Robbery with Homicide

C. The term “Homicide” is used in its generic sense and it includes any
A. This is committed “ When by reason or on the occasion of robbery, the
kind of killing whether it be murder, parricide or infanticide, and
crime of homicide shall have been committed”. This phrase requires that
irrespective of how many killings were there. The following are not proper
there is a causal connection between the robbery and the death, had it not
terms:
been for the robbery, there would have been no death.

1. Robbery with Murder: if there is any qualifying circumstance which was

B. Both the robbery and the homicide should be consummated to be
present, such as treachery, it will be considered as an ordinary
penalized by Reclusion Perpetua to Death.
aggravating circumstance

1. If it was the Robbery which was not consummated, but there was a
2. Robbery with Double, Triple or Multiple Homicide:
killing, it is still a special complex crime of Attempted or Frustrated

Robbery with Homicide but the penalty is as provided for under Article 297
D. The killing may be intentional, or accidental. The killing may be by the

acts of the robber, or by the act of the victim, or act of a third person. The
2. If both the robbery and the killing are either attempted or frustrated, the
person killed may be the victim of the robbery or his friend, or family
result is either a complex crime of Attempted/Frustrated Robbery with
member. The person killed may even be one of the robbers themselves, or
Attempted/Frustrated Homicide under Article 48, or as separate crimes
a person wanting to assist or even a total stranger.
depending on the circumstances

3. If the Robbery is consummated but the homicide is attempted or E. The following will constitute robbery with homicide:

frustrated, they may be ordinary complex crimes or separate crimes

depending on the circumstances

1. The robber fired his gun upwards to frighten the victim but the bullet

killed a person who was hiding in the ceiling F. The killing may be before, during, or immediately after the taking

provided that the original intent of the robbers must have been to rob and

2. The victim drew a gun to defend but his aim was deflected and instead not to kill, which need not be the sole motive either.

hit his companion

Example: X pointed a knife at Y and divested him of his cell phone. X

3. It was a responding policeman who was killed by a robber. turned and ran whereupon Y chased him so that X stabbed and killed Y

4. The responding policeman fired a shot but missed and killed the victim
G. If the original intention was to kill and the idea of taking came only
of robbery
thereafter, there results two separate crimes of theft and murder or

homicide. Example: The accused shot to death his enemy. Then he

5. The several robbers fought over the loot and one killed another, even if
decided to take the victim’s necklace.
this took place after the taking had taken place and the robbers had fled

the scene of robbery

H. All those who conspired in the robbery will be liable for the death unless

he proved he endeavored to prevent the killing. Physical absence in the

6. One of the victims suffered a stroke due to the tension and dies
place where the killing took place is not a defense, or that the accused

was not aware his co-accused would resort to a killing.

7. The gun of a robber accidentally fell and killed a person outside the

house
Example: A, B, C and D conspired to rob a housel with D acting as look-

out at the road. Jose, an occupant refused to give money so A leveled his
gun at him. B shielded Jose with his body as he did not like any killing A 4. Robbery with Arson

pushed B aside and shot Jose. C was then at the rooms ransacking it. A,
5. Robbery with Physical Injuries
C and D will be liable for Robbery with Homicide, but not B, who tried to

prevent it.
6. Robbery with Unnecessary Violence

C. In cases where there was death, rape, or physical injuries

Robbery with Violence inflicted, the foregoing Order of Severity must be followed in
giving the name of the crime. There will only be one crime and
one specific penalty but the rape and lesser injuries will be
A. The penalties are determined and based on the extent or
utilized as aggravating circumstances.
gravity of the violence employed, its degree of intensity, and
the resulting injury or harm


B. There are several special complex crimes ( also known as
Composite Crimes or Special Indivisible Crimes) involving WITNESSED:
consummated robbery, which according to the order of
severity are as follows:

1. Robbery with Homicide

2. Robbery with Rape

3. Robbery with Intentional Mutilations