Homicide by reason of or on occasion of robbery

To sustain a conviction for the crime of robbery with homicide, it is necessary that the essential elements of the crime be conclusively proved. Taking, with the intent to gain, of personal property belonging to another by means of violence against or intimidation of any person, or using force upon things makes one liable for robbery. Intimidation is present in the taking when "acts are preformed which, in their own nature or by reason of the circumstances under which they are executed, restrict or hinder the free exercise of the will of the victim or inspire him with fear. "In this case, Tumangan, with gun in hand and while Godinez was helplessly pinned under the motorcycle, dispossessed the latter of the money he was carrying. That Tumangan was armed and had in fact already fired it, causing injury to Briniola which caused his death, and that Godinez was defenseless naturally impaired the latter's free will, producing the intimidation element in robbery. The crime becomes robbery with homicide when by reason or on occasion of a robbery with the use of violence against or intimidation of person, the crime of homicide shall have been committed. The term "homicide" is understood in its generic sense, hence, it includes the commission of murder or slight physical injuries during the robbery. Since the robbery in tihs case was accompanied by the killing of Pedro Broniola, the crime becomes robbery with homicide, as the trial court correctly ruled. [G.R. No. 117397. November 13, 1996]