Author: Atty. Angeli Andan
Q: What is the difference between Robbery and Theft?
A:
As to nature, both Robbery and Theft fall under the crimes against property.
As to the subject, the subject of both Robbery and Theft is personal property. In both, there must be unlawful taking with intent to gain of a personal property belonging to another.
As to requisites, in the case of Briones vs. People, the Court ruled that to show that robbery was committed, the government needs to prove the following elements: (1) the taking of personal property be committed with violence or intimidation against persons; (2) the property taken belongs to another; and (3) the taking be done with animo lucrandi. On the other hand, the elements constituting the crime of theft are: (1) that there be taking of personal property; (2) that said property belongs to another; (3) that the taking be done with intent to gain; (4) that the taking be done without the consent of the owner; and (5) that the taking be accomplished without the use of violence against or intimidation of persons or force upon things.
As such, the key difference between the two crimes is that in Robbery, there must be employment of violence or the intimidation of persons or use of force upon things. In theft, however, there must not be employment of violence or the intimidation of persons or use of force upon things. It is enough that the offender has unlawfully taken the property of another without the consent of the owner or without his/her permission.
As to intent, intent is an essential requisite in robbery and theft. Intent to gain can be presumed if the prosecution will be able to prove unlawful taking.
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