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18

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.

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