General rule: violence or intimidation must be present before the “taking” is completeġ1. Violence or intimidation must be against the person of the offended party, not upon the thingġ0.When there’s no intent to gain but there is violence in the taking – grave coercion.Taking must not be under the claim of title or ownership.Intent to gain – presumed from unlawful taking.As to robbery with force upon things – thing must be taken out of the building.As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete.Taking of personal property – must be unlawful if given in trust – estafa.Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide.Belonging to another – person from whom property was taken need not be the owner, legal possession is sufficient.That there is violence against or intimidation of any person, or force upon anything.That the taking must be with intent to gain, and.That there is unlawful taking of that property.That there be personal property belonging to another.
0 kommentar(er)
