TITLE TEN

CRIMES AGAINST
PROPERTY
ART. 293. Who are guilty of robbery.

Classification of robbery
1. Robbery with violence against, or
intimadation of persons (Arts. 294,
297 and 298).
2. Robbery by use of force upon things
(Arts. 299 and 302).
 Elements of robbey in
general:
1. That there must be personal
property belonging to another;
2. That there is unlawful taking of that
property;
3. That the taking must be with intent
to gain;
4. That there is violence against or
intimidation of any person or force
used upon things.
 Art. 294. Robbery with violence
against or intimidation of persons.
Acts Punished:
1. When by reason or on occasion of the robbery,
the crime of homicide is committed; or when
the robbery is accompanied by rape or
intentional mutilation or arson.
2. When by reason or on occasion of such robbery
any of the physical injuries resulting in insanity,
imbecility, impotency, or blindness id inflicted.
3. When by reason or on occasion of robbery, any
of the physical injuries penalized in subdivision
2 of Art.263 is inflicted.
4. If the violence or intimidation employed
in the commission of the robbery is
carried to a degree clearly unnecessary
for the commission of the crime; or when
in the course of its execution, the
offender shall have inflicted upon any
person not responsible for its
commission.
5. If the violence employed by the offender
does not cause any of the serious
physical injuries defined in Art. 263, or if
the offender employs intimidation only.
 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 any of the offenses defined in subdivisions 3,4
and 5 of Art. 294 is committed
1. In an uninhabited place, or
2. By a band, or
3. By attacking a moving train, street car, motor
vehicle, or airship, or
4. By entering the passengers compartments in a
 train, or in any manner taking
the passengers therof by surprise
in the respective conveyances, or

5. on a street, road, highway, or

alley, and the intimidation is made
with the use of firearms, the
offender shall be punished by the
maximum periods of the proper
penalties prescribed in Art. 294.
Art. 296. Definition of a band and penalty
incurred by the members therof.
1. When atlest four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band.
2. When any of the arms used in the commission of
robbery is not licensed, the 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.
3. 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 a band,
unless it be shown that he attempted to prevent the
same.
Art. 297. Attempted and frustrated robbery
committed under certain circumstances .

When by reason or on occasion of an

attempted or frustrated robbery a
homicide is committed.
 Art. 298. Execution of deeds by
means of violence or intimidation.
Elements:
1. That the offender has intent to
defraud another.
2. That the offender compels him to
sign, execute, or deliver any public
instrument or document.
3. That the compulsion is by means of
violence or initimidation.
 Two kinds of robbery with force
upon things:
1. Robbery in an inhabited house or
public building or edifice devoted to
religious worship. (At. 299)
2. Robbery in an uninhabited place or
in a privated building. (Art. 302)
 Art. 299.Robbery in an inhabited house or
public building or edifice devoted to religious
worship.

(a). Robbery with force upon things.

Elements:
1. That the offender entered an inhabited
place, or public building, or edifice
devoted to religious worship.
2. That the entrance was effected by any of
the ff. means:
a. through an opening not intended for
entrance or egress;
 b. by breaking any wall, roof, or floor, or
breaking any door or window;
c. by using false keys, picklocks, or
other similar tools; or
d. by using any fictitious name or
pretending the exercise of public
authority.

3. That once inside the nuilding, the

offender took personal property
belonging to another with intent to gain.
 (b). Robbery with force upon things:
Elements:
1. That the offender is inside a dwelling house, public
building, or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it;
2. That the offender takes personal property belonging
to another with intent to gain, under any of the ff.
circumstances:
a. by the breaking of such doors, wardrobes, chests,
or any other kind of locked or sealed furniture or
receptacle; or
b. by taking such furniture or objects away to be
broken or forced open outside the place of the
robbery.
 Art. 300. Robbery in an
uninhabited place and by a
band.

The robbery mentioned in the

next preceding article, if
committed in an uninhabited
place and by a band.
 Art. 301. what is an
inhabited house, public
building, or building
dedicated to religious
worship and their
dependencies.
 Art.302. Robbery in an uninhabited
place or in a private building.
Elements:
1. That the offender entered an uninhabited place or a
building which was not a dwelling house, not a public
building, or not an edifice devoted to religious
worship.
2. That any of the ff. circumstances was present:
a. the entrance was effected through an opening not
intended for entrance or egress;
b. a wall, roof, floor, or outside door or window was
broken;
c. the entrance was affected through the use of false
keys, picklocks or other similar tools;
 d. a door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken; or
e. a closed or sealed receptacle was
removed, even if the same be broken
open elsewhere.

3. That whith intent to gain, the

offender took therefrom personal
property belonging to another.
Art. 303. Robbery of cereals, fruits,
or firewood in an uninhabited
place or private building.

Art. 304. Possession of picklocks or

similar tools.
Elements:
1. That the offender has in his possession picklocks
or similar tools;
2. That such picklocks or similar tools are specially
adopted to the commission of robbery;
3. That the offender does not have lawful cause for
such possession.
 Art. 305. False Keys.
Shall deem to include:
1. The tools mentioned in the next
preceding article;
2. Genuine keys stolen from the owner;
3. Any keys other than those intended
by the owner for use in the lock
forcibly opened by the offender.
Art. 306. Who are brigands.
There is brigandage when
1. There be atleast four armed persons.
2. they formed a band of robbers.
3. The purpose is any of the following:
a. to commit robbery in the highway
b. to kidnap persons for the purpose or
extortion or to obtain ransom; or
c. to attain by means of force and
violence any other purpose.
Art. 307. Aiding and abetting a band
of brigands.
Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the ff acts:
a. he in any manner aids, abets, or protects such
band of brigands;
b. he gives them information of the movements of
the police or other peace officers of the
Government; or
c. he acquires or recieves the property taken by
such brigands.