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294 ROBBERY WITH VIOLENCE the first, second, third and fourth paragraphs
AGAINST OR INTIMIDATION OF PERSONS thereof. There is only one penalty prescribed,
even if two crimes are committed. Art. 48 applies
ACTS PUNISHED: only when a complex crime is not punished with
1. When by reason or on occasion of the robbery a specific penalty.
(taking of personal property belonging to another On the occasion or by reason of the
with intent to gain), the crime of homicide is robbery
These phrases mean that the homicide or
2. When the robbery is accompanied by rape or serious physical injuries defined in par 1 and 2 of
intentional mutilation or arson; Art. 263 must be committed in the course or
3. When by reason or on occasion of such because of the robbery
robbery, any of the physical injuries resulting in Robbery and homicide are separate offenses,
insanity, imbecility, impotency or blindness is when the homicide was not committed "on
inflicted; the occasion" or "by reason" of the robbery.
4. When by reason or on occasion of robbery, (See People vs. Atanacio, p. 665)
any of the physical injuries resulting in the loss
of the use of speech or the power to hear or to Where the original design comprehends
smell, or the loss of an eye, a hand, a foot, an robbery, and homicide is perpetrated by
arm, or a leg or the loss of the use of any such reason or on occasion of the consummation
member or incapacity for the work in which the of the former, the crime committed is robbery
injured person is theretofore habitually engaged with homicide.
is inflicted;
-Conviction for robbery with homicide requires
5. If the violence or intimidation employed in the certitude that the robbery was the main purpose
commission of the robbery is carried to a degree and objective of the criminals and that the killing
clearly unnecessary for the commission of the was merely incidental
- Robbery with homicide arises only when there
6. When in the course of its execution, the is a direct relation, an intimate connection,
offender shall have inflicted upon any person not between the robbery and the killing, even if the
responsible for the commission of the robbery killing is prior to, concurrent with, or subsequent
any of the physical injuries in consequence of to the robbery.
which the person injured becomes deformed or
loses any other member of his body or loses the 1. HOMICIDE COMMITTED ON THE
use thereof or becomes ill or incapacitated for OCCASTION OF ROBBERY
the performance of the work in which he is
Simple complex crime, punished as a single
habitually engaged for more than 90 days or the
person injured becomes ill or incapacitated for
labor for more than 30 days; Homicide- is to be understood in its generic
sense as to include parricide and murder
7. If the violence employed by the offender does
not cause any of the serious physical injuries The juridical concept of robbery with
defined in Art. 263, or if the offender employs homicide does not limit the taking of life to
intimidation only. one single victim or to ordinary homicide.
The crime defined in this article is a special -All the homicides or murders are merged in the
complex crime composite, integrated whole that is robbery with
homicide so long as all the killings were
Art. 48 does not apply to the crimes covered by
perpetrated by reason or on the occasion of the
Art. 294 for it provides a specific penalty for each
kind of robbery with violence against persons in
-There is no special complex crime of robbery in -The phrase "by reason" covers homicide
band with double homicide and/or serious, less committed before or after the taking of personal
serious or slight physical injuries, the crime is property of another, as long as the motive of the
still robbery with homicide under Art 294 (1), but offender is to deprive the victim of his personal
the circumstance that it was committed by a property which is sought to be accomplished by
band is merely a generic aggravating eliminating an obstacle or opposition, or to do
circumstance away with a witness or to defend the possession
of the stolen property
-Robbery with homicide absorbs physical injuries
where injuries were committed apart from -It is immaterial that the death supervened mere
robbery and homicide accident provided that the homicide be produced
by reason or on the occasion of the robbery
There is no such crime as robbery with
murder. Homicide, to eliminate an obstacle to the
commission of robbery to the effectuation of
Treachery cannot be considered as a qualifying their unlawful design. There is direct connection
circumstance of murder, but only a generic agg. between the killing and the robbery (See People
because the crime charged is the special crime v. Libre p. 669)
of robbery with homicide
When homicide is committed to remove
Robbery with homicide in a dwelling does opposition or to suppress evidence, it is
not require that robbery with force upon robbery with homicide
things is first committed
Killing a person to escape after the
-What makes the crime of robbery with violence commission of robbery is robbery with
against person, is the injuring or killing of a homicide (People v. Gardon, p.670).
person on the occasion or by reason of the
taking of personal property belonging to another, Is it robbery with homicide if the person
with intent to gain. killed is a robber himself?

