Article 294 of the Revised Penal Code: Robbery with violence or intimidation
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 18 (Changed cases 2, 4 and 5; the whole article was later rewritten.)
- Amended by: Presidential Decree No. 767 (Changed paragraph 2; the whole article was later rewritten.)
- Amended by: Republic Act No. 7659 (Wording as amended by this law.)
- Amended by: Republic Act No. 9346 (Republic Act No. 9346 prohibits the imposition of the penalty of death (Sec. 1). In its place, reclusion perpetua is imposed when the law violated uses the nomenclature of the penalties of the Revised Penal Code (Sec. 2). Where this article mentions death, read it with that Act.)
What does Article 294 say?
Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases.
What does it mean in plain language?
Article 294 sets the penalties for robbery committed with violence against or intimidation of a person. The penalty depends on what happened during the robbery: a killing, rape, mutilation or arson; serious physical injuries; unnecessary violence; or none of these. The heaviest level, for robbery with homicide, is reclusion perpetua to death, which today means reclusion perpetua because Republic Act No. 9346 prohibits the death penalty.
The crime itself is defined in Article 293: taking another person's personal property, with intent to gain, by violence against or intimidation of a person, or by force upon things. Article 294 deals only with violence or intimidation of persons. Robbery by force upon things, such as breaking into a house, is in Article 299 and the articles after it.
How does it work in real life?
Jun: a bag pulled away
Jun's bag strap is cut and the bag is pulled away while he is distracted. If the court finds no violence, intimidation or force upon things, the taking may be theft, as in Ablaza and Del Rosario. If the snatcher had punched Jun or threatened him to make him let go, it may be robbery under Article 294.
Arvin: a knife at a jeepney stop
Arvin points a knife at Joy and tells her to hand over her phone. She gives it to him and is not hurt. There is intimidation, and none of the results in cases 1 to 4 happened, so this falls under case 5.
Toto: a killing during a robbery
Toto and a companion enter a store to rob it. When the owner fights back, Toto stabs and kills him, and they take the money. The killing happened on the occasion of the robbery, so the charge would be robbery with homicide under case 1.
What does this mean in practice?
- The prosecutor decides the charge based on the evidence, and the court decides whether violence or intimidation and each result were proven.
- Civil liability. Besides the prison term, the offender is civilly liable under Article 100. Article 104 lists what this covers: restitution, reparation of the damage caused, and indemnification for consequential damages.
- Prescription. Under Article 90, crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years; other afflictive penalties, in fifteen years. See prescription of crimes.
- Clearances. A pending case can show up when the accused applies for a police or NBI clearance. See the police clearance guide.
- For a question-and-answer guide, see robbery in the Philippines: kinds and penalties.
What are the five penalty levels?
The first case reads:
The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.
In plain words, the five cases are:
| Case | What happened during the robbery | Penalty | Range |
|---|---|---|---|
| 1 | Homicide was committed, or the robbery was accompanied by rape, intentional mutilation or arson | Reclusion perpetua to death | Reclusion perpetua today (RA 9346) |
| 2 | Physical injuries under Article 263, subdivision 1 (insanity, imbecility, impotency or blindness) were inflicted | Reclusion temporal in its medium period to reclusion perpetua | 14 years, 8 months and 1 day to 40 years |
| 3 | Physical injuries under Article 263, subdivision 2 were inflicted | Reclusion temporal | 12 years and 1 day to 20 years |
| 4 | The violence or intimidation went clearly beyond what the robbery needed, or physical injuries under Article 263, subdivisions 3 and 4, were inflicted on a person not responsible for the crime | Prision mayor in its maximum period to reclusion temporal in its medium period | 10 years and 1 day to 17 years and 4 months |
| 5 | Other cases | Prision correccional in its maximum period to prision mayor in its medium period | 4 years, 2 months and 1 day to 10 years |
The ranges come from Articles 27 and 76. The injuries in each subdivision are described in Article 263 on serious physical injuries. The court fixes the exact sentence within the range.
For all the robbery penalties in one table, see robbery penalties.
What is robbery with homicide?
Case 1 covers a homicide committed "by reason or on occasion of the robbery". In People v. Casabuena (2020), the Supreme Court listed the elements: the taking of personal property is committed with violence or intimidation against persons; the property belongs to another; the taking is with intent to gain; and by reason or on occasion of the robbery, homicide is committed.
The Court added that the robbery must be the main purpose, and the killing only incidental to it: "The intent to rob must precede the taking of human life. The killing, however, may occur before, during, or after the robbery."
In People v. Jugueta (2016), the Supreme Court also set standard amounts of damages for robbery with homicide and similar crimes. The amounts depend on the penalty imposed and on the injuries suffered; which level applies in a given case is for the court to decide.
How is robbery different from theft?
In Del Rosario v. People (2019), the Supreme Court said that "the distinguishing element between the crimes of robbery and theft is the use of violence or intimidation as a means of taking the property belonging to another". The element is present in robbery and absent in theft.
Snatching is a common example. In Ablaza v. People (2018), necklaces were grabbed from a woman's neck by a rider on the back of a motorcycle. The Court held that "grab" points to the suddenness of the taking, which "cannot be readily equated with the employment of violence or physical force", and found the accused guilty of theft, not robbery. Del Rosario, a necklace snatched in a jeepney, ended the same way. Whether violence or intimidation was used is decided on the evidence of each case.
Intimidation does not need a weapon. In Peralta v. People (2023), the Supreme Court affirmed a conviction for simple robbery under Article 293 in relation to Article 294(5), where money was demanded through intimidation.
For the two crimes side by side, see robbery vs theft.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is the penalty for robbery with violence in the Philippines?
It depends on what happened during the robbery. Article 294 sets five levels, from reclusion perpetua to death when a homicide is committed, down to prision correccional in its maximum period to prision mayor in its medium period (4 years, 2 months and 1 day to 10 years) in other cases.
What is the penalty for robbery with homicide?
Article 294(1) says reclusion perpetua to death. Republic Act No. 9346 prohibits the death penalty, so the highest penalty a court can impose is reclusion perpetua.
What are the elements of robbery with homicide?
In People v. Casabuena (2020), the Supreme Court listed four: the taking of personal property with violence or intimidation against persons; the property belongs to another; the taking is with intent to gain; and by reason or on occasion of the robbery, homicide is committed. The intent to rob must come before the killing.
Is snatching robbery or theft?
It depends on the evidence. In Ablaza v. People (2018) and Del Rosario v. People (2019), the Supreme Court found sudden snatching of a necklace to be theft, because violence or intimidation was not proven. If the snatcher hurt or threatened the victim, it may be robbery.
Is there a fine for robbery with violence?
No. Article 294 sets only prison penalties. The offender is also civilly liable under Article 100, which under Article 104 covers restitution, reparation of the damage caused and indemnification for consequential damages.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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