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PEOPLE v. ALFREDO CABILTO Y PACAYRA

This case has been cited 3 times or more.

	GR NO. 173479 2007-07-12	PEOPLE v. JUAN CABBAB GARCIA, J.
The Court feels, however, that the two courts below erred in convicting appellant of the separate crime of attempted murder for the shooting of PO William Belmes. Attempted homicide or attempted murder committed during or on the occasion of the robbery, as in this case, is absorbed in the crime of Robbery with Homicide which is a special complex crime that remains fundamentally the same regardless of the number of homicides or injuries committed in connection with the robbery.[22]
	GR No. 123161 2003-06-18	PEOPLE v. LIBERATO 'DUKDUK' SOLAMILLO SANDOVAL-GUTIERREZ, J.
"Q You said they took money, correct? A Yes, sir. Q Where did they take the money? From where? A From the drawer. Q What about you? A I was able to get or pick-up money scattered on the floor. Q Why did you pick-up the money? A Because I don't have money for my fare and because I was told by them that, `You will escape because you will be included in this incident.' Q How much money did you get? A P995.00. Q You just picked the money according to you? A I just picked it up on the floor because the money were scattered on the floor."[37] The rule is well-established that whenever homicide has been committed as a consequence of or on the occasion of the robbery, all those who took part as principals in the robbery shall also be held guilty as principals of the special complex crime of robbery with homicide whether or not they actually participated in the killing, unless it clearly appears that they endeavored to prevent the homicide.[38]
	GR No. 135682 2003-03-26	PEOPLE v. DANILO REYES Y BATAC YNARES-SANTIAGO, J.
Likewise unavailing is the contention of accused-appellant that the prosecution failed to prove conspiracy. In conspiracy, proof of an actual planning of the perpetration of the crime is not a condition precedent. It may be deduced from the mode and manner in which the offense was committed or inferred from the acts of the accused evincing a joint or common purpose and design, concerted action and community of interest.[8]