Robbery with Rape :

1. The intent to rob must precede the rape.

2. Even if the rape was committed in another palce, it is still robbery with
rape.
3. Several rapes committed, all rapes are mered in the composite,
interated whole, that is, robbery with rape so lon as rape
accompanied the robbery !"eo. #s. Seuis 2$$1%. &t does not matter
whether the rapes occurred before, durin or after the robbery.
Robebry by a 'and !(rt. 2)*% :
1. (t elast + armed malefactors ta,e part in the commission of the
robbery.
2. Re-uisites for liability for acts of other members of the band : a% .e
was a member of the band/ b%.e was present at the time of the
commission of the robbery by that band/ c% other mebers of the badn
committed an assault /
3. +% he did not attempt to prevent the assault.
'riandae !(rt. 3$*% 0 .ihway Robbery:
1. 'and of robbers for the purpose of co$mmittin robbery in hihway
or ,idnappin for e1tortion or ransom or for any purpose to be
attained by means fo force.
2. Robbery in band 0 the purpose is only a particular robbery.
2istinuished from "2 332 : indiscriminate unlawful acts committed
on "hilippine hihway.
4arnappin :
1. Essentially the robbery or theft of a motori5ed vehicle
2. (nti 4arnappin 6aww !R( *33)% provides e1ceptions from its
coverae such that the theft or robbery of the e1ceptions would be
covered by (rt. 31$, R"4 !"eo. #s. 6uisito 'ustinera, 7une 8, 2$$+%.
3. 3. 9ualified 4arnappin : when in the course of the commission or on
occasion of the carnappin, the owbner, driver or occupoant of the
carnapped vehicle is ,illed or raped !"eo. #s. 2anilo 6obitania, Sept.
3:$2%.
Estafa : 1% with abuse of confidence / 2% by means of deceit
(rson : ;here both burnin and death occur, there is need to ascertain the
main ob<ective of the malefactors.
1. &f the main ob<ective is the burnin of the buildin but death results by
reason or on the occasion of (rson, the crime is simple (rson and
.omicide is absorbed.
2. &f the main ob<ective is to ,ill a particular person whpo may be in the
bui,ldin, when fire is resorted to as the means to accomplish such
oal 0 =urder only.
3. &f the ob<ect is to ,ill a particul/ar person and in fact, the offender has
already done so, but fire is resorted to as a means to cover up the
,illin 0 2 separate crimes of .omicide or =urder and (rson !"eo.
#s. Edna =alnan 3$3 S4R( 2)+, Sept. 2*:$*%.
>orcible (bduction with Rape : >orcible (bduction is absorbed in the crime
of Rape if the real ob<ective of the accused is to rape the victim !"eo. #s.
Ricardo Talan, ?ov. 1+, 2$$8%
6ibel :
1. >air commentaries on matters of public interest are privileed
communication and constitute a valid defense in an action for 6ibel.
2. &f comment is an e1pression of opinion, based on established facts,
then it is immaterial that the opinion happens to be mista,en as lon
as it miht be reasonably inferred from the facts !Erwin Tulfo vs. "eo.,
et al., Sept. 1*, 2$$8, citin 'or<al case%