This case has been cited 1 times or more.
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2001-09-26 |
QUISUMBING, J. |
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| Coming now to Criminal Case No. 44262, the information charged appellant and his co-accused with robbery with rape. On record, the prosecution duly established that appellant committed both robbery and rape. When appellant forcibly entered the Cantillers' chicken coop and took their chickens, while his confederate Amburgo was threatening the Cantiller spouses, he committed the crime of robbery. The elements of the offense -viz: (a) personal property belonging to another; (b) unlawful taking; (c) intent to gain; and (d) violence or intimidation - were all present.[15] Though robbery appears to have preceded the rape of Evelyn, it is enough that robbery shall have been accompanied by rape to be punished under the Revised Penal Code (as amended) for the Code does not differentiate whether the rape was committed before, during, or after the robbery.[16] | |||||