This case has been cited 3 times or more.
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2009-06-26 |
PERALTA, J. |
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| In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with homicide perpetrated on the occasion or by reason of the robbery.[38] The intent to commit robbery must precede the taking of human life.[39] The homicide may take place before, during or after the robbery. It is only the result obtained, without reference or distinction as to the circumstances, causes or modes or persons intervening in the commission of the crime that has to be taken into consideration.[40] There is no such felony of robbery with homicide through reckless imprudence or simple negligence. The constitutive elements of the crime, namely, robbery with homicide, must be consummated. | |||||
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2009-06-05 |
BRION, J. |
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| 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.[32] 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.[33] Thus, the distinguishing element between the crimes of robbery and theft is the use of violence or intimidation as a means of taking the property belonging to another; the element is present in the crime of robbery and absent in the crime of theft. | |||||
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2003-06-26 |
BELLOSILLO, J. |
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| Robo con homicidio is an indivisible offense, a special complex crime. It carries a severe penalty because the law sees in this crime that men place lucre above the value of human life, thus justifying the imposition of a harsher penalty than that for simple robbery or homicide.[13] A conviction for robbery with homicide requires the prosecution to firmly establish the following elements: (a) the taking of personal property with violence or intimidation against persons; (b) the property taken belongs to another; (c) the taking was done with animo lucrandi; and, (d) on the occasion of the robbery or by reason thereof, homicide was committed.[14] | |||||