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RODEL CRISOSTOMO v. PEOPLE

This case has been cited 4 times or more.

	GR No. 189850 2014-09-22	PEOPLE v. REYNALDO TORRES DEL CASTILLO, J.
"Robbery with homicide exists 'when a homicide is committed either by reason, or on occasion, of the robbery. To sustain a conviction for robbery with homicide, the prosecution must prove the following elements: (1) the taking of personal property belonging to another; (2) with intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed. A conviction requires certitude that the robbery is the main purpose and objective of the malefactor and the killing is merely incidental to the robbery. The intent to rob must precede the taking of human life but the killing may occur before, during or after the robbery'."[28]
	GR No. 198338 2013-02-20	PEOPLE v. P & SUPT. ARTEMIO E. LAMSEN PERLAS-BERNABE, J.
As correctly found by the court a quo[62] and affirmed by the CA,[63] the events surrounding the commission of the crime would readily establish conspiracy among the accused-appellants in committing robbery with homicide. Thus, they were correctly convicted of the aforementioned crime.[64]
	GR No. 187073 2012-03-14	PEOPLE v. EDUARDO CASTRO Y PERALTA VILLARAMA, JR., J.
As to the award of damages, we sustain the award made by the CA as the amounts are correct and in accordance with law for in robbery with homicide, civil indemnity and moral damages in the amount of P50,000 each is granted automatically in the absence of any qualifying aggravating circumstances.[11] However, an award of P25,000 for temperate damages may be allowed under Article 2224[12] of the Civil Code, since the victim's family undeniably incurred expenses in his burial.[13]
	GR No. 174660 2011-05-30	PEOPLE v. RICKY LADIANA Y DAVAO PERALTA, J.
The special complex crime of robbery with homicide is punishable under Article 294, as amended by Republic Act No. 7659 of the Revised Penal Code, as amended, by reclusion perpetua to death. Article 63 of the Revised Penal Code, as amended, states that when the law prescribes a penalty consisting of two (2) indivisible penalties, and the crime is neither attended by mitigating nor aggravating circumstances, the lesser penalty shall be imposed. [68]Considering that there was no modifying circumstance which attended the commission of the crime, the CA correctly modified the penalty to reclusion perpetua.