Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Campos (G.R. No. 111535)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Alejandro
Campos and Renato De La Cruz. In the case at bar, in the evening of August 16, 1989, Felicidad
Alfaro and Mercelina Alfrao prepared to sleep in their bedroom. At around midnight, suddenly,
someone stabbed her on her left arm, thus, she started to shout as her assailant continued to stab
her. Later on she was stabbed multiple times, and consequently saw the malefactor as accused
Campos. She also noticed the other accused near the door. Later on, Campos stabbed Mercelina
as well, as the latter shouted for help. Later on, the herein accused began to rob the house, taking
away cash money amounting to P10,000.00. It was provided by the evidence that Felicidad
incurred serious physical injuries, wherein if not for timely medical attendance, she would have
died. And as a result of the robbery as well, Mercelina died. The trial court finds the accuse
guilty of robbery with homicide with frustrated homicide.

Issue: Is the appellant guilty of robbery with homicide with frustrated homicide.

Held: The Supreme Court said that the accused Campos is guilty of the crime of robbery with
homicide. The Supreme Court said that all elements of the crime are present. These are: (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. With respect to accused De La Cruz, it was not proven that he conspired with the
accused Campos. There was no direct proof of conspiracy with the accused Campos. Also, his
participation was merely passive. Hence, the Supreme Court acquitted him.