Art294.

Robbery with violence against or injured person is theretofore habitually

intimidation of persons — Penalties. — Any engaged is inflicted.
person guilty of robbery with the use of
5. If the violence or intimidation employed in
violence against or intimidation of any
the commission of the robbery is carried to a
person shall suffer:
degree clearly unnecessary for the commission
1. The penalty of reclusion perpetua to of the crime.
death, when by reason or on occasion of
6. When in the course of its execution, the
the robbery, the crime of homicide shall
offender shall have inflicted upon any person
have been committed; or when the robbery
not responsible for the commission of the
shall have been accompanied by rape or
robbery any of the physical injuries in
intentional mutilation or arson;
consequence of which the person injured
2. The penalty of reclusion temporal in its becomes deformed or loses any other member
medium period to reclusion perpetua,3 of his body or loses the use thereof becomes ill
when by reason or on occasion of such or incapacitated for the performance of the
robbery, any of the physical injuries work in which he is habitually engaged for
penalized in subdivision 1 of Article 263 more than 90 days or the person injured
shall have been inflicted; becomes ill or incapacitated for labor for more
than 30 days.
The penalty of reclusion temporal,* when
by reason or on occasion of the robbery, 7. If the violence employed by the offender
any of the physical injuries penalized in does not cause any of the serious physical
subdivision 2 of the article mentioned in injuries, or if the offender employs
the next preceding paragraph, shall have intimidation only.
been inflicted;
“On the occasion” or “by reason” of
4. The penalty of prision mayor in its robbery
maximum period to reclusion temporal in
- The homicide or physical injuries
its medium period if the violence or
defined in par. 1 and 2 of Art. 263 must
intimidation employed in the commission
be committed in the course or because
of the robbery
of the robbery.
- Robbery and homicide are separate
offenses when the homicide was
Acts punished as robbery with violence
committed outside the occasion of the
against intimidation of persons:
robbery.
1. When by reason or on occasion of the
Homicide – In a generic sense, includes
robbery, the crime of homicide is committed
parricide and murder.
2. When the robbery is accompanies by rape
There is no such crime as robbery with
or intentional mutilation or arson
murder
3. When by reason or on occasion of such
- Treachery cannot be considered as a
robbery, any of the physical injuries resulting
qualifying circumstance of murder,
in insanity, imbecility, impotency, or
because the crime charged is the
blindness is inflicted.
special crime of robbery with homicide.
4. When by reason or on occasion of robbery, The treachery cannot be considered
any of the physical injuries resulting in the qualifying but merely as a generic
loss of the use of speech or the power to hear aggravating circumstance.
or to smell, or the loss of an eye, a hand, food,
Intent to gain must precede the killing
arm, or leg or the loss of the use of any such
member or incapacity of the work in which the - If not, the accused is guilty of two
separate crimes of homicide or murder,
 as the case may be, and theft or other is raping a woman in the same
robbery. house.
There is robbery with homicide, even if the Even if the rape was committed in another
motive of the offenders was that robbery as place, it is still robbery with rape.
well as vengeance
- It is not necessary that the rape be
- When the intent is to commit robbery, committed prior to or simultaneously
preceded with it the taking of human with rape.
life, it is immaterial that the offenders
Rape committed before the taking
had also the desire to avenge
grievances. - Provided that the culprits had intent to
gain through the taking of personal
Homicide may precede or occur after the
property, there is still robbery with
robbery.
rape.
- However, if the killing preceded, the
There is no crime of robbery with
offender must have the intent to take
attempted rape.
personal property before the killing.
- Thus, what is material that the - This cannot be a complex crime under
homicide was committed to eliminate Art 48, because a robbery cannot be a
an obstacle to the commission of necessary means to commit attempted
robbery, suppress evidence, or to rape; nor attempted rape, to commit
remove opposition. robbery.
When homicide is not proved, the crime is When the taking of property after the rape
only robbery is not with intent to gain, there is neither
theft nor robbery committed
- Likewise, when robbery is not proved,
the crime is only homicide. - The accused shall be convicted of two
distinct crimes of rape an unjust
In robbery with homicide, must the person
vexation.
charged as an accessory have knowledge of
the commission, not only of robbery, but Civil liability for robbery with rape
also of homicide?
- The fine was set at 50,000 (1994)
- Article 53 provides that the penalty to - If the accused is married, he should be
