Francisco de Guzman v. People of the Philippines transfer it.

transfer it. Furthermore, De guzman did not falsely claim ownership over the bench and did
G.R. No. 166502 / October 17, 2008 / Justice Velasco, Jr. not make any effort to conceal the bench showing absence of intent to gain
Robbery with force upon things (intent to gain)

Facts
Lucia Valdez married Agustin Valdez following the death of Agustins first wife,
Presentatcion. The relationship turned sour and the two separated Agustin went to
the US while Lucia remained in the couples house in La Union.
An earthquake occurred which prompted Lucia and her children to move out of the
house.
Agustin then learned that Lucia was selling their personal property which prompted
him to ask Ramon Valdez, his son with Presentacion, to retrieve whatever was left
in their house.
Ramon then went to the uninhabited house of Lucia and demolished the north
eastern portion of the kitchen to gain entry. He then asked help from the neighbors
including Francisco de Guzman to bring the property out.
All of the property was brought to Ramons house (aparador mortars, frying pan,
and bed) but a wooden bench remained in the house of de Guzman.
A criminal charge of Robbery with force upon things was charged.
Defenses:
Ramon claims that he did not intend to gain from his act and that he was just
following the instruction from his father to take the personal property belonging to his
mother.
De Guzman claims that he merely helped Ramon to bring out the properties and the
wooden bench was temporarily placed at his house because his house was closer.

RTC: Ramon acquitted; De Guzman convicted of Robbery

CA: Affirmed the decision of the RTC de Guzman cannot use the acquittal of Ramon as a
defense because the defense is personal to Ramon

Issue:
WON de Guzman is guilty of Robbery with force upon things?

Held
NO. To constitute robbery, the following elements must be established: (1) the
subject is personal property belonging to another; (2) there is unlawful taking of that property;
(3) the taking is with the intent to gain; and (4) there is violence against or intimidation of any
person or use of force upon things.

Animus lucrandi or intent to gain is an internal act which can be established through
the overt acts of the offender. The unlawful taking of anothers property gives rise to the
presumption that the act was committed with intent to gain. This presumption holds unless
special circumstances reveal a different intent on the part of the perpetrator.

De Guzman was able to prove that it was Ramon who had wanted to take the
properties form the Lucias house de Guzman merely helped. The presence of the wooden
bench in the house of de Guzman has been sufficiently explained that owing to the proximity
of his house, Ramon had asked the bench temporarily be left in his house unitl he could