Under the Revised Penal Code (RPC) of the Philippines, Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of persons, or using force upon things.
When the crime involves violence or physical injuries, it falls under Article 294 of the RPC. This is a "composite crime" (or delito compuesto), meaning the law treats the robbery and the resulting physical injuries as a single, complex offense with a specific prescribed penalty.
1. The Nature of the Charges
The severity of the charge—and consequently the penalty and bail—depends entirely on the outcome of the violence used:
- Robbery with Homicide: The most severe form (Penalty: Reclusion Perpetua to Death).
- Robbery with Rape/Mutilation: (Penalty: Reclusion Perpetua to Death).
- Robbery with Serious Physical Injuries: Under Article 294, paragraph 3, if the violence results in injuries such as loss of speech, hearing, or a limb (Penalty: Reclusion Temporal).
- Simple Robbery with Violence: If the violence or intimidation does not result in the specific injuries mentioned above (Penalty: Prision Mayor in its medium period to Reclusion Temporal in its minimum period).
The Right to Bail
In the Philippines, the right to bail is a constitutional guarantee. However, it is not absolute. Whether an accused can post bail depends on the strength of the evidence and the maximum penalty involved.
When Bail is a Matter of Right
If the offense is punishable by a penalty lower than Reclusion Perpetua (e.g., Prision Mayor), bail is a matter of right before conviction by the Regional Trial Court. For "Simple" Robbery with Violence, the accused is generally entitled to bail.
When Bail is a Matter of Discretion
If the charge is Robbery with Homicide or Robbery with Mutilation, these are punishable by Reclusion Perpetua. In these cases:
- Bail is discretionary.
- The court will hold a Bail Hearing to determine if the evidence of guilt is strong.
- If the evidence is strong, bail is denied. If the evidence is weak, the court will set a bail amount.
Determining the Bail Amount
The Department of Justice (DOJ) issues a Bail Bond Guide, though judges have the ultimate discretion to increase or decrease the amount based on:
- The financial ability of the accused.
- The nature and circumstances of the offense.
- The weight of the evidence.
- The probability of the accused appearing at trial (flight risk).
| Type of Robbery (Art. 294) | General Penalty Range | Bail Status |
|---|---|---|
| With Homicide / Rape | Reclusion Perpetua | Discretionary (often denied) |
| With Serious Physical Injuries | Reclusion Temporal | Generally a Matter of Right |
| Simple Robbery w/ Violence | Prision Mayor | Matter of Right |
Legal Defenses and Mitigating Circumstances
To counter or lower the charges, an accused might argue:
- Absence of Intent to Gain (Animus Lucrandi): If the property was taken under a claim of ownership.
- Lack of Violence: Attempting to downgrade the charge to "Theft," which carries much lighter penalties and lower bail.
- Alibi or Mistaken Identity: Challenging the prosecution's evidence that the accused was the perpetrator.
Note: Under Philippine law, if violence is used at any point during the taking (even if initially it was a stealthy theft), the crime is elevated to Robbery.
Procedure for Posting Bail
- Application: The accused files a petition for bail in the court where the case is pending.
- Form of Bail: This can be a Corporate Surety (insurance bond), Property Bond, Cash Deposit, or Recognizance (release to a reputable member of the community).
- Release: Once the judge approves the bail and the accused complies with the conditions (e.g., finger-printing and photographs), a Release Order is issued.
Would you like me to draft a summary of the specific penalties (years of imprisonment) for each degree of physical injury in a robbery case?