.People vs. Pulusan et al., G.R. No. 110037.

DOCTRINE: In this special complex crime, the number of persons killed is immaterial
and does not increase the penalty prescribed in Art. 294 of the Revised Penal Code.
There is no crime of robbery with multiple homicide under the said Code.

FACTS: Four men held a robbery of a passenger jeepney along the Bulacan-Pampanga
highway, taking the valuables of the passengers. Four of the jeepney’s passengers were
killed and the only female passenger was raped repeatedly. An information charging
Pulusan and Rodriguez with the crime of highway robbery attended with multiple
homicide and multiple rape was filed in the RTC of Malolos, Bulacan. The information
was later amended to include Tayag and alias Ramon in the information. In June 1990,
Pulusan and Rodriguez were found guilty of robbery with homicide and was sentenced
to reclusion perpetua.

ISSUE: Whether the charge of robbery with homicide is correct.

HELD: Yes.

We must state that regardless of the number of homicides committed on the occasion
of a robbery, the crime is still robbery with homicide. In this special complex crime, the
number of persons killed is immaterial and does not increase the penalty prescribed in
Art. 294 of the Revised Penal Code. There is no crime of robbery with multiple homicide
under the said Code. The same crime is committed even if rape and physical injuries
are also committed on the occasion of said crime. Moreover, whenever the special
complex crime of robbery with homicide is proven to have been committed, all those
who took part in the robbery are liable as principals therein although they did not
actually take part in the homicide.

Rape had not been proven to be the original intention of the appellants, the crime
having been committed simply because there was a female passenger in the jeep.
Hence, rape can only be considered as an aggravating circumstance and not a principal
offense.