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Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Suela (G.R. No. 135682)

Facts: The appellee is the People of the Philippines. The appellants are Nerio Suela y Hembra,
Edgar Suela y Hembra and Edgardo Batocan. In the case at bar, on July 26, 1995, private
complainant Director Nilo L. Rosas was at the masters bedroom of his townhouse residence. He
was watching television thereat, together with his adopted son, Norman Rosas, and his former
co-teacher and good friend, Geronimo Gerry Gabilo, who at that time was engaged in the real
estate business. Suddenly, three persons sporting ski masks, bonnets and gloves, brandishing
handguns and a knife, barged into the room. The tallest of the three, with a height of about five
feet and five inches, reached for the light switch and turned it off. The three intruders then
shouted dapa, dapa. So Director Rosas, Gerry Gabilo, and Norman Rosas dropped to the floor
with their faces facing the bed. The three malefactors then robbed the complainants. Things that
were taken includes cash money, cameras, assorted jewelry, etc. The malefactors also killed the
person of the Gabilo. These malefactors were convicted of Robbery with Homicide.

Issue: Is the appellant guilty of Robbery with Homicide.

Held: The Supreme Court said that the accused is guilty of Robbery with Homicide. The
robbery was consummated as they use force and intimidation upon the victim and unlawfully
taking the property of another with intent to gain. And since homicide was committed in the
occasion and by reason thereof, the crime of Robbery with Homicide is consummated. The only
exception was Edgar Suela. Edgar Suela is guilty of robbery. It was not proven that he took part
or was aware of the killing done by the other herein appellants.