18 PEOPLE V CALIXTRO 123 SCRA 369
18 PEOPLE V CALIXTRO 123 SCRA 369
18 PEOPLE V CALIXTRO 123 SCRA 369
PEOPLE v CALIXTRO
(123 SCRA 369)
Facts:
The accused Juanito Calixtro together with his six companions; robbed the
Rural Bank of San Luis. In the course of the robbery; one of the robbers, Pio
Cuevas killed in the event.
Issue:
Whether or not the appellants are guilty of robbery in band with homicide
despite the fact that the deceased is one of the robbers?
Held:
Yes
Ratio:
The appellants committed robbery in band with homicide despite the fact
that Cuevas was one of them and not a robbery victim, an innocent bystander or
a stranger because Article 294 (1) of the Revised Penal Code says so.