A Law Student was robbed by four unidentified suspects in
Cristobal street corner UN avenue.
The Robbery was caught on a CCTV installed in the area.
The CCTV showed that on or about 11 PM, the law student was
walking along Cristobal street when two of the four suspects
pointed a gun at him and announced the robbery.
The Robbers demanded that he give his bag and money.
The Student fought back and was able to run away from the
Shots were fired but the student was not harmed.
Police investigation is underway to determine the identity of
the four suspects.
The Suspects committed the crime of Robbery.
Read: What is Robbery?
From the facts presented above, the suspects did not gain
possession of the bag and money of the victim.
In 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
In the case above, it is clear that the unlawful taking is not
The Crime of Robbery was not consummated.
Refresh your memory:
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements necessary for its execution
and accomplishment are present.
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance
Crimes which do not admit of Frustrated Stage:
3. Corruption of Public Officers
5. Physical Injury
Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law
2. Formal crimes – consummated in one instance
Ex: slander, adultery, etc.
3. Impossible Crimes
4. Crimes consummated by mere attempt
Ex: attempt to flee to an enemy country, treason, corruption
5. Felonies by omission
6. Crimes committed by mere agreement
Ex: betting in sports: “ending,” corruption of public officers