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Armando Vidar, et al. Vs. People of the Philippines

ARMANDO VIDAR @ “Ricky”, NORBERTO BUTALON,(†) SONNY MARBELLA @ “Spike” and JOHN DOES and PETER DOES, Petitioners, versus PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 177361 | 2010-02-01

D E C I S I O N


DEL CASTILLO, J.:

A person is killed, 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) 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 malefactor's main purpose and objective, and the killing is merely incidental to the robbery. The intent to rob must...