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2. People v Mangulabnan G.R. No. L-8919, September 28, 1956 YES. As co-principal due to conspiracy.

Felix J. Robbery with homicide


- Art. 294 (1): crime of robbery with homicideany persons guilty of robbery
One Liner: Mangulabnan and friends entered the house of Sps. Pacson to rob with the use of violence against or intimidationwhen by reason or on occasion
from the residents therein. Mangulabnan decided to shoot the ceiling where of the robbery, the crime of homicide shall have been committed.
Vicente Pacson was allegedly hiding which resulted to his death.
Essential: homicide would result from robbery - Immaterial that death would
FACTS: supervene by mere accident provided homicide be produced by reason or on
November 5, 1953 @ 11 PM, Nueva Ecija: Reports of gunfire awoke the household occasion of the robbery - Only result is obtained without reference to
of Sps. Vicente and Cipriana Pacson, together with their 4 minor children, and circumstances, causes, modes, or persons intervening in the commission -
mother in law Monica del Mundo
ACs: night-time, dwelling, abuse of superior strength.
They saw persons entering their house. Vicente hid himself inside a ceiling.
Mangulabnan (armed with a hunting knife) and 2 persons entered the premises Note: The original facts pointed to only 3 defendants but the information was
and snatched the following items: amended to include several others. The one who shot Vicente was not named,
From Cipriana a. Necklace @ P50 b. Money @ P50 paper bills and P20 silver coins but since the crime was a conspiracy, Mangulabnan may be implicated as a co-
From del Mundo a. Money @ P200 b. Gold necklace @ P200 principal.

Co-principal A demanded del Mundo to give her diamond ring, when she could
not produce the same, she was struck twice on the face with the end of the gun.

One of the young children called to their mother which irked Co-principal A and
made to strike him. Lola Del Mundo warded the blow with her right arm
Co-principal B pulled A aside, climbed on top of the table and fired at the ceiling.

All 3 left afterwards.

Cipriana called to her husband. When she did not receive any response, she
climbed the ceiling and found Vicente lying face downward already dead.

CFI convicted R with the crime of robbery with homicide; sentenced to RP.
Dionisio Sarmiento was acquitted while the information as against the other
Defendants who continued to be at large was dismissed for lack of evidence.

WON the complex crime of robbery with homicide can be charged against
the defendants?

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