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PEOPLE vs. Domingo S. Salazar, et al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. DOMINGO SALAZAR y SEROMA, alias "INGGO," MONCHITO GOTANGUGAN y SEVILLA alias "MONCHING" and JOHN DOE, accused, DOMINGO SALAZAR y SEROMA alias "INGGO" and MONCHITO GOTANGUGAN y SEVILLA alias "MONCHING," accused-appellants.

G.R. No. 99355 | 1997-08-11

D E C I S I O N


PANGANIBAN, J.:

Although homicide (a crime against persons) is independently a graver offense than robbery (a crime against property), it is treated in the special complex crime of robbery with homicide as a mere incident committed by reason or on the occasion of the robbery. Unless the prosecution convincingly proves that the main purpose of the cluprit(s) was the asportation of personal property and that the death was merely incidental to such asportation, there can be no conviction for this special complex crime.

Statement of the Case

This principle is stressed by the Court as it rules on this appeal from the...