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Nov 23, 2023 · In robbery by use of force upon things, there is no violence or intimidation against persons in the unlawful taking of another’s personal property; however, there is force upon things (distinguishing it from theft).
Robbery may thus be committed in two ways: (a) with violence against, or intimidation of persons and (b) by the use of force upon things."52 . With respect to robbery by the use of force upon things, same is contained under Section Two, Chapter 1,53 Title Ten54 of the RPC.
Robbery in general and simple theft can be distinguished in the sense that, in robbery, there is force employed upon persons or things, when stealing or taking away personal property without the consent of the owner or possessor thereof. While in theft, there is none.
The penalty for robbery by the use of force upon things as defined under Article 299(a) 2 of the RPC as amended by R.A. No. 10951,60 depends upon the value of the property taken and whether or not the offender carry arms, viz.:
Nov 23, 2023 · Robbery – is an offense committed by “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.” (REVISED PENAL CODE, Article 293) a. Legal basis. Article 293. Who are guilty of robbery.
Nov 23, 2023 · SECTION 2 – ROBBERY BY THE USE OF FORCE UPON THINGS. ELEMENTS – ROBBERY BY THE USE OF FORCE UPON THINGS: 1) There is taking of personal property; 2) The personal property belongs to another; 3) The taking is with animus lucrandi; and, 4) The taking is with force upon things. (Ablaza v. People, G.R. No. 217722, 26 September 2018) 2.
Chapter One is composed of two sections, to wit: Section One - Robbery with violence against or intimidation of persons; and Section Two - Robbery by the use of force upon things. Robbery in general is defined under Article 293 of the RPC as follows: Art. 293. Who are guilty of robbery.
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or. 2.
Oct 19, 2023 · Robbery by the Use of Force Upon Things: Penalties vary based on the value of the items stolen and the manner in which the robbery is conducted, often ranging from arresto mayor to prision correccional.
I. Concept: the taking, with intent to gain, of personal property belonging to another, by means of violence against or intimidation of persons, or by using force upon things. A. The two major classifications are based on the manner by which the robbery was committed.
