Saturday, December 5, 2020

ROBBERY WITH RAPE 


"The crime of ROBBERY WITH RAPE is punished under ARTICLE 294(1) of the REVISED PENAL CODE, as amended by REPUBLIC ACT NO. 7659:

ARTICLE 294. ROBBERY with VIOLENCE against or INTIMIDATION of persons - PENALTIES. - Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:

The penalty of SECLUSION PERPETUAL 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.

The elements of ROBBERY WITH RAPE are the following:

(1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is characterized by intent to gain or animus lucrandi; and (4) the robbery is accompanied by rape.43"

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. PIO SALEN, JR. Y SENA, ACCUSED-APPELLANT. G.R. No. 231013, January 29, 2020.