This case has been cited 2 times or more.
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2008-09-03 |
CHICO-NAZARIO, J. |
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| Intent to gain (animus lucrandi) is presumed to be alleged in an information, in which it is charged that there was unlawful taking (apoderamiento) and appropriation by the offender of the things subject of asportation.[13] In this case, it was apparent that the reason why Ferdinand took the money was that he intended to gain by it. In the meeting held on 30 October 1996, Ferdinand admitted having received the amount and kept it until his reimbursements from the company would be released to him. Thus, in the initial hearing of 23 September 1997, Ferdinand's counsel made this declaration:Court: By the way pañero, what is the defense of the accused? | |||||
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2004-04-14 |
YNARES-SATIAGO, J. |
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| Article 293 of the Revised Penal Code defines robbery to be one committed by any "person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything . . ." Robbery may thus be committed two ways: (a) with violence against, or intimidation of persons and (b) by the use of force upon things.[27] This is distinguished from the crime of theft where the taking is accomplished without the use of violence or intimidation against persons or force upon things.[28] | |||||