-Robbery with homicide need not be committed -The law does not require that the person killed
inside a building. is the owner of the property taken. The killing of
any person by reason or on the occasion of
An intent to take personal property robbery should be punished with the highest
belonging to another with intent to gain must penalty regardless of the person killed
precede the killing.
-There is robbery with homicide, even if the
-If taking the personal property with intent to gain person killed was an innocent bystander and not
came to the mind after killing the victim, two the person robbed
separate crimes of homicide or murder, and theft
are committed. It is robbery with homicide even if the death
of a person supervened by mere accident, it
The crime is robbery with homicide, even if is enough that a homicide resulted by reason or
the motive of the offenders was that of on the occasion of the robbery.
robbery as well as vengeance, such as when
intent to commit robbery preceded the killing, it When homicide is not proved, the crime is
is immaterial that the offenders had also a desire only robbery.
to avenge grievances against the person killed.
Ex, if body was dumped and was never seen, no
Homicide may precede robbery or may occur sufficient evidence to prove the homicide
after robbery
When robbery is not proved, the crime is
-But the offender must have the intent to take only homicide.
personal property before the killing
-When no evidence that certain personal
property was taken by the accused.
Without separate proof of corpus delicti, the Even if the rape was committed in another
extrajudicial confessions wil not support place, it is still robbery with rape
conviction for robbery
-It is not necessary that the rape be committed
In robbery with homicide, must the person prior to or simultaneously with the robbery.
charged as accessory have knowledge of the
commission, not only of robbery, but also of -But if the rape is committed against a woman in
homicide? a house other than that where the robbery is
committed, the rape should be considered a
-Their complicity must accordingly be limited to separate offense
the robbery, not with the killing. He should be
held as accessory only of simple robbery, not of Rape was committed before taking of
the grave offense of robbery with homicide. personal property.

Article 53 provides that the penalty to be -Even if the rape was committed before the
imposed upon the accessories to the taking, they were guilty of robbery with rape.
commission of a consummated felony is the Rape was not their primary objective (See p
penalty lower by two degrees 675)

