16

PEOPLE v BIRUAR
(130 SCRA 513)

Facts:
In this case, the accused, after committing the crime of robbery in band in
the house of Gorgonio Mosende, went to the neighboring house of George Kalitas
where they committed the crimes of Arson and Robbery with Homicide and
Physical Injuries.

Issue:
Whether or not the accused is guilty of Special Complex Crime of Robbery
with Homicide and Arson and Physical Injuries?

Held:
No.

Ratio:
Obviously, the rule enunciated in People v De Leon cannot be made
applicable since the herein accused performed different acts with distinct
purposes which resulted in juridically independent crimes.