This case has been cited 2 times or more.
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2011-10-05 |
VILLARAMA, JR., J. |
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| In the special complex crime of rape with homicide, the term "homicide" is to be understood in its generic sense, and includes murder and slight physical injuries committed by reason or on occasion of the rape.[47]Hence, even if any or all of the circumstances (treachery, abuse of superior strength and evident premeditation) alleged in the information have been duly established by the prosecution, the same would not qualify the killing to murder and the crime committed by appellant is still rape with homicide. As in the case of robbery with homicide, the aggravating circumstance of treachery is to be considered as a generic aggravating circumstance only. Thus we ruled in People v. Macabales[48] | |||||
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2001-07-09 |
DAVIDE, JR., C.J. |
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| It is worthy to note, however, that in the more recent case of People v. Salvatiera,[27] reiterated in People v. Cando[28] and People v. Macabales,[29] we held that when treachery obtains in the special complex crime of robbery with homicide, such treachery is to be regarded as a generic aggravating circumstance, since robbery with homicide is a composite crime with its own definition and special penalty in the Revised Penal Code. Having formed part of the circumstances proven concerning the actual commission of the crime, such treachery would help determine the penalty to be imposed. | |||||