Who are Guilty of Robbery?

Article 293 of the Revised Penal Code (RPC) states:

ART. 293. Who are Guilty of Robbery.- 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.

To warrant a conviction of the crime of Robbery, the following elements must concur: 1) there is a taking of personal property; 2) the personal property belongs to another; 3) the taking is with animus lucrandi or intent to gain; and 4) the taking is with violence against or intimidation of persons or with force upon things. [1]

In Consulta v. People,[2] the Supreme Court held that animus lucrandi or intent to gain is an internal act which can be established through the overt acts of the offender. The offender's intent to gain may be presumed from the forcible taking of useful property pertaining to another, unless special circumstances reveal a different intent on the part of the perpetrator.[3] In People v. Hernandez,[4] the High Court held that, in cases of Robbery, the crime is considered complete from the moment the offender gains possession of the thing even if he has no opportunity to dispose of the same, to wit:

In robbery, there must be an unlawful taking or apoderamiento which is defined as the taking of items without the consent of the owner, or by means of violence against or intimidation of persons, or by using force upon things. Taking is considered complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. There is, likewise, no need to prove the exact amount of money taken, as long as there is proof of the unlawful taking. Intent to gain, or animus lucrandi, as an element of the crime of robbery, is an internal act; hence, presumed from the unlawful taking of things.[5] (Emphasis supplied)

[1] Consulta v. People, 598 Phil. 464, 471 (2009).

[2] Id.

[3] Id.

[4] 476 Phil. 66 (2004).

[5] Id. at 85.