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116. People v. Corpus 102 SCRA 674

117. US v. Sevilla, 2 Phil. 162


26th of April, 1902, Charles E. Manison, inspector of Constabulary, together with Pablo del
Rosario, Pablo Reyes, and Cayetano Bacleon, Constabulary soldiers, together with a spy, went
to a place called Caignin, near the town of Caloocan, to a house in which a man called Andres
was living, for the purpose of arresting the latter This was at about 7 oclock in the morning. They
did not succeed in arresting Andrea because the latter, who, at the time of their approach, was
eating, jumped up, and, seizing a revoker, ran away, jumping to the ground from the porch of the
house. They were unable to overtake him, although he u-as followed. They returned to the house
and arrested all whom they found there and proceeded to conduct theta to this city. On the road,
however, at a place called Matalahip, they were attacked at a street corner which they were
passing by several Men, among whom they recognized Andrea, the accused, Nicasio Sevilla and
Marcelo Magsalin, who fired at them several times, the result of the Shooting being the death of
Cayetano Bacleon.

ISSUE: Whether or not there was a crime of tumultuous affray.

HELD: there was no confused and tumultuous quarrel or array, nor was there a reciprocal
aggression between both parties, inasmuch as the police simply defended themselves from the
simultaneous and uniform attack upon them by the aggressors, each one of whom, therefore,
became responsible for the homicide in question, as all of them, with malicious intent to do harm,
took part in the aggression upon the said policemen, one of whom was killed.

118. US v. Brioso, 14 Phil. 3

119. People v. Alviar, 59 SCRA 136


148. US v. Albao, 29 Phil. 86

149. US v. Lahoylahoy, 38 Phil. 339

150. US v. Atienza, 2 Phil. 242

151. US v. Sana Lim, 28 Phil. 404

152. US v. Flores, 19 Phil. 178

153. People v. Sebastian, 85 Phil. 603

154. People v. De Leon, 591 SCRA 178


Eduardo Zulueta and Fortunato Lacambra III, both gasoline boys; Julieta Amistoso,
cashier; and Edralin Macahis, security guard; all employees of Energex Gasoline Station, were on
duty when a Tamaraw FX arrived for service at the said gasoline station. The six male
passengers of the same vehicle, except the driver, alighted and announced a hold-up. Four
members of the group went to the cashier's office and took the money. Those four robbers were
also the ones who shot Edralin Macahis in the stomach. Thereafter, the same robbers took
Edralin Macahis' service firearm. When the robbers left, Eduardo Zulueta stood up and found
Julieta Amistoso, who told him that the robbers took her bag and jewelry.


Whether or not the crime committed was robbery or robbery with homicide.

In robbery with homicide, the original criminal design of the malefactor is to
commit robbery, with homicide perpetrated on the occasion or by reason of the
robbery. The intent to commit robbery must precede the taking of human life. The
homicide may take place before, during or after the robbery. It is only the result obtained,
without reference or distinction as to the circumstances, causes or modes or persons
intervening in the commission of the crime that has to be taken into consideration. There
is no such felony of robbery with homicide through reckless imprudence or simple
negligence. The constitutive elements of the crime, namely, robbery with homicide, must
be consummated.

It is immaterial that the death would supervene by mere accident; or that the
victim of homicide is other than the victim of robbery, or that two or more persons are
killed, or that aside from the homicide, rape, intentional mutilation, or usurpation of
authority, is committed by reason or on the occasion of the crime. Likewise immaterial is
the fact that the victim of homicide is one of the robbers; the felony would still be robbery
with homicide. Once a homicide is committed by or on the occasion of the robbery, the
felony committed is robbery with homicide. All the felonies committed by reason of or on
the occasion of the robbery are integrated into one and indivisible felony of robbery with
homicide. The word homicide is used in its generic sense. Homicide, thus, includes
murder, parricide, and infanticide.

155. People v. De Jesus, 429 SCRA 384


September 8, 1987, at about 8:30 p.m., three unidentified men flagged down the tricycle of Leonardo
Garcia. After a few minutes ride, Leonardo was stabbed 17 times of the neck, trunk and on the
extremities, causing his death. 3 His meagre earning that day of P40.00 was taken from him.


156. People v. Doble, 114 SCRA 331

157. People v. Baccay, 284 SCRA 296

158. People v. Mendoza, 284 SCRA 705

159. People v. Mendoza, 292 SCRA 168

160. People v. Sandoval, 254 SCRA 436

161. People v. Angeles, 222 SCRA 451

162. People v. Salazar, 277 SCRA 67

163. People v. Buduhan, 561 SCRA 178

164. People v. Pedroso, 115 SCRA 599