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PEOPLE v. MELVIN MENDOZA Y ZAPANTA

This case has been cited 3 times or more.

	GR No. 175978 2009-02-12	PEOPLE v. SAMUEL ALGARME Y BONDA BRION, J.
A special complex crime of robbery with homicide takes place when a homicide is committed either by reason, or on the occasion, of the robbery.[44] To sustain a conviction for robbery with homicide, the prosecution must prove the following elements: (1) the taking of personal property belonging to another; (2) with intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed. [45] A conviction requires certitude that the robbery is the main purpose, and objective of the malefactor and the killing is merely incidental to the robbery.[46] The intent to rob must precede the taking of human life but the killing may occur before, during or after the robbery.[47]
	GR No. 168173 2008-12-24	PEOPLE v. FO1 FELIPE DELA CRUZ Y REYES BRION, J.
There is robbery with homicide when a homicide is committed either by reason, or on occasion, of the robbery.[72] To sustain a conviction for robbery with homicide, the prosecution must prove the following elements: (1) the taking of personal property belonging to another; (2) with intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense, was committed.[73] A conviction requires certitude that the robbery is the main purpose and objective of the malefactor and the killing is merely incidental to the robbery.[74] The intent to rob must precede the taking of human life but the killing may occur before, during or after the robbery.[75]
	GR No. 129071 2000-01-31	PEOPLE v. ROBERTO MILLIAM BELLOSILLO, J.
But while we agree with the factual findings of the lower court, we do not agree with the conclusion that the crime committed was Robbery with Homicide. Four (4) elements are necessary to constitute this complex crime: (a) the taking of personal property with the use of violence or intimidation against the person; (b) the property taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi; and, (d) on the occasion of the robbery or by reason thereof the crime of homicide was committed.[56] It should therefore be concretely established that robbery was the principal purpose of the accused and that homicide was committed either by reason of or on the occasion of such robbery.[57]