Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a taxicab, held the driver at gunpoint and took the latter’s earnings.
a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)
b. Would your answer be the same if they killed the driver? Explain. (2%)
Suggested answer only. Not an official answer and not legal advice.
The four brothers committed robbery by a band, but killing the driver would make them liable for robbery with homicide. Under Article 296 in relation to Article 294 of the RPC, robbery by a band requires unlawful
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Quick check
What constitutes a 'band' (cuadrilla) under Article 296 of the Revised Penal Code?
Under Article 296 RPC, a band consists of more than three armed malefactors taking part in a robbery.
What crime is committed when a person is killed on occasion or by reason of a robbery?
Article 294(1) RPC defines the special complex crime of robbery with homicide when killing occurs on occasion or by reason of robbery.
How does the law treat an armed member of a band when another member commits homicide during a robbery?
Under Article 296 RPC, any member of a band is liable for killings committed by the band unless he tried to prevent them.
What is an essential element distinguishing robbery by a band from simple robbery with intimidation?
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In robbery with homicide, what must be the primary intent of the offenders?
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Learn more about these topics
1. Robbery by Band
Under Article 296 in relation to Article 294 of the Revised Penal Code, robbery by a band is committed when more than three armed malefactors take part in the commission of a robbery. The presence of at least four armed perpetrators working together converts ordinary robbery with intimidation against persons into robbery by a band. In a robbery committed by a band, any member present during the commission is held criminally liable as a principal for all acts of robbery committed by the band, unless he attempted to prevent the crime.
2. Robbery with Homicide
Under Article 294, paragraph 1 of the Revised Penal Code, when by reason or on occasion of the robbery, the crime of homicide is committed, the special complex crime of robbery with homicide is perpetrated. Homicide is used in its generic sense, encompassing any killing that occurs before, during, or after the taking of personal property. The primary intention of the offenders must be the taking of property with intent to gain, with the killing occurring as an incident or consequence of the robbery.
3. Band Member Liability
Under Article 296 of the Revised Penal Code, when robbery is committed by a band, any member who is present at the commission of the robbery shall be punished as a principal for any of the assaults or killings committed by the band. A member can only escape liability for additional crimes, such as homicide committed on occasion of the robbery, if it is affirmatively proven that he endeavored to prevent the assault or killing. Mere passive presence or non-participation does not exempt an armed member.