2022 Criminal Law, Q6

Anna and Barbara, while working inside their sari-sari store, saw Javier and Jorge robbing an elderly woman of her purse and brutally beating her to death. Anna and Barbara immediately ran outside and, when they tried to help the elderly woman, Javier and Jorge stabbed both of them. Thereafter, Javier and Jorge ran away with the elderly woman’s purse. Anna suffered one stab wound which punctured her lung, but she survived due to timely medical assistance. Barbara, however, died as a result of nine stab wounds, one of which pierced through her spleen. If you were the prosecutor, what crime/s will you file against Javier and Jorge for: (i) the death of the elderly woman, (ii) the death of Barbara, and (iii) the injuries sustained by Anna? Explain briefly. (5 points)

Quick check

What criminal charge should be filed against robbers who kill two persons and injure another during a purse snatching?

How is the word 'homicide' interpreted under Article 294, paragraph 1 of the Revised Penal Code?

What is the legal effect when intervening bystanders are killed or injured by robbers during a robbery?

What is the essential primary objective required to constitute the special complex crime of Robbery with Homicide?

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How does Philippine penal law treat the occurrence of multiple killings during a single robbery incident?

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1. Robbery with Homicide
Under Article 294, paragraph 1 of the Revised Penal Code, the special complex crime of robbery with homicide is committed when a homicide is produced on the occasion or by reason of a robbery. To sustain a conviction for this special complex crime, the prosecution must prove that the original criminal intent of the offenders was to commit robbery, and that the killing resulted during or as a direct consequence of the execution of the robbery. The primary objective of taking personal property with violence or intimidation defines the legal nature of the felony.

2. Single Indivisible Offense
Philippine penal law treats robbery with homicide as a composite, single, and indivisible offense rather than a combination of separate crimes. The term 'homicide' in Article 294 is used in its generic sense, encompassing any killing committed during the robbery regardless of whether the victim killed was the owner of the property, a bystander, or a Good Samaritan attempting to intervene. Regardless of how many persons are killed or injured on the occasion of the robbery, only one special complex crime of robbery with homicide is committed.

3. Additional Victims Absorbed
When multiple killings or physical injuries occur on the occasion or by reason of a robbery, all such acts are absorbed into the single special complex crime of robbery with homicide. Additional deaths and physical injuries inflicted by the robbers do not give rise to separate crimes of murder, homicide, or physical injuries, nor do they create a complex crime under Article 48. Instead, the additional homicides and injuries function as aggravating factors or circumstances that are absorbed within the overarching offense of robbery with homicide.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026