Robbery in the Philippines sits at an interesting intersection of property crime and crime against persons. Because of this, both the possible prison sentence and the availability and amount of bail depend heavily on how the robbery was committed and what happened in the course of it.
Below is a structured discussion of everything a law student, practitioner, or accused person typically needs to know about bail and prison sentences for robbery under Philippine law.
I. Legal Basis
Robbery in the Philippines is governed primarily by:
The Revised Penal Code (RPC), particularly:
- Articles 293–302 – defining robbery and its various forms
- Related provisions on penalties, mitigating/aggravating circumstances, and complex crimes
The 1987 Constitution, Article III, Section 13 – on the right to bail
The Rules of Court, Rule 114 – on bail
Statutes amending penalties and amounts, especially Republic Act No. 10951, which updated many penalties and monetary thresholds in the RPC
Laws affecting imprisonment and service of sentence, such as:
- The Indeterminate Sentence Law (Act No. 4103, as amended)
- RA 9346 (prohibiting the death penalty)
- Good conduct time allowance (GCTA) rules
II. What Is “Robbery” Under Philippine Law?
1. Core definition
Article 293, RPC: Robbery is committed by taking personal property belonging to another, with intent to gain, by means of violence against or intimidation of any person, or by using force upon things.
So robbery always has:
Taking of personal property
Belonging to another
Intent to gain (animus lucrandi)
Accomplished through either:
- Violence or intimidation on a person; or
- Force upon things (e.g., breaking doors, safes, walls).
2. Contrast with theft
Theft – Taking is without violence, intimidation, or force upon things.
Robbery – Always involves either:
- Violence or intimidation (e.g., pointing a gun, stabbing, punching, threats), or
- Force upon things (e.g., breaking a lock, drilling a safe, removing bars).
This distinction matters because penalties and bail considerations for robbery are generally more severe than for theft.
3. Major categories of robbery in the RPC
Robbery is broken down into:
- Robbery with violence against or intimidation of persons – Art. 294 and related provisions (Arts. 295–297)
- Robbery with force upon things – Arts. 299–302
Within each category, penalties and bail rules vary depending on:
- Where the robbery occurred (e.g., inhabited house, highway)
- How it was carried out (e.g., in band, with firearms, with breaking in)
- What happened during the robbery (e.g., homicide, rape, serious physical injuries)
III. Prison Sentences for Robbery
A. Penalty system under the RPC
The RPC uses penalty classes, each with specific ranges in years:
- Arresto mayor – 1 month and 1 day to 6 months
- Prisión correccional – 6 months and 1 day to 6 years
- Prisión mayor – 6 years and 1 day to 12 years
- Reclusión temporal – 12 years and 1 day to 20 years
- Reclusión perpetua – an indivisible penalty; for practical purposes, 20 years and 1 day up to 40 years (with specific rules on service and eligibility for credits)
Actual sentences are further shaped by:
- Mitigating and aggravating circumstances (Arts. 13–14, RPC)
- The Indeterminate Sentence Law, which usually requires a minimum and maximum term within ranges of penalties.
B. Robbery with Violence or Intimidation (Art. 294, etc.)
This is the most serious form because it directly threatens or harms persons.
The law distinguishes several situations, but conceptually they can be grouped as:
- Robbery with homicide
- Robbery with rape or other grave offenses
- Robbery with serious physical injuries or other aggravating outcomes
- Simple robbery with violence or intimidation (no homicide, no serious injury, no rape)
1. Robbery with homicide
- Occurs when by reason or on occasion of the robbery, homicide is committed.
- “Homicide” here is used in a generic sense and covers murder, parricide, etc., as long as the killing is linked to the robbery.
- Penalty class: Traditionally, reclusión perpetua (and historically up to death, though the death penalty is now prohibited by RA 9346).
- Practical effect: The accused faces a very long prison term, generally equivalent to reclusión perpetua, and this classification directly affects bail (often making it non-bailable when the evidence is strong).
