body and college ring take flores erase the ring batch ring the ring was in a pawnshop. Rape with homicide and theft

PP vs donila – saw a girl, lewd design rape and saw jewelry and rob SC – separate offence rape and robbery

Less serious and serious separate offence – Robbery and the physical injury complex crime robbery with physical injury

Art 294 par 4 – inflict among other separate case robbery and serious physical injury

Napoles vs CA – SC 2 case complex crime robbery w/ homicide and robbery with force upon things

Pp vs astor – accused rob a store went out and police arrive then they hostage the owner then SC crome is robbery the detention was only incidental the detention is absord in the robeery LC robbery and serious illegal detention no serious illegal detention

PP vs salvalla – invoke pp vs astor 1 son of the girl and saw the girl hostage ask 50,000 then 20,000 not receive and increase to 100,000 and all knew the mayor produce 100,000 then they was capture and inflicted physical injury robeery with serious physical injury and serious illegal detention

Robbery w/ homicide- arson, rape force upon things if killed arson component if only in VIP(violence intimidation )  but id arson is comitted force upon things there are two separate offence. Robbery w force upon things and arson.

No generic nitigating shall be offset.

All should be participate

Not qualified if they prevent the crimes

Principal by inducement not be increase to maximum period.