People vs. Fabon, 328 SCRA 302 (2000) Digest

Special Complex Crime

29. People vs. Fabon, 328 SCRA 302 (2000)

Student: G-one T. Paisones

Professor: Atty.  Cisco Franz S. Maclang

Facts:

                That on or 23rd day of April 1995, in the Municipality of Hilongos, Province of Leyte, accused at the house of the victim did then and there, robbed BONIFACIA LASQUITE, take and carry away, sum of money amounting to P25,000.00 more or less; the same accused attack and take the life of the victim with the use of [a] bladed weapon.  The victim was also raped by the accused.  The trial court sentence he accused with crime of Robbery with Homicide and Rape.

Issue:

                WON Fabon is guilty of special complex crime of robbery with homicide is accompanied by rape.

Held:

                No.

Ratio:

                SC note that the trial court inaccurately designated the crime committed as "robbery with homicide and rape." When the special complex crime of robbery with homicide is accompanied by another offense like rape or intentional mutilation, such additional offense is treated as an aggravating circumstance which would result in the imposition of the maximum penalty of death.