This case has been cited 1 times or more.
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2004-06-04 |
CORONA, J. |
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| Based on the facts established, the Court is convinced that the prosecution adequately proved the direct relation between the robbery and the killing. Immediately after shooting the victims, the assailants loaded the sacks of palay onto the trailer of the jeep. As they did so, no conversation took place and there was no hesitation on their part, indicating that they were proceeding from a common, preconceived plan. In fact, why would they bring a trailer if their only purpose was to massacre the Roca family? The series of overt acts executed by appellant and his companions, in their totality, showed that their intention was not only to kill but to rob as well. The group tried to kill all the members of the Roca family to ensure lack of resistance to their plan to take Alfredo's palay. Whenever homicide is perpetrated with the sole purpose of removing opposition to the robbery or suppressing evidence thereof, the crime committed is robbery with homicide.[11] | |||||