People v. Arizobal, G.R. No.

135051-52, 14 December 2000

Masked men went into the house of the victims, pointed their guns at the victims, tied some of them,
and robbed them. Before leaving, they ordered the son, one of the deceased victims, to go with them
to his father’s house. They also robbed the father’s house. Later, gunshots were heard and both son
and father were killed.

Robbery with homicide. Conspiracy is present such that even if witnesses did not identify who killed
who; when there is conspiracy it is not necessary to show that all conspirators actually hit and killed
the victim. Dwelling is an aggravating circumstance. Generally, dwelling is considered inherent in
crimes which can only be committed in the abode of the victim, such as trespass to dwelling and
robbery in an inhabited place. However, in robbery with homicide the authors thereof can commit
the heinous crime without transgressing the sanctity of the victim's domicile. In the case at bar, the
robbers demonstrated an impudent disregard of the inviolability of the victims' abode when they
forced their way in, looted their houses, intimidated and coerced their inhabitants into submission,
disabled Laurencio and Jimmy by tying their hands before dragging them out of the house to be
killed.

Treachery cannot be appreciated because robbery with homicide is a crime against property. Band
cannot be appreciated as it was not sure that all malefactors, although more than 3, were armed.
Nighttime cannot be appreciated as the place was well lit.

Not two separate counts of robbery with homicide but only a delito continuado.