ELEMENTS of robbery IN GENERAL:
1. That there be personal property belonging to another
2. That there is unlawful taking of that property
(apoderamiento or asportacion
3. That the taking must be with intent to gain;
4. That there is violence against or intimidation of
any person, or force upon anything.
Person from whom property was taken need not be the owner.
Legal possession is sufficient.
General rule: The identity of the real owner is not essential so
long as the personal property taken does not belong to the
accused. Exception: If the crime is robbery with homicide
The taking of personal property must be unlawful in order to
constitute robbery. If the property is in the possession of the
offender because it was given to him in trust by the owner,
the crime is estafa.
If taking was lawful, then misappropriated after possession crime
may be malversation, (estafa)
As to robbery w/ 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
As to robbery w/ force upon things, thing must be taken out of
the building in order to consummate robbery.
Intent to gain is presumed from unlawful taking of personal property.
The unlawful taking must not be under the claim of title or ownership.
When there is no intent to gain but there is violence in the taking, the
crime is grave coercion.
The violence or intimidation must be committed against the person
of the offended party, not upon the thing taken.
General rule: Violence or intimidation must be present before
the “taking” is complete.
Exception: When violence results in homicide, rape, intentional
mutilation or any of the serious physical injuries in paragraphs
1 and 2 of Art. 263 (Serious Physical injuries), the taking of
the property is robbery complexed w/ any of these crimes under
Art. 294, even if the taking is already complete when violence
was used by the offender.
Use of force upon things is entrance to the building by means
described in Arts. 299 and 302.
When both violence or intimidation and force upon things concur
in committing the crime, it is robbery w/ violence against persons.
If not personal property but real property or rights crime may
Theft, not robbery, where accused cut with bolo the strings
tying opening of a sack and then took the palay
RA 6539 is applicable when property taken in robbery is a motor
vehicle (Carnapping: taking with intent to gain of motor vehicle
belonging to another without the latter’s consent, or by means
of violence against or intimidation of persons or by using force
upon things; Unqualified -14years and 8 months to 17 years and
4 months; violence/force upon things -17 years and 4 months to
30 years; occupant killed or raped – reclusion perpetua to death)
PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03
For the appellant to be guilty of consummated robbery, there must
be incontrovertible proof that property was taken from the victim.
The appellant is guilty of attempted robbery only when he commences
the commission of robbery directly by overt acts and does not
perform all the acts of execution which would produce robbery by
reason of some causes or accident other than his own spontaneous
Robbery Grave Threats Grave Coercion