In robbery with homicide, there is no legal There is no such crime as robbery with
basis for imposing upon the accessory the attempted rape
penalty lower by two degrees. Robbery cannot Art 294 (2) only covers consummated rape.
be separated from homicide, because they are
merged in the composite, integrated whole -The crime cannot be complexed because a
the special complex crime of robbery with robbery cannot be a necessary means to commit
homicide punishable with one penalty attempted rape; nor attempted rape, to commit
robbery. Both crimes cannot be the result of a
All who participated in the robbery as single act.
principals are principals in the single and
indivisible felony of robbery with homicide, When the taking of personal property of a
although they did not take part in the killing, woman is an independent act following
unless it clearly appears that they endeavored to defendant's failure to consummate the rape,
prevent the same there are two distinct crimes committed:
attempted rape and theft (See People v.
Robbery with Homicide Distinguished from Buena p. 676).
Highway Robbery.
Additional rapes committed on the same
Highway robbery as defined in P.D. 532 requires occasion of robbery will not increase the
proof that several accused were organized for penalty
the purpose of committing it indiscriminately
-The objective to deter and punish lawless -The special complex crime of robbery with rape
elements who commit acts of depredation upon has, therefore, been committed by the felonious
persons and properties of innocent and acts of appellant and his cohorts, with all acts of
defenseless inhabitants who travel from one rape on that occasion being integrated in one
place to another, thereby disturbing the peace composite crime
and tranquility of the nation and stunting the
-There are likewise cases which held that the
economic and social progress of the people.
multiplicity of rapes committed could be
2. ROBBERY WITH RAPE appreciated as an aggravating circumstance.
The characterization of the offense as robbery
Rape committed on the occasion of the with rape is not changed because there were
robbery, offender must have the intent to take several rapes committed. The multiplicity of
the personal property belonging to another with rapes should instead be taken into account
intent to gain, and such intent must precede the in raising the penalty to death
-There is no law providing that the additional which later resulted in deformity, would be liable
rape/s or homicide/s should be considered for (1) robbery, and (2) serious physical injuries
as aggravating circumstances. The under Art. 263, paragraph 3
enumeration of aggravating circumstances is
exclusive. The remedy lies with the legislature The serious physical injuries defined in
subdivisions 3 and 4 of Art. 263, inflicted in
When the taking of property after the rape is connection with the robbery, must be
not with intent to gain, there is neither theft inflicted "in the course of its execution."
nor robbery committed
-It is necessary to determine whether the
Ex: Rape was primary objective, taking was not physical injuries were inflicted in the course of
with intent to gain but just to have some tokens the execution of the robbery.
of the supposed consent to the intercourse,
crime committed is rape and unjust vexation If they were inflicted after the taking of the
personal property had been complete, the
Civil liability for robbery with rape. serious physical injuries mentioned should be
considered as separate offense
The civil liability for rape in robbery with rape has
been set at P50.000.00. -In paragraph 4 of Art. 294, the phrase "by
reason" is not used.
-If the accused is married, he should be
sentenced also to support the offspring, but not Requisites of robbery under the second case
to acknowledge the offspring on account of his of par 4 of Art. 294
married status.
1. That any of the physical injuries defined in
When rape and homicide co-exist in the paragraphs 3 and 4 of Art. 263 was inflicted in
commission of robbery, the crime is robbery the course of the robbery;
with homicide and rape under paragraph 1 of
Art. 294, the rape to be considered as an 2. That any of them was inflicted upon any
aggravating circumstance only person not responsible for the commission of the
Robbery with serious physical injuries under
Art. 263, par. 2 (Art. 294, par. 3). Robbery with the use of violence against or
intimidation of any person under paragraph 5
-See comparison of two cases, p. 678 of Art. 294.