2. Robbery with rape or other similarly grave acts
There are variants where the robbery is accompanied by:
- Rape
- Intentional mutilation
- Other particularly grave acts, sometimes grouped with or treated similarly to robbery with homicide, depending on the specific article and amendments.
Penalties here are likewise in the upper tier: generally reclusión temporal to reclusión perpetua, depending on the exact provision and the presence of other circumstances.
3. Robbery with serious physical injuries
When, by reason or on occasion of robbery, serious physical injuries are inflicted on the victim:
- The penalty typically falls within prisión mayor to reclusión temporal, depending on the seriousness of the injuries and the precise paragraph of Art. 294 involved.
4. Simple robbery with violence or intimidation (no homicide, no rape, no serious injuries)
This covers cases where:
- The offender uses violence or intimidation,
- But no one is killed, no rape is committed, and no serious physical injuries (as defined by the RPC) are inflicted.
Here the penalty is typically lower, usually within the prisión correccional to prisión mayor range, depending on the nature of the intimidation or violence and other circumstances.
C. Robbery with Force Upon Things (Arts. 299–302)
These are situations where the focus is on breaking into a place or object:
Art. 299 – Robbery in an inhabited house, public building, or building dedicated to religious worship, with entry by:
- Breaking doors, windows, walls, roofs, floors
- Using false keys, picklocks, or similar means
- Or other specific forms of unlawful entry
Art. 300 – Robbery in an uninhabited place and in private buildings
Art. 301–302 – Define terms and address special cases
Penalties here generally range from prisión correccional to reclusión temporal, depending on:
- Place (inhabited vs uninhabited)
- Manner of entry (breaking, false keys, etc.)
- Value of the property taken (thresholds updated by RA 10951)
- Presence of aggravating circumstances
Because these often do not directly involve violence or intimidation against persons, they are usually punished less severely than robbery with violence – but still substantially, especially when large amounts are taken or aggravating circumstances exist.
D. Factors that Adjust the Prison Term
Even once the base penalty is known from the provision, the actual sentence can vary due to:
Mitigating circumstances (Art. 13, RPC)
- Example: voluntary surrender, plea of guilty, no prior criminal record, extreme poverty (under certain conditions)
Aggravating circumstances (Art. 14, RPC)
- Example: nighttime, abuse of superior strength, dwelling, use of motor vehicle, recidivism, in band, etc.
Privileged mitigating circumstances
- Example: minority (under 18), incomplete self-defense
Indeterminate Sentence Law
- Court usually imposes a minimum within the range of the penalty next lower in degree
- And a maximum within the range of the penalty prescribed by law for the offense
Thus, two robberies under the same article can result in very different actual sentences depending on circumstances and evidence.
IV. Bail in Robbery Cases
A. Constitutional Rule on Bail
Article III, Section 13, 1987 Constitution:
All persons, except those charged with offenses punishable by reclusión perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties…
Key points:
- General rule: Before conviction, the accused has a right to bail.
- Exception: Offenses punishable by reclusión perpetua and evidence of guilt is strong → bail may be denied.
- Excessive bail is constitutionally prohibited.
This is fleshed out in Rule 114 of the Rules of Court.
B. When Bail Is a Matter of Right in Robbery
Under Rule 114:
Bail is a matter of right:
- Before conviction by the Regional Trial Court (RTC) for offenses not punishable by death, reclusión perpetua, or life imprisonment.
- In cases filed in the Municipal Trial Courts (MTCs), regardless of penalty (these courts handle lower-penalty offenses).
Thus, for robbery:
- Simple robbery with violence/intimidation, punishable only by prisión mayor or lower → bailable as a matter of right before RTC conviction.
- Robbery with force upon things (e.g., Art. 299 or 300), where maximum penalty is below reclusión perpetua → bailable as a matter of right before RTC conviction.
In these cases, the judge must grant bail upon proper application and posting of sufficient bail, but may fix the amount based on legal guidelines.
C. When Bail Is Discretionary or May Be Denied
Bail is not automatic when the offense is punishable by:
- Reclusión perpetua
- Life imprisonment
- (Historically, death, before RA 9346)
Many robbery with homicide or robbery with rape cases fall under this category.
