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