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PEOPLE vs. SHERJOHN ARONDAIN and JOSE PRECIOSO

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SHERJOHN ARONDAIN and JOSE PRECIOSO, accused. / SHERJOHN ARONDAIN, accused-appellant.

G.R. Nos. 131864-65 | 2001-09-27

D E C I S I O N

YNARES-SANTIAGO, J.:

Robo con homicido is a special complex crime against property. Absent clear and convincing evidence that the crime of robbery was perpetrated, and that, on occasion or by reason thereof, a homicide was committed, an accused cannot be found guilty of robbery with homicide, but only homicide, or murder, as the case may be.

Before us on automatic review is the Joint Decision[1] of the Regional Trial Court of Iloilo City, Branch 25, convicting and sentencing accused Sherjohn Arondain to death in Criminal Case No. 47067 for Qualified Illegal Possession of Firearm; and convicting accused Sherjohn Arondain...