In such cases:
Bail is not a matter of right, but discretionary upon the court.
There must be a bail hearing where:
- The prosecution presents evidence to establish that evidence of guilt is strong.
- The defense can cross-examine and present its own evidence.
If the evidence of guilt is strong, the court should deny bail.
If the evidence of guilt is not strong, the court may grant bail and fix an appropriate amount.
So for robbery with homicide:
- If the charge and law indicate a penalty of reclusión perpetua, bail may be denied when the prosecution shows strong evidence of guilt.
- If the evidence is weak or doubtful, the judge may still allow bail, but the amount is often very high, reflecting the seriousness of the charge.
D. Bail After Conviction
After conviction by the RTC:
If the offense is not punishable by reclusión perpetua or life imprisonment, bail becomes:
- Discretionary, not a matter of right, while the case is on appeal.
If the conviction is for an offense punishable by reclusión perpetua or life imprisonment:
- Bail is generally not available.
So, an accused convicted of simple robbery may sometimes be allowed bail pending appeal, but an accused convicted of robbery with homicide will typically remain in custody.
E. Forms of Bail
Rule 114 recognizes several forms:
- Corporate surety – Through an accredited bonding company.
- Property bond – Real property is offered as security, annotated in the Registry of Deeds.
- Cash deposit – The accused deposits cash with the court.
- Recognizance – Release based on a pledge of responsible persons or the community, usually for indigent or minor offenders, and in situations allowed by law.
In robbery cases, particularly serious ones, courts commonly require corporate surety or cash due to the high amounts involved.
F. How Courts Decide the Bail Amount
The amount is not arbitrary. Under Rule 114, courts must consider several factors, including:
Financial ability of the accused
Nature and circumstances of the offense
- Robbery with homicide or rape → typically higher bail
- Simple robbery or robbery with force upon things → lower relative to more serious forms
Penalty for the offense charged
- Higher maximum penalties justify higher bail
Character and reputation of the accused
- Prior criminal record, known ties to the community, etc.
Age and health of the accused
Weight of the evidence
- If evidence appears strong, bail tends to be higher.
Probability of appearing at trial
- Ties to the locality, employment, family, etc.
Other circumstances – e.g., whether the accused is a foreigner, has history of flight, or has jumped bail before.
Additionally, the Department of Justice issues a Bail Bond Guide, which contains recommended bail amounts by offense. For robbery, the guide usually suggests a range depending on the gravity (e.g., simple robbery vs robbery with homicide). However:
- These amounts are only guidelines.
- The judge is not strictly bound and may go above or below them, provided the amount is not excessive and the judge explains the reasoning if questioned.
Typical practice is that:
- More serious robberies (with homicide/rape) → bail (if allowed at all) is very high.
- Less serious robberies (lower penalties, no serious injury) → bail is lower, but still often substantial, reflecting the seriousness of violent property crimes.
G. Multiple Charges and Co-Accused
If the accused faces several counts of robbery or robbery plus other crimes:
- Bail is usually computed per case or per count, then added, resulting in a cumulative amount.
If there are multiple accused:
- Each accused must post his or her own bail (or joint property/corporate bonds covering each person, as allowed under court rules and the bonding company’s policies).
V. Practical Illustrations
Example 1: Simple Robbery with Intimidation, No Injury
Facts: A man points a knife at a store clerk, takes ₱5,000, and runs. The clerk is unhurt.
Charge: Robbery with intimidation (Art. 294, simple form), no homicide, no serious physical injuries.
Penalty: Typically within the prisión correccional to prisión mayor range.
Bail:
- Offense is not punishable by reclusión perpetua.
- Bail is a matter of right before conviction.
- Judge fixes bail, guided by the Bail Bond Guide and Rule 114 factors (may be in the tens of thousands or more, depending on circumstances).
Example 2: Robbery with Homicide
Facts: During a robbery of a convenience store, the robber shoots and kills the cashier.
Charge: Robbery with homicide.
Penalty: Typically reclusión perpetua.
Bail:
Offense is punishable by reclusión perpetua.
Bail is not a matter of right.