be imposed upon the accessories to the sentenced also to support the offspring,
commission of a consummated felony is but not to acknowledge the offspring on
the penalty lower by two degrees than account of his married status.
that prescribed by law for the
consummated felony. When rape and homicide co-exist in the
commission of robbery (People v. Ganal)
All who participated in the robbery as
principals are principals in robbery with - The crime is robbery with homicide and
homicide. rape under paragraph 1 of 294, the
rape to be considered an aggravating
- Although they did not take part actually circumstance only.
in the killing, unless it clearly appears
that they endeavored to prevent the Robbery with serious physical injuries
same. - Upon robbing the victim, the latter lost
Rape committed on the occasion of robbery the hearing of one ear, following the
blows received from the accused.
- While some robbers are ransacking for
the personal property in the house, the Robbery with unnecessary violence and
intimidation
 - Violence need not result in serious - There is violence even if the force
physical injuries, all it requires is that employed by the offender merely
the violence be unnecessary for the consists in the pushing of his victim.
commission of robbery.
Violence or intimidation need not be
- Tying the victim after wounding him
present before or at the exact moment
and leaving him tied to the tree after
when the object is taken
taking his money constitutes
unnecessary violence and intimidation. - Violence or intimidation may enter at
any time before the owner is finally
When the violence or intimidation is
deprived of his property.
necessary, par. 4 is not applicable
Robbery with violence or intimidation “in
- The victim bound and beaten with the
other cases”
butt of the gun was for him to show the
place where he kept his money, which 1. Snatching money from the hands of the
he refused to do at first. victim and pushing her to prevent her from
recovering the seized property.
If the serious physical injuries were
inflicted upon any person not responsible 2. Grabbing pawn ticket from the hands of
for its commission another and intimidating him.
- If the robber inflicted deformities on Threats to extort money distinguished
another robber upon the former’s from robbery thru intimidation
request to have all the loot, two
independent crimes will be convicted to - In both crimes, there is intimidation by the
him (1) robbery, and (2) serious offender, and there is intent to gain. However:
physical injuries. 1. In robbery, the intimidation is actual and
- Hence, in robbery, it is necessary to immediate, whereas in threats, the
determine whether the physical injuries intimidation is conditional or future, that is,
were inflicted in the course of execution not immediate.
of the robbery.
2. In robbery, the intimidation is personal, in
Requisites of robbery under the second threats, it may be through an intermediary.
case of paragraph 4 of Art. 294.
3. In threats, the intimidation may refer to the
1. That any of the physical injuries defined in person, honor, or property of the offended
paragraphs 3 and 4 of Art. 263 was inflicted in party or that of his family, while in robbery,
the course of robbery; and the intimidation is directed only to the person
2. That any of them was inflicted upon any of the victim.
person not responsible for the commission of 4. In robbery, the gain of the culprit is
robbery. immediate, whereas in threats, the gain of the
Robbery with the use of violence against or culprit is not immediate.
intimidation of any person under par 5 of Robbery with violence distinguished from
Art 294 grave coercion
- Robbery in this paragraph is known as 1. In both crimes, there is violence used by the
simple robbery, because the use of offender.
violence against any person does not
result to homicide, rape, intentional 2. While in robbery, there is intent to gain,
mutilation, or any of the serious such element is not present in coercion.
physical or slight physical injuries.
Robbery and bribery distinguished
1. There is robbery when the victim did not physical injuries covered by sub-divisions 3
commit a crime and he is intimidated with and 4 of said Article 23.chanrobles virtual
arrest and/or prosecution to deprive him of law library
his personal property. There is bribery when
5. The penalty of prision correccional in its
the victim has committed a crime and gives
maximum period to prision mayor in its
money or gift to avoid arrest or prosecution.
medium period in other cases. (As amended
2. In robbery, the victim is deprived of his by R. A. 18).
money or property by force or intimidation, in
When is robbery with violence or
bribery, he parts with his money or property
intimidation qualified?
in a sense voluntarily.
1. committed in an uninhabited place;
Art. 295. Robbery with violence against or
intimidation of persons; Penalties. — Any 2. by a band; or
person guilty of robbery with the use of
violence against or intimidation of any 3. by attacking a moving train, street car,
person shall suffer: motor vehicle, or airship, or

