Practice question
Before entering a house, an offender plans to rob its occupants. During the violent taking of their money, he intentionally kills one occupant to facilitate the robbery and escape. Both the robbery and the killing by reason or on occasion of it are adequately charged and proved. Under Article 294 and Esugon, which is correct?
- Only theft is possible because the killing occurred after the plan was formed.
- Robbery with homicide is a statutory composite offense on the stated facts.
- Every killing and taking automatically form an Article 48 complex crime.
- The killing erases the robbery.
- The offense is unpunishable unless the victim owned all property taken.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 293, 308 and 310, as amended.
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; Sections 81 and 85, amended Articles 309 and 315.
- Buenaflor v Office of the Secretary of Justice, G.R. No. 277067, May 7, 2025, main decision, juridical possession and Article 315(1)(b): https://lawphil.net/judjuris/juri2025/may2025/gr_277067_2025.html
- Reside v People, G.R. No. 210318, July 28, 2020, main decision, material possession and qualified theft: https://lawphil.net/judjuris/juri2020/jul2020/gr_210318_2020.html
- People v Esugon, G.R. No. 195244, June 22, 2015, main decision, prior intent to rob and robbery with homicide: https://lawphil.net/judjuris/juri2015/jun2015/gr_195244_2015.html
- RA 10883, Section 3, current carnapping definition: https://lawphil.net/statutes/repacts/ra2016/ra_10883_2016.html
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Article 294.
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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