ROBBERY WITH HOMICIDE

PEOPLE VS CABBAB JR
[527 SCRA 589 (July 12, 2007)]
Ponente: J. Garcia
FACTS:
1. Victim Winner Agbulos went with Eddie Quindasan, William Belmes and others to a y fiesta in a
nearby town. Upon arriving they found out that the celebrations were over.
2. During their stay, they met accused-appellant Juan Cabbab, Jr. and his cousin-in-law Sagundino
Calpito, who invited them to play pepito a local version of Russian poker.
3. Winner was the winner of about P12, 000. After playing, the group of Winner Agbulos decided
to head home. On their way, they were ambushed by Cabbab, Jr. and Calpito. Winner died
instantaneously because of multiple gunshot wounds. Quindasan died shortly thereafter. The
accused got away with the money won by Winner.
4. William Belmes was able to escape death (either due to his alertness or due to the poor
marksmanship of the accused).
5. The information filed was for the crimes of Double Murder and Attempted Murder with
Robbery. Trial court acquitted Calpito but found Cabbab, Jr. guilty of two crimes (Robbery
with double Homicide and Attempted Murder).
6. CA modified the decision and found appellant guilty of the special complex crime of
Robbery with Homicide (reclusion perpetua) and affirmed Attempted Murder.
7. The case was then elevated to the SC for automatic review.
ISSUES:
1. WON he was rightly accused of the complex crime of Robbery with Homicide.
HELD/RATIO:
YES. The crime committed by appellant was correctly characterized by the appellate court as
Robbery with Homicide under Art. 294, paragraph 1 of the Revised Penal Code.
The elements of this special complex crime are:
1. The taking of personal property is committed with violence or intimidation against persons;
2. The property taken belongs to another;
3. The taking is characterized by intent to gain or animo lucrandi; and
4. By reason of the robbery or on the occasion thereof, homicide is committed.
In Robbery with Homicide, so long as the intention is to rob, the killing may occur before, during
or after the robbery. It is immaterial that the death should supervene by mere accident, or that
the victim of homicide is other that 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.
Attempted homicide or attempted murder committed during or on occasion of the robbery is
absorbed in the crime of Robbery with Homicide which remains fundamentally the same
regardless of the number of homicides or injuries committed in connection with the robbery.
ROBERRY WITH RAPE
PEOPLE VS RODOLFO SUYU
August 16, 2006
Callejo, Sr., J.

FACTS:
- January 13, 1996 (around 7:15 pm) Clarissa Angeles, a third year student of St. Paul University
was with her boyfriend William Ferrer
- They were inside a pick-up truck in a vacant lot near the Office of the Commission on Audit and
the DepEd in Tuguegarao, Cagayan
- Rommel Macarubbo, who pointed a gun at them, together with Willy Suyu and Francis Cainglet
robbed the two of the following items:
- A pair of gold earring= P1,500
- A gold ring= P1,000
- Cash money (from Clarissa) = P10
- A wallet containing cash (from William) = P150
- Willy Suyu clubbed William and draged him out of the truck but the latter was able to escape
- The three accused then dragged Clarissa to a hilly place and brought her to a house where they
met Rodolfo Suyu, half-brother of Willy
- Rodolfo and Cainglet then raped Clarissa with the aid of Macarubbo and Willy Suyu (who held
her and also served as lookouts (although Suyu was able to put up a struggle she bit the
tongue of Rodolfo and Cainglet, but was nevertheless unsuccessful)
- The RTC found the 4 accused guilty of robbery with rape (and that they conspired in the robbery
with rape)
- The CA affirmed the decision of the RTC
ISSUE:
W/N the trial court erred in finding the accused guilty beyond reasonable doubt of the crime
charged.
HELD:
No.
- conspiracy to commit the crime was correctly appreciated by the trial court
- at the time of the commission of the crime, accused acted in concert, each doing his part to
fulfill their common design to rob the victim and although only two of them, through force and
intimidation, raped Clarissa, the failure of Macarubbo and willy Suyu to prevent its commission
although they were capable would make their act to be the act of all
- once conspiracy is established between several accused in the commision of the crime of
robbery, they would all be equally culpable for the rape committed by any of them on the
occasion of the robberjy, unless any of them proves that he endeavored to prevent the other
from committing rape
- the conviction thus of appellants for robbery with rape defined and penalized in Art. 294 is
correct
- Elements of Rape with Robbery:
1. The taking of personal property is committed with violence or intimidation against persons
2. The property taken belongs to another
3. The taking is characterized by intent to gain or animus lucrandi
4. The robbery is accompanied by rape
- the intent to rob must preced the rape
- the intention of the felony is to rob and the felony is accompanied by rape
- the rape must be contemporaneous with the commission of the robbery
- there is only one single and indivisible felony of robbery with rape and any crimes committed
on the occasion or by reason of the robbery are merged and integrated into a single and
indivisible felony of robbery with rape.