LAW EACH WEEK
What is Robbery with Homicide?
Robbery with Homicide is a special complex crime against property. Homicide is incidental to the Robbery which is the main purpose of the criminal.
What are the elements in the commission of this crime?
The elements in the commission of the crime of Robbery with Homicide are the following:
1. The taking of personal property with the use of violence against or intimidation or persons;
2. The property belongs to another;
3. The taking is characterized with animus lucrandi; and
4. On the occasion of the robbery or by reason thereof, the crime of homicide, which is used in the generic sense, was committed.
(People v. Cavina, G.R. No. 118076. November 20, 1996)
What is the main purpose of the criminal in the case of Robbery with Homicide?
The purpose of the offender must be to commit robbery and the homicide is committed on the occasion of the robbery which means that even if the homicide is committed before, during or after the robbery, as long as it is related to the robbery, robbery with homicide is committed.
When the primordial criminal intent is to commit a robbery and in the course of the robbery, there is a special complex crime of robbery with homicide. The primary criminal intent being to commit a robbery, any killing on the “occasion” of the robbery, though not by reason thereof, is considered a component of the crime of robbery with homicide as a single indivisible offense.