1. People v.

Java November 10, 1993 the victim are one and the same persons as to establish the crime of robbery
with homicide.
J. Nocon
WON the crime committed was robbery with homicide.
FACTS: Held: YES
Two men appearing to be customers entered a gravel and sand establishment in (1) Witness Cambaya positively identified Java as 1 of those who held him up as
P. Tuazon Street, Cubao. One proceeded to the office building while the second well as the establishment where he works. Mrs. Valdez also identified Java as the
man approached Cambaya, a truck helper. The man poked a gun at Cambaya, jeep passenger who shot and killed his son. Hence, the connection between the
announced a hold-up and divested him of P20. robbery and the homicide was sufficiently established.

Cambaya then entered the office building with the armed man, later identified (2) True, the robbers had already fled with their loot when the shooting of the
as Felimon Java, where he and other employees and a customer were made to victim took place during his pursuit of the culprits. Where the deceased attacked
gather in front of the counter. The other man ransacked the drawers and took and stopped the robbers when they had already come out of the store where the
50K. He then went to the room where Michael Valdez was (son of the owner of robbery was committed and got killed in the process, the act of killing was done
the establishment), and ransacked it also. The two men then hurriedly left. in order to repel an aggression which, had it been effective, would have
endangered the whole success of the robbery committed. The killing was done
Michael and his mother (she was at a parlor in front of the establishment during to defend the possession of the stolen property. Hence it was an act which
the robbery) immediately went after the robbers in a car. tended to insure the success of the robbery and secure to the robbers the
possession and enjoyment of the goods taken.
At Boni Serrano, Michael saw the get-away passenger jeepney. Michael bumped
the jeepney several times, then turned left at Katipunan. However, the It has been held that where the deceased followed the robbers after he had been
holduppers followed them and bumped their car several times at the rear and robbed and by reason thereof, he was fired upon by one of the robbers, the
sides and also shot at them. While the jeepney was side by side with their car, 1 crime is robbery with homicide. The same is true even if the murder was
of the holduppers fired more shots at them hitting Michael on the torso, killing perpetrated at a place different from that of the robbery and after an
him. appreciable interval of time.
RTC: FELIMON JAVA is GUILTY of the crime of Robbery with Homicide. Sentence:
RP. (3) Alibi weak. There was no logbook which recorded his visit, nor the date and
time thereof; nor was the letter of recommendation recorded as having been
Hence this appeal. issued by the colonel's office on said date.
Col. Garcia even admitted that he could not remember the other people who
Java's defense: March 19, 1988: From 2:30 to 4:00 PM, he was at the office of Col. visited him on said day or any day for that matter.
Rodolfo M. Garcia asking for a letter of recommendation to Col Guillermo Likewise, the trial judge noted that accused-appellant presented this defense
Domondon for his reinstatement to the service. only long after the case has gone to trial
Pfc. Mario Almariego, Patrolman Jose Malasa and Col. Gracia corroborated his
claim. DECISION: The decision appealed from is hereby AFFIRMED in toto.

It was not proven that those who committed the robbery and those who killed