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1. Robbery:
2. Theft
a). Simple
b). Qualified
3.Estafa
4. Malicious Mischief
a). Ordinary
b). Special Cases
5. Arson
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Penalty
However, notwithstanding the correctness of the finding of
petitioners guilt, a modification is called for as regards the
imposable penalty. On the imposition of the correct penalty,
People v. Mercado is instructive. Pursuant to said case, in the
determination of the penalty for qualified theft, note is taken
of the value of the property stolen, which is P797,187.85 in
this case. Since the value exceeds P22,000.00, the basic
penalty is prision mayor in its minimum and medium periods
to be imposed in the maximum period, that is, eight (8)
years, eight (8) months and one (1) day to ten (10) years of
prision mayor.
To determine the additional years of imprisonment to be
added to the basic penalty, the amount ofP22,000.00 is
deducted from P797,187.85, which yields a remainder of
P775,187.85. This amount is then divided by P10,000.00,
disregarding any amount less than P10,000.00. The end
result is that 77 years should be added to the basic penalty.
However, the total imposable penalty for simple theft should
not exceed 20 years. Thus, had petitioner committed simple
theft, the penalty would be 20 years of reclusion temporal. As
the penalty for qualified theft is two degrees higher, the trial
court, as well as the appellate court, should have imposed
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Robbery In General
I. Concept: the taking, with intent to gain, of
personal property belonging to another, by
means of violence against or intimidation of
1. This means the property does not belong to the accused. Hence there is
no robbery or theft of ones own property. The offenses are either Grave
Coercion instead of robbery and Impossible Crime of Theft instead of the
ordinary crime of theft.
2. The victim need not be the owner. He may be a mere possessor or even
a robber or thief himself. Thus robbery or theft may be committed against
another criminal robber or thief. It is enough that the accused is not the
owner of the property.
students of their money at the point of a gun. Or, when the several
robberies are component parts of a general plan to rob within a specific
place or area. Example: Robbery of several houses in subdivision or robbery
of the various stalls in side the shopping mall.