Article 293 of the Revised Penal Code: Who is guilty of robbery
Status: In force
What does Article 293 say?
Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery.
What does it mean in plain language?
Article 293 says robbery is taking someone else's personal property, with intent to gain, by using violence against or intimidation of a person, or by using force upon things. The way the property is taken is what makes it robbery. The same taking without violence, intimidation or force is theft under Article 308.
Article 293 only defines the crime. It does not set a penalty. The penalties are in the articles that follow it, and they depend on what happened during the robbery and where it took place.
How does it work in real life?
Jun: phone taken at knife point
Jun is walking home when a man shows a knife and tells him to hand over his phone. Jun gives it up out of fear. The man used intimidation to take personal property, so the act fits robbery under Article 293. The penalty would be set under Article 294.
Rico: a broken window and a missing laptop
Rico breaks the window of a house while the family is at work and takes a laptop. Nobody was hurt or threatened, but he used force upon things to get in. This is robbery, not theft. Because a family lives in the house, it is an inhabited house under Article 301 even though they were away.
Lea: a bag left on a jeepney seat
A passenger leaves her bag on a jeepney seat. Lea quietly takes it and gets off. There was no violence, no intimidation and no force upon things. This fits theft under Article 308, not robbery.
What does this mean in practice?
- The charge depends on the facts proven. The same loss can be robbery or theft depending on how the thing was taken.
- Entering a home against the will of the person living there is a separate crime even when nothing is taken. See Trespass to dwelling.
- Whether a person may use force to stop a robber is a question of self-defense. See Self-defense in the Philippines.
- Article 332, which exempts spouses and close relatives from criminal liability, lists only theft, swindling and malicious mischief. It does not mention robbery.
- If you are accused of robbery or want to file a complaint, a lawyer can check which article applies. See Free legal help in the Philippines.
What are the elements of robbery under Article 293?
Read word by word, the article has these parts:
- Personal property. Something that can be moved, like cash, a phone, a bag or jewelry.
- Belonging to another. The thing is not the taker's own.
- Taking. The thing is taken from its owner or keeper.
- Intent to gain. The taker means to benefit from it.
- Violence, intimidation or force upon things. The taker hurts or threatens a person, or uses force on things, for example by breaking a door.
If one of these is missing, the act is not robbery. It may still be another crime, such as theft, threats or trespass.
What is the difference between robbery and theft?
Both crimes are about taking someone else's personal property with intent to gain. The difference is the means. Article 308 describes theft as a taking done:
without violence against or intimidation of persons nor force upon things
So a pickpocket who takes a wallet without anyone noticing commits theft. A person who takes the same wallet by pointing a knife at the owner commits robbery. For theft penalties by value, see What is the penalty for theft in the Philippines?
What is robbery with violence or intimidation of persons?
This is robbery where a person is hurt or threatened. Its penalties are in Article 294. The heaviest apply when someone is killed, raped or seriously injured during or because of the robbery. For the ordinary case, where none of those happens, the last paragraph of Article 294 says:
The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.
Under the table of durations in Article 76 of the Code, that range runs from 4 years, 2 months and 1 day to 10 years. This is what the law allows, not the sentence a person will receive. The court fixes the actual sentence using other rules of the Code and the facts.
What is robbery by force upon things?
This is robbery where no one is hurt or threatened, but the robber uses force to get in or to open something. Article 299 lists ways of entering a house or building, including:
By breaking any wall, roof, or floor or breaking any door or window.
The same article also lists entering through an opening not meant for entry and using false keys or picklocks. The penalty depends on the place (an inhabited house, a public building or a place of worship under Article 299; other buildings and uninhabited places under Article 302), on whether the robbers were armed, and on the value taken.
Article 301 explains that an "inhabited house" is a dwelling of one or more persons, even if the people living there are away when the robbery happens.
Frequently asked questions
What is the difference between robbery and theft?
Both mean taking someone else's personal property with intent to gain. Robbery uses violence against or intimidation of a person, or force upon things (Article 293). Theft is the same taking without any of these (Article 308).
Is there robbery without a weapon?
Yes. Article 293 does not require a weapon. Violence, intimidation or force upon things is enough. A weapon can matter for the penalty, for example in Article 299, which treats armed robbers in an inhabited house more strictly.
Where is the penalty for robbery written?
Not in Article 293, which only defines the crime. The penalties are in the articles after it. Article 294 covers robbery with violence or intimidation of persons. Articles 299 and 302 cover robbery with force upon things, depending on the place.
Is snatching a bag robbery or theft?
It depends on how it was done. If the snatcher used violence against or intimidation of the victim, the taking fits the definition of robbery in Article 293. A quiet taking with no violence, intimidation or force upon things is theft. The court decides on the facts proven.
Can a family member be charged with robbery?
Article 332 exempts spouses and certain relatives from criminal liability, but only for theft, swindling (estafa) and malicious mischief. Robbery is not on that list.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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