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PEOPLE v. JUAN CABBAB

This case has been cited 5 times or more.

	GR No. 174658 2009-02-24	PEOPLE v. MARLON DELA CRUZ CARPIO MORALES, J.
by reason of the robbery or on occasion thereof, homicide is committed.[17]
	GR No. 170834 2008-08-29	PEOPLE v. ANTONIO NOGRA AUSTRIA-MARTINEZ, J.
Of marked relevance is the absence of any showing that the private complainants had any ill motive against appellant other than to bring him to the bar of justice to answer for the crime of illegal recruitment. Besides, for strangers to conspire and accuse another stranger of a most serious crime just to mollify their hurt feelings would certainly be against human nature and experience.[24] Where there is nothing to show that the witnesses for the prosecution were actuated by improper motive, their positive and categorical declarations on the witness stand under the solemnity of an oath deserve full faith and credence.[25]
	GR No. 178196 2008-08-06	PEOPLE v. RUDY BUDUHAN Y BULLAN CHICO-NAZARIO, J.
In Robbery with Homicide, so long as the intention of the felon is to rob, the killing may occur before, during or after the robbery. It is immaterial that death would supervene by mere accident, or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed. Once a homicide is committed by reason or on the occasion of the robbery, the felony committed is the special complex crime of Robbery with Homicide.[96]
	GR No. 178540 2008-06-27	PEOPLE v. ALEJANDRO SORILA YNARES-SATIAGO, J.
Article 294 (1) of the Revised Penal Code[25] classifies robbery with homicide as a crime against property[26] with the following elements: 1) the taking of personal property with the use of violence or intimidation against persons; 2) personal property thus taken belongs to another; 3) the taking is characterized by intent to gain or animus lucrandi; and 4) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in its generic sense, was committed.[27] The intent to rob must precede the taking of human life.[28] So long as the intention of the felons was to rob, the killing may occur before, during or after the robbery.[29] It is immaterial that death would supervene by mere accident or that the victim of homicide is other than the victim of robbery or that two or more persons are killed. It is likewise not necessary to identify who among the conspirators inflicted the fatal wound on the victim.[30] Once a homicide is committed by reason or on the occasion of the robbery, the felony committed is the special complex crime of Robbery with Homicide.[31]
	GR No. 179499 2008-04-30	PEOPLE v. TORIBIO JABINIAO CHICO-NAZARIO, J.
Homicide is said to have been committed by reason or on the occasion of robbery if, for instance, it is committed to (a) facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the commission of the robbery; or (d) to eliminate witnesses to the commission of the crime.[13] In Robbery with Homicide, so long as the intention of the felon is to rob, the killing may occur before, during or after the robbery. It is immaterial that death would supervene by mere accident, or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed. Once a homicide is committed by reason or on the occasion of the robbery, the felony committed is the special complex crime of Robbery with Homicide.[14]