PEOPLE v.

DIO (1984)

Article 6. xxx There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

FACTS: Crispulo Alega with his girlfriend, Remedios Maniti, went to a restaurant in
Pasay City Public Market. While they were walking up the stairs, Remedios, who was
arms-length ahead, looked back, and saw Danilo Tobias twisting the neck of her
boyfriend while Hernando Dio was holding his two hands. The two of them tried to
divest Crispulo of his Seiko wristwatch but when he resisted, Tobias stabbed him on the
left side of his chest. Crispulo ran and fell down and expired when he reached the front
of Pasay Commercial Bank, with his watch still strapped to his wrist. Autopsy revealed
that Crispulo died because of the stab wound.

Dio was captured. An information for robbery with homicide was filed and the trial court
imposed the death penalty.

ISSