vs. REYNALDO TORRES, JAY TORRES, BOBBY TORRES @ ROBERTO TORRES y NAVA, and RONNIE TORRES, Accused, BOBBY TORRES @ ROBERTO TORRES y NAVA, Accused-Appellant. DECISION DEL CASTILLO, J.: Facts: Siblings Reynaldo Torres (Reynaldo), Jay Torres (Jay), Ronnie Torres (Ronnie) and appellant with the special complex crime of robbery with homicide committed against Jaime M. Espino (Espino). The accused armed with bladed weapons, conspired and conferred with one other malefactor, with the use of force, violence and intimidation blocked Espinos path and forcibly grabbed his belt-bag. On the occasion of the robbery, the accused use personal violence and abuse of superior strength which was resisted by the victim prompting the accused to stab the former which cause his immediate death. Further, they carry away with the personal properties of the victim. The RTC ruled that the appellant can only be liable for murder. The CA modified the decision and found the appellant guilty of robbery with homicide. Hence, this present appeal. Issue: Whether or not the accused can be held liable for the complex crime of robbery with homicide instead of murder? Ruling: the CA.
Yes. The Supreme Court affirmed with further modifications the decision of
Appellant is guilty of the crime of robbery with homicide.
"Robbery with homicide exists when a homicide is committed either by reason, or on occasion, of the robbery. To sustain a conviction for robbery with homicide, the prosecution must prove the following elements: (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) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed. A conviction requires certitude that the robbery is the main purpose and objective of the malefactor and the killing is merely incidental to the robbery. The intent to rob must precede the taking of human life but the killing may occur before, during or after the robbery. It is clear that the primordial intention of appellant and his companions was to rob Espino. The killing was merely incidental, resulting by reason or on occasion of the robbery.
Nonetheless, the presence of abuse of superior strength should not result in
qualifying the offense to murder. When abuse of superior strength obtains in the special complex crime of robbery with homicide; it is to be regarded as a generic circumstance, robbery with homicide being a composite crime with its own definition and special penalty in the Revised Penal Code. With the penalty of reclusion perpetua to death imposed for committing robbery with homicide, 40 "[t]he generic aggravating circumstance of[abuse of superior strength] attending the killing of the victim qualifies the imposition of the death penalty on [appellant]." 41 In view, however, of Republic Act No. 9346, entitled "An Act Prohibiting the Imposition of the Death Penalty in the Philippines," the penalty that must be imposed on appellant is reclusion perpetua without eligibility for parole.42 Further, in robbery with homicide, civil indemnity and moral damages are awarded automatically without need of allegation and evidence other than the death of the victim owing to the commission of the crime. In granting compensatory damages, the prosecution must "prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and the best evidence obtainable to the injured party. Receipts should support claims of actual damages.