Theft vs. Robbery

Living (by myself most of the time) in the hustling and bustling Metro Manila for 20 years now can become tiresome yet still a very good place in the Philippines to pursue my career in law.

There are 2 crime incidences I have personally encountered here. Both are crimes against property which are rampant nowadays. First is when my bag containing ten thousand cash intended for my tuition fee was snatched five years ago.

Then, last Saturday, a holdup man pointed a gun at me inside the jeepney at 2 o’clock in the afternoon and took away my bag. Good thing, my wallet had 7 coins only because I was supposed to withdraw yet from an ATM Machine and my cell phone was just a cheap, camera-less Nokia phone. When I had gotten home, I remembered the scripture: “Give thanks in all circumstances……” (1 Thessalonians 5:18)

The first incidence is a crime of THEFT (Art. 308, Revised Penal Code). It is committed by any person who, with intent to gain but WITHOUT violence against, or intimidation of persons or force upon things, shall take personal property of another without the latter’s consent. Theft is consummated when the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same.

The second one is a crime of ROBBERY (Art. 293, RPC). What distinguishes Robbery from theft is that in robbery, the taking of personal property is by means of violence against, or intimidation of any person just like the pointing of a gun at me or force upon things.

If REAL property is occupied or REAL right is usurped by means of violence against, or intimidation of person, the crime is USURPATION. (Art. 312)

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