1. The penalty of reclusion perpetua to 4. by entering the passenger’s compartments

death, when by reason or on occasion of in a train, or in any manner taking the
the robbery, the crime of homicide shall passengers thereof by surprise in the
have been committed. respective conveyances; or

2. The penalty of reclusion temporal in its 5. on a street, highway, or alley, and the
medium period to reclusion perpetua when intimidation is made with the use of firearms,
the robbery shall have been accompanied the offender shall be punished by the
by rape or intentional mutilation, or if by maximum periods of proper penalties
reason or on occasion of such robbery, any prescribed in Article 294.
of the physical injuries penalized in Must be alleged in the information
subdivision 1 of Article 263 shall have been
inflicted; Provided, however, that when the - The five qualifying circumstances must
robbery accompanied with rape is be alleged in the information and
committed with a use of a deadly weapon proved during the trial.
or by two or more persons, the penalty
It cannot be offset by a generic mitigating
shall be reclusion perpetua to death (As
circumstance
amended by PD No. 767).
- Thus, if a robbery by a band is
3. The penalty of reclusion temporal, when
committed in an uninhabited place, by
by reason or on occasion of the robbery,
a band is qualifying and uninhabited
any of the physical injuries penalized in
place would be a generic circumstance
subdivision 2 of the article mentioned in
only.
the next preceding paragraph, shall have
been inflicted. Art. 296. Definition of a band and penalty
incurred by the members thereof. — When
4. The penalty of prision mayor in its
more than three armed malefactors take
maximum period to reclusion temporal in
part in the commission of a robbery, it
its medium period, if the violence or
shall be deemed to have been committed
intimidation employed in the commission
by a band. When any of the arms used in
of the robbery shall have been carried to a
the commission of the offense be an
degree clearly unnecessary for the
unlicensed firearm, the penalty to be
commission of the crime, or when the
imposed upon all the malefactors shall be
course of its execution, the offender shall
the maximum of the corresponding penalty
have inflicted upon any person not
provided by law, without prejudice of the
responsible for its commission any of the
criminal liability for illegal possession of of one who would resist the
such unlicensed firearms. depredations.
Any member of a band who is present at There is no crime as robbery with homicide
the commission of a robbery by the band, in band
shall be punished as principal of any of the
- However, the offense shall be
assaults committed by the band, unless it
denominated as robbery with homicide
be shown that he attempted to prevent the
with the ordinary aggravating
same.
circumstance of band.
Outline:
When rape is not considered any of the
1. When at least four armed malefactors took assaults committed by the band
part in the commission of a robbery, it is
- When one of the culprits took an
deemed committed by a band.
offended woman away from the place of
2. When any of the arms used in the robbery, thereby raped her there, he
commission of robbery is not licensed, the alone is guilty of robbery with rape. His
penalty upon all the malefactors shall be the companions are guilty of simple robbery
maximum of the corresponding penalty by a band.
provided by law, without prejudice to the
Art. 297. Attempted and frustrated robbery
criminal liability for illegal possession of such
committed under certain circumstances. —
firearm.
When by reason or on occasion of an
3. Any member of a band who was present at attempted or frustrated robbery a homicide
the commission of a robbery by the band, is committed, the person guilty of such
shall be punished as principal or any of the offenses shall be punished by reclusion
assaults committed by the band, unless it is temporal in its maximum period to
shown that he attempted to prevent the same. reclusion perpetua, unless the homicide
committed shall deserve a higher penalty
Requisites for liability for the acts of the
under the provisions of this Code.
other members of the band
Art. 298. Execution of deeds by means of
A member of the band is liable for any of
violence or intimidation. — Any person
the assaults committed by the other members
who, with intent to defraud another, by
thereof, when the following requisites concur:
means of violence or intimidation, shall
1. He was a member of the band compel him to sign, execute or deliver any
public instrument or documents, shall be
2. He was present at the commission of a held guilty of robbery and punished by the
robbery penalties respectively prescribed in this
3. Other members of the band committed an Chapter.
assault Elements:
4. He did not attempt to prevent the assault. 1. That the offender has the intent to defraud
another
When is the robbery deemed committed by
the band 2. That the offender compels him to sign,
execute, or deliver any public instrument or
- When more than three armed document
malefactors take part in the
commission of robbery. 3. That the compulsion is by means of
violence or intimidation.
Clubs are arms
- Clubs are arms, which, in the hands of
a band, may be as dangerous to the life