Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and three (3) daughters were residing. While the four were ransacking Antonio’s house, Julio noticed that one of Antonio’s daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back, raped her.
[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)
[b] Suppose, after the robbery, the four took turns in raping the three daughters inside the house, and, to prevent identification, killed the whole family just before they left. What crime or crimes, if any, did the four malefactors commit? (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) Julio committed Robbery with Rape, while Pedro, Pablito, and Juan committed Robbery by a Band; and (b) all four committed Robbery with Homicide. Under Article 294(2) of the RPC, Robbery with Rape occurs when rape accompanies robbery. Under Article 296,
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Quick check
What crime is committed by a robber who rapes a victim on the occasion of a robbery?
Rape committed on the occasion or by reason of robbery constitutes the special complex crime of Robbery with Rape.
When are co-members of an armed band liable for a rape committed by one of their members during a robbery?
Band members are liable for assaults by co-members only if present and failing to prevent them under Article 296.
What is the criminal liability of co-conspirators who were absent when one robber committed rape at a distant thicket?
Cohorts absent during the rape and unaware of it are liable only for Robbery by a Band.
How are multiple killings and rapes committed by robbers inside a dwelling during a robbery classified under the RPC?
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What element defines a 'band' under Article 296 of the Revised Penal Code?
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Learn more about these topics
1. Robbery with Rape
Under Article 294(2) of the Revised Penal Code, robbery with rape is a special complex crime committed when rape is executed on the occasion or by reason of robbery. To hold co-conspirators in a robbery liable for a rape committed by a co-robber, they must be present at the scene and fail to endeavor to prevent it, or the rape must fall within their common conspiracy. If a robber commits rape at a distant location without his cohorts' knowledge or presence, only the actual rapist is liable for robbery with rape.
2. Robbery by Band
Under Article 296 of the Revised Penal Code, a robbery is committed by a band whenever more than three armed malefactors participate in its execution. Members of a band are criminally liable for assaults committed by co-members during the robbery if present and failing to prevent them. However, if an assault or rape is committed out of sight and beyond the knowledge of other band members, the absent members are liable only for robbery by a band, while the actual perpetrator incurs separate liability for his independent criminal act.
3. Robbery with Homicide
Under Article 294(1) of the Revised Penal Code, whenever a homicide or murder is committed on the occasion or by reason of a robbery, all participants in the robbery are liable for the single special complex crime of robbery with homicide, unless a co-conspirator strictly endeavored to prevent the killing. When multiple homicides, rapes, and physical injuries are committed on the occasion of a robbery by co-conspirators acting in concert, all accompanying crimes merge into the single indivisible offense of robbery with homicide.