In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the night of May 15, 2010, Mr. R proceeded with his plan entered Mrs. V’s bedroom by breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently foraged through her cabinet, and stashed all the bundles of cash and jewelries he could find.
As Mr. R was about to leave, he heard Mrs. V shout, “Stop or I will shoot you!”, and when he turned around, he saw Mrs. V cocking a rifle which has pointed at him. Fearing for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R’s deeds were discovered on the very same night as he was seen by law enforcement authorities fleeing the crime scene.
(a) What crime/s did Mr. R commit under the Revised Penal Code? Explain (2.5%)
(b) Based on your answer in question (a), within what period should the prosecution file the criminal charge against Mr. R in order to avoid prescription? Explain (2%)
(c) May Mr. R validly invoke the justifying circumstances of self-defense? Explain (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Mr. R committed Robbery with Homicide; (b) the prescriptive period is 20 years; and (c) he cannot invoke self-defense.
Under Article 294(1) of the Revised Penal Code, Robbery with Homicide occurs when homicide is committed on occasion of robbery. Under Article 90, crimes punishable by reclusion perpetua prescribe in 20 years. Under Article 11, self-defense requires unlawful aggression, which cannot exist against an owner defending her property.
Here, Mr. R's main intent was to steal Mrs. V's valuables, and he killed her on occasion of the robbery to keep the loot. Because the crime carries reclusion perpetua, the prescriptive period is 20 years. Lastly, Mrs. V lawfully defended her property, so no unlawful aggression existed on her part.
Consequently, Mr. R is liable for Robbery with Homicide, the crime prescribes in 20 years, and self-defense is untenable.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What special complex crime is committed when a robber kills the property owner on the occasion of the taking?
Robbery with Homicide is committed whenever a killing occurs on the occasion or by reason of robbery.
What is the prescriptive period for prosecuting the special complex crime of Robbery with Homicide?
Crimes punishable by reclusion perpetua or reclusion temporal prescribe in twenty years under Article 90.
Why is a robber legally barred from invoking self-defense when killing a homeowner defending her home?
Unlawful aggression is absent when a property owner acts in lawful defense of person or property.
What is the primary intent required to establish the special complex crime of Robbery with Homicide?
The primary intent of the offender in robbery with homicide must be the taking of property with intent to gain.
Under Article 90 of the Revised Penal Code, when does the period of prescription of a crime begin to run?
Article 91 provides that prescription runs from the day the crime is discovered by the offended party or authorities.
Learn more about these topics
1. Robbery with Homicide
Robbery with homicide under Article 294, paragraph 1 of the Revised Penal Code is a special complex crime. It is committed when homicide is committed on the occasion or by reason of robbery. The primary intent of the offender must be to take personal property belonging to another with intent to gain. As long as the homicide is produced by reason or on the occasion of the robbery, it is immaterial whether the killing occurs prior to, during, or after the taking of the property, or whether the killing was accidental or intentional.
2. Prescription of Offenses
Under Article 90 of the Revised Penal Code, crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in twenty years. Robbery with homicide carries the penalty of reclusion perpetua to death under Article 294(1). Consequently, the prescriptive period for the prosecution to file the criminal information against the offender is twenty years from the date of the discovery of the crime by law enforcement authorities or the offended party. Failure to institute criminal proceedings within this statutory period extinguishes criminal liability.
3. Unlawful Aggression Element
Self-defense under Article 11, paragraph 1 of the Revised Penal Code requires unlawful aggression as an indispensable element. Unlawful aggression implies an actual, sudden, and unexpected attack or imminent danger to life or limb without legal justification. A property owner who aims a firearm at an armed burglar fleeing or stealing inside her home is lawfully exercising defense of property and person. Thus, a robber cannot claim self-defense when killing the property owner, because the owner's act does not constitute unlawful aggression.