People vs. Salvilla (Digest)

People vs. Salvilla

184 SCRA 671 (1990)

Facts:

The accused Bienvenido Salvilla together with his co-accused armed with homemade guns and hand grenade robbed Rodita Habiero in the latter’s office.  In the office of Rodita; her two daughters Mary and Mimmie were also inside.  One of the accused asks Mary to get the paper bag which contained money.  All accused held victims as hostage when the police and military authorities had surrounded the lumber yard.  After the negotiation fails to proceed, the police makes their move in assaulting the robbers thus Mary and Mimmie are injured as well the accused also got an injury.

Issue:

Whether or not the crime of robbery was consummated

Held:

Yes.

Ratio:

            From the moment the offender gained possession of the thing, even if the culprit had no opportunity to dispose of the same, the unlawful taking is complete.