People vs.

Apduhan – GR L-19491, August 30, 1968

Facts:
The accused and 5 other persons were armed, conspiring, confederating and helping
one another, with intent of gain, did then and there willfully, unlawfully and feloniously
enter, by means of violence, the dwelling house of the spouses Miano, dwelling house,
thereby inflicting upon the 2 persons physical injuries which caused their death; and
thereafter the same accused, did take and carry way from said dwelling house cash
money.
Issu: W/N that the use of unlicensed firearm, if ever appreciated in the case at bar, must
be considered a generic aggravating factor which "may be off-set by the existence of
mitigating circumstances
Held:
No. To reiterate, since art. 295, does not apply to subdivision 1 and 2 of art. 294, then
the special aggravating factor in question, which is solely applicable to robbery in band
under art. 295, cannot be considered in fixing the penalty imposable for robbery with
homicide under art. 294(1), even if the said crime was committed by a band with the use
of unlicensed firearms