crimes for which the law fixes one specific penalty. commit. The victim of rape is also the victim of
Composition of offenses is fixed by law. homicide.
“ or on occasion of rape” : killing occurs before,
In SCC, the original design of the accused is to
after or during the commission itself of the rape
commit the principal component thereof and
where the victim of the homicide may be a
there must be a direct connection or intimate
person other than the rape victim herself as
relationship between the components thereof.
long as the killing is linked to the rape, became
Identification of the original design is very evident.
important to determine the crime committed.
Not under art. 48; there are specific provisions
in the RPC that governs them.
4) Attempted rape with homicide
There is no rape with attempted or frustrated
homicide = separate crimes
Original design is to kill Suicide may be considered in rape with
if the original design is to kill and the accused homicide.
kill the victim and took his watch as an
afterthought, crimes committed are
homicide/murder and theft (separate crime) 5) Robbery with homicide
Death may be accidental as long as it occurred
by reason or on occasion of robbery
Original design is to rob Robbery is the main purpose and the killing is
merely incidental to the robbery
1) robbery with homicide Homicide includes murder, parricide, and
robbery is the central purpose and objective of infanticide.
the malefactor and the killing is merely Robbery and homicide must be consummated.
incidental to the robbery It is immaterial that aside from the homicide,
Intent to rob must precede the killing but the other cries such as rape, intentional mutilation,
killing may occur before, during or after the physical injuries, or usurpation of authority, is
robbery. committed by reason or on occasion of the
Homicide is a component of robbery if it is crime. They are integrated into one and
committed: indivisible felony of robbery with homicide. (
a. To facilitate the robbery or the escape can be applied by analogy to rape with
of the culprit homicide)
b. To preserve the possession by the o EXC: if the crime is not connected with
culprit of the loot robbery with homicide. it is treated as
c. To prevent discovery of the commission a separate crime it will not be
of the robbery integrated in the robbery with homicide
d. To eliminate the witnesses to the Arson(burning the building to
commission of the robbery. conceal the crime)
Illegal possession of illegal
drugs
2) Robbery with rape Theft as an afterthought (in
If the original intent is to rob, and the accused rape with homicide)
took the property and then rape the victim, the
crime is a SCC of robbery with rape
GR: treachery will not qualify homicide into murder
because homicide is treated in its generic sense.
3) Rape with homicide EXC:, the SC sometimes describe in the ff crimes:
Homicide should be treated in its generic sense
(includes murder and slight physical injury o kidnapping with murder
committed by reason or on occasion of the o piracy with murder
rape) o highway robbery with murder or
Treachery, abuse of confidence and evident o hijacking with murder
premeditation will not aggravate the crime to
murder but it will be treated as an aggravating
circumstances
“By reason of rape”: conveys the notion that
the killing is due to the rape, which is the crime
6) arson with homicide
if the intention is to kill the victim inside
a building and fire was resorted to as a
means to commit the killing = MURDER
(murder absorbs arson); single act of
burning the building to kill 2 persons,
DOUBLE MURDERS
If the intention is to burn the building
but death resulted by reason or on
occasion of arson, = ARSON WITH
HOMICIDE.
If the objective is to kill and arson is
resorted to as a means to cover up the
killing = 2 SEPARATE CRIMES OF
MURDER AND ARSON.
If offender killed the victim, took his
belongings as an afterthought and
burned the house to conceal the killing
= SEPARATES CRIMES OF HOMICIDE,
THEFT AND ARSON.