Robbery with homicide (Article 294)

Robbery with homicide is a composite crime, also known as a special complex crime. It is composed of two or more crimes but is treated by law as a single indivisible and unique offense for being the product of one criminal impulse. It is a specific crime with a specific penalty provided by law, and is to be distinguished from a compound or complex crime under Article 48 of the Revised Penal Code. To sustain a conviction for robbery with homicide, the Prosecution must prove the concurrence of the following elements, namely: (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) the crime of homicide, as used in the generic sense, was committed on the occasion or by reason of the robbery.[1] A conviction requires certitude that the robbery is the main objective of the malefactor, and the killing is merely incidental to the robbery.[2]

[1] People v. Algarme, G.R. No. 175978, February 12, 2009
[2] People v. Daniela, G.R. No. 139230, April 24, 2003

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