Robbery with homicide - Article 294 of the Revised Penal Code (RPC)

PEOPLE OF THE PHILIPPINES, appellee, vs. RAFAEL OLIVARES, JR. and DANILO ARELLANO, appellants. G.R. No. 77865, December 4, 1998

Robbery with homicide - Article 294 of the Revised Penal Code (RPC)

“x x x.

Initially, the categorization by the prosecution of the crime of robbery with double homicide is erroneous because the word "homicide" in Article 294 of the Revised Penal Code (RPC) should be taken in its generic sense,11 absorbing not only acts which results in death (such as murder) but also all other acts producing anything short of death (such as physical injuries) committed during the robbery.12 and regardless of the multiplicity of the victim which is only considered as an aggravating circumstances.13 The indictable offense is still the complex crime of robbery with homicide (which is its proper nomenclature), the essential elements of which are:

a.) the taking of personal property with the use of violence or intimidation against a person;

b.) the property thus taken belongs to another;

c.) the taking is characterized by intent to gain or animus lucrandi;

d.) on the occasion of the robbery or by reason thereof, the crime of homicide which is therein used in a generic sense, was committed. 14

x x x.”