This case has been cited 3 times or more.
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2008-06-27 |
YNARES-SATIAGO, J. |
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| 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] | |||||
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2004-01-20 |
QUISUMBING, J. |
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| In the special complex crime of robbery with homicide, a crime primarily classified as one against property and not against persons, the prosecution is tasked to establish the following elements: (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c) the taking is characterized by animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in a generic sense, was committed.[72] In this case, we find that the prosecution had amply established those elements. | |||||
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2004-01-20 |
QUISUMBING, J. |
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| In addition, however, we find it proper that temperate damages be awarded. Where the Court finds that some pecuniary loss has been incurred but the amount cannot be proved with certainty,[82] such as for medical services and the wake, temperate damages are appropriately given. Thus, in People v. Solamillo,[83] which involved robo con homicidio, the computation in People v. Abrazaldo,[84] fixing temperate damages at P25,000.00, which is half the amount of the indemnity ex delicto, was affirmed. | |||||