Robbery with unnecessary violence and There is simple robbery, because the use of
intimidation (Art 294 par 4). violence against any person does not result in
homicide, rape, intentional mutilation, or any of
-The violence need not result in serious physical the serious physical injuries defined in Art. 263,
injuries. which may give rise to special complex crime.
When the violence or intimidation is -When injury inflicted is qualified only as less
necessary, par. 4 of Art. 294 is not serious physical injuries or slight injuries
-There is violence, even if the physical force
-If the beating was to compel the victim to show employed by the offender merely consists in his
the place where he kept his money, which the pushing the victim
robbers would not have been able to ascertain
had they not resorted to the violence. Violence or intimidation need not be present
before or at the exact moment of taking,
Inflicting serious physical injuries upon any because asportation is a complex fact, a whole
person not responsible for its commission." divisible into parts, a series of acts, in the course
The penalty prescribed in paragraph 4 of Art. of which personal violence or intimidation may
294 should not be applied. The offender who be injected
inflicted on another robber, physical injuries
When the act of snatching a thing from his Gain of the culprit is Gain of the culprit is
hands did not result in violence against the not immediate immediate
person of the offended party, theft, not
robbery is committed
Robbery with Grave Coercion
-If victim did not feel anything at the time her violence
watch was snatched from her wrist, crime is only Violence is used
simple theft Intent to gain No intent to gain
Purpose is to compel
(See illustrative cases of intimidation p.681) another to do
Purpose in taking something against his
There must be acts done by the accused somebodys property will, without authority
which, either by their own nature or by by force or of law, but believing
reason of the circumstances under which intimidation is to himself of be the
they are executed, inspire fear in the person obtain gain creditor or owner,
against whom they are directed thereby seizes the
Not applicable if fear only occurred to his mind
or came from himself alone; if fear was not
inspired by threats, either by acts, spoken Robbery Bribery
words, or gestures, employed by the accused Victim not commit a
crime and he is Victim has committed
The fright of him who is robbed must be under intimidated with a crime and gives
the law an objective fright, as arrest and /or money or gift to avoid
contradistinguished from subjective fright; it must prosecution to arrest or prosecution
have been due, in short, to some act on the part deprive him of his
of the accused, and not arise from the mere personal property * if the victim
temperamental timidity of the person committed a crime
*When the victim did and the public officer
The intimidation consists in causing or creating not commit any accepted bribe, the
a fear in the mind of a person or in bringing in a crime, there is latter thereby agreed
sense of mental distress in view of a risk or evil nothing that would to refrain from doing
that may be impending really or in imagination" have required the something which it
and such fear of injury to person or property public officer to was his official duty
exercise his duty or to do.
must continue to operate on the mind of the
victim at the time of the delivery of the money
Victim is deprived of
He parts with his
Threats to extort money distinguished from his money or property
money or property in
robbery thru intimidation by force or
a sense voluntarily
Threats Robbery Neither mutual or
There is intimidation voluntary, but Transaction is mutual
The purpose is to obtain consummated by the and voluntary
Intimidation is Intimidation is actual use of force
conditional or future, and immediate
that is not immediate
Intimidation may be Intimidation is
through an personal
Intimidation may refer Intimidation is
to the person, honor directed only to the
or property of the person of the victim
offended party or his
Art. 295. Robbery with physical injuries, (2) When the robbery is accompanied by rape or
committed in an uninhabited place and by a intentional mutilation, or arson (subdivision 1,
band, or with the use of firearm on a street, Art. 294); or
road or alley
(3) If by reason or on occasion of robbery, any of
When is robbery with violence against or the serious physical injuries resulting in insanity,
intimidation of persons qualified? imbecility, impotency or blindness is inflicted
(subdivision 2, Art. 294).
If any of the offenses defined in subdivisions 3, 4
and 5 of Art. 294 is committed Ex: When robbery with homicide was committed
by attacking a motor vehicle or moving train, or
(1) in an uninhabited place, or on the street, road, highway or alley with the use
(2) by a band,or of firearms, the penalty prescribed by
subdivision 1 of Art. 294 shall not be imposed in
(3) by attacking a moving train, street car, motor the maximum period. The same is true with
vehicle, or airship, or respect to robbery with rape or robbery with
intentional mutilation.
(4) by entering the passengers' compartments in
a train, or in any manner taking the passengers However, if there is no mitigating circumstance
thereof by surprise in the respective to offset it, the fact that robbery with homicide or
conveyances, or robbery with rape is committed in an uninhabited
place or by a band will have the effect of
(5) on a street, road, highway, or alley, and the
increasing the penalty to the maximum period,
intimidation is made with the use of firearms, the
because it will be considered as an aggravating
offender shall be punished by the maximum
circumstance under Art. 14.
periods of the proper penalties prescribed in Art.
294 Art. 295 is inapplicable to robbery with
homicide, rape, intentional mutilation, and
Must be alleged in the information.
lesiones graves resulting in insanity,
Such qualifying circumstances with physical imbecility, impotency or blindness.
injuries or intimidation must be alleged in the -If the foregoing classes of robbery which are
information and proved during the trial. described in Art. 294 (1) and (2) are perpetrated
by a band, they would not be punishable under
Being qualifying, it cannot be offset by a Art. 295, but then, cuadrilla would be generic
generic mitigating circumstance. aggravating circumstance under Art. 14 of
the Code.
Ex: If robbery by a band is committed in an
uninhabited place, "by a band" is qualifying and
"uninhabited place" would be generic
aggravating circumstance only.

The intimidation with the use of firearm

qualifies only robbery on a street, road,
highway or alley.

Art. 295 provides for different cases in which

robbery with violence against or intimidation
of persons is qualified. This article does not

(1) When by reason or on occasion of the

robbery, the crime of homicide is committed
(subdivision 1, Art. 294);