Court holds a bail hearing:
- If evidence of guilt is strong, bail is denied.
- If not strong, bail may be granted but likely at a very high amount.
Example 3: Robbery in an Inhabited House by Breaking
Facts: At night, accused breaks the window of an occupied house and steals jewelry.
Charge: Robbery with force upon things (Art. 299), in an inhabited house.
Penalty: Usually within prisión correccional to reclusión temporal, depending on the value, manner of entry, and other details.
Bail:
- Not punishable by reclusión perpetua.
- Bail is a matter of right before conviction.
- Amount set by court, guided by the Bail Bond Guide and circumstances (e.g., nighttime, dwelling, etc., may justify higher bail).
VI. Special Considerations
1. Minors and Children in Conflict with the Law
Under the Juvenile Justice and Welfare Act (RA 9344, as amended):
- Children below 15 at the time of the commission of the offense are generally exempt from criminal liability and are subjected to intervention programs.
- Children 15 but below 18 may be exempt if they acted without discernment; otherwise, they may be held liable but are treated under special procedures and facilities.
In practice, for minors involved in robbery:
- The system tries to avoid regular detention, favoring intervention, diversion, or youth rehabilitation centers.
- Bail may be less central because custody and rehabilitation frameworks often replace regular imprisonment.
2. Civil Liability
In any robbery conviction, the accused is also civilly liable:
- Restitution of the property taken (or its value)
- Reparation for damage to property
- Indemnity for consequential damages (e.g., medical expenses, loss of earning capacity in cases of injury, moral and exemplary damages when justified)
These civil liabilities are separate from the prison term and are usually stated in the judgment.
3. Good Conduct Time Allowance (GCTA)
Even when an accused is sentenced to a long term (e.g., reclusión temporal or reclusión perpetua), the actual time served can be affected by:
- Good conduct time allowances
- Other credits provided by law and administrative regulations (subject to later legal developments and jurisprudence)
However, serious offenses like robbery with homicide may be subject to stricter treatment under GCTA rules, and there has been substantial jurisprudential and legislative scrutiny around this.
VII. Practical Checklist: Robbery, Bail, and Sentence
For practitioners or students, you can think of robbery cases in the Philippines in terms of a checklist:
Identify the exact form of robbery:
- Violence/intimidation vs force upon things
- Any homicide, rape, or serious physical injuries?
- Place: inhabited house, public building, highway, etc.?
- In band? With weapons? At nighttime? With abuse of dwelling?
Determine the statutory penalty class (from the relevant article):
- Does it go up to reclusión perpetua?
- Is it only prisión mayor or lower?
Bail classification:
- If maximum penalty < reclusión perpetua → bail is a matter of right before RTC conviction.
- If punishable by reclusión perpetua or life imprisonment → bail is discretionary, subject to bail hearing and proof whether evidence of guilt is strong.
Compute or estimate bail amount:
- Consult applicable Bail Bond Guide.
- Apply Rule 114 factors: financial capacity, seriousness of offense, weight of evidence, risk of flight, etc.
- Ensure bail is not excessive but sufficient to secure the accused’s appearance.
Assess possible sentence:
Apply the penalty in the article, then adjust for:
- Mitigating/aggravating circumstances
- Privileged mitigations (e.g., minority)
- Indeterminate Sentence Law (minimum and maximum terms)
Advise on strategy:
- For the accused: whether to apply for bail, how to show roots in the community, how to question strength of evidence at a bail hearing (especially in non-bailable robbery with homicide cases).
- For the prosecution: how to present strong evidence at bail hearings to justify detention in grave robbery cases.
In summary:
- Prison sentences for robbery in the Philippines range from a few months (for the least serious, force-upon-things variants) to reclusión perpetua (for robbery with homicide, rape, or comparable grave outcomes).
- Bail is generally available for simple robbery and robbery with force upon things, but for robbery with homicide or rape, it becomes a highly discretionary matter, often resulting in no bail when the evidence is strong.
Everything ultimately turns on the specific facts, the precise article charged, and the court’s evaluation of both the offense and the accused.