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Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Napalit (G.R. Nos. 142919 and 143876)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Ricardo
Napalit. In the case at bar, on April 3, 1996, a group of more than six armed men, including the
herein appellant barged into the Tondo General Hospital. They then announced that there was a
holdup. Security guard Eric Santos grappled with one of the malefactors for the possession of his
gun, in the course of which, the trigger was accidentally pulled. The appellant then pointed his
gun to him, and Santos ran after pushing one malefactor towards the appellant. The other robbers
then when to the cashier and took the money. Meanwhile, guard Pio Gomez was shot outside the
hospital gate twice. They later on escaped through a Toyota Tamaraw FX. They malefactors was
charged with robbery in band with homicide. The RTC finds them liable for robbery with
homicide with an aggravating circumstance of band.

Issue: Is the appellant guilty of robbery with homicide.

Held: The Supreme Court said that the accused is guilty of Robbery with Homicide. The
robbery was consummated as they use force and intimidation upon the victim and unlawfully
taking the property of another with intent to gain. And since homicide was committed in the
occasion and by reason thereof, the crime of Robbery with Homicide is committed.