This case has been cited 5 times or more.
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2016-01-18 |
PERALTA, J. |
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| Meanwhile, the use of a motor vehicle is aggravating when it is used either to commit the crime or to facilitate escape,[38] but not when the use thereof was merely incidental and was not purposely sought to facilitate the commission of the offense or to render the escape of the offender easier and his apprehension difficult.[39] In People v. Herbias,[40] the Court held:The use of motor vehicle may likewise be considered as an aggravating circumstance that attended the commission of the crime. The records show that assailants used a motorcycle in trailing and overtaking the jeepney driven by Saladio after which appellant's back rider mercilessly riddled with his bullets the body of Jeremias. There is no doubt that the motorcycle was used as a means to commit the crime and lo facilitate their escape after they accomplished their mission.[41] | |||||
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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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2004-03-11 |
AZCUNA, J. |
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| Appellants herein have entered their "plea of not guilty" and the records are devoid of any objection that was ever raised by them prior to arraignment and trial. As a natural consequence, the searches conducted on appellants, being an incident to the arrests, should be upheld.[31] | |||||