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    PEOPLE vs. NONOY EBET CRIM

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    Kayee Kat
    Ebet was charged with robbery with homicide for his involvement in a home invasion where Gabriel Parcasio was killed. The court found Ebet guilty because: 1) Personal property was taken through violence from the Parcasio home and Gabriel was killed. 2) Ebet was identified as being involved in the robbery and present at the home. 3) Anyone involved in a robbery where a homicide occurs is equally liable, regardless of who directly committed the killing. 4) There was no evidence Ebet attempted to prevent the killing of Gabriel.

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    PEOPLE vs. NONOY EBET CRIM

    Uploaded by

    Kayee Kat
    157 views2 pages
    Ebet was charged with robbery with homicide for his involvement in a home invasion where Gabriel Parcasio was killed. The court found Ebet guilty because: 1) Personal property was taken through violence from the Parcasio home and Gabriel was killed. 2) Ebet was identified as being involved in the robbery and present at the home. 3) Anyone involved in a robbery where a homicide occurs is equally liable, regardless of who directly committed the killing. 4) There was no evidence Ebet attempted to prevent the killing of Gabriel.

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    PEOPLE vs. NONOY EBET CRIM

    Original Title

    PEOPLE vs. NONOY EBET CRIM

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    Ebet was charged with robbery with homicide for his involvement in a home invasion where Gabriel Parcasio was killed. The court found Ebet guilty because: 1) Personal property was taken through violence from the Parcasio home and Gabriel was killed. 2) Ebet was identified as being involved in the robbery and present at the home. 3) Anyone involved in a robbery where a homicide occurs is equally liable, regardless of who directly committed the killing. 4) There was no evidence Ebet attempted to prevent the killing of Gabriel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    157 views2 pages

    PEOPLE vs. NONOY EBET CRIM

    Uploaded by

    Kayee Kat
    Ebet was charged with robbery with homicide for his involvement in a home invasion where Gabriel Parcasio was killed. The court found Ebet guilty because: 1) Personal property was taken through violence from the Parcasio home and Gabriel was killed. 2) Ebet was identified as being involved in the robbery and present at the home. 3) Anyone involved in a robbery where a homicide occurs is equally liable, regardless of who directly committed the killing. 4) There was no evidence Ebet attempted to prevent the killing of Gabriel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PEOPLE OF THE PHILIPPINES vs.

    NONOY EBET

    Facts: On 1997, around 7:30 p.m., three men entered the house of the spouses
    Gabriel and Evelyn Parcasio. Of the three men, Evelyn recognized one of them to be
    Ebet, having been a constant visitor of her husband. Upon entering, one of the
    unidentified men poked a gun at Evelyn, while another unidentified man wielding a
    knife, held Evelyn's daughter, Joan. At that moment, Evelyn saw Ebet holding a knife
    and standing at the door of the house. The men asked Evelyn where her husband was
    hiding and compelled her to lead them to the house's underground. After the two
    unidentified men reached the underground, Evelyn heard her husband shout for her
    and her daughters to run, which the latter did. Thereafter, a gunshot was heard, as well
    as a commotion underground. Joan, after hearing the gunshot, returned to the house
    fearing that her mother was shot. It was then that the men accosted her and asked for
    her money. With no money to give, the men took her bag worth One Hundred Thirty
    Pesos (₱130.00), a wrist watch worth One Hundred Twenty-Five Pesos (₱125.00) and
    Thirty Pesos (₱30.00) cash, the total of which is Two Hundred Eighty-Five Pesos
    (₱285.00). When the men left the premises, Evelyn went back to their house and saw
    her husband bleeding to death due to multiple stab wounds. The husband eventually
    died due to the said stab wounds.

    An Information was then filed charging appellant with the crime of Robbery with
    Homicide.

    Issue: Is Ebet guilty of Robbery with Homicide?

    Ruling: Yes. Article 294, paragraph 1 of the Revised Penal Code states that any person
    guilty of robbery with the use of violence against or any person shall suffer the penalty
    of reclusion perpetua to death, when by reason or on occasion of the robbery, the
    crime of homicide shall have been committed, or when the robbery shall have been
    accompanied by rape or intentional mutilation or arson.

    The following elements of Robbery with Homicide have been proven:

    (1) the taking of personal property is committed with violence or intimidation


    against persons;

    (2) the property taken belongs to another;

    (3) the taking is animo lucrandi; and


    (4) by reason of the robbery or on the occasion thereof, homicide is committed.

    When homicide is committed by reason or on the occasion of robbery, all those who
    took part as principals in the robbery would also be held liable as principals of the single
    and indivisible felony of robbery with homicide although they did not actually take part
    in the killing, unless it clearly appears that they endeavored to prevent the same.

    All those who conspire to commit robbery with homicide are guilty as principals of such
    crime, although not all profited and gained from the robbery. One who joins a criminal
    conspiracy adopts the criminal designs of his co-conspirators and can no longer
    repudiate the conspiracy once it has materialized.

    When a homicide takes place by reason of or on the occasion of the robbery, all those
    who took part shall be guilty of the special complex crime of robbery with homicide
    whether they actually participated in the killing, unless there is proof that there was an
    endeavor to prevent the killing. The records are bereft of any evidence to prove, or
    even remotely suggest, that Ebet attempted to prevent the killing. Therefore, the basic
    principle in conspiracy that the "act of one is the act of all," applies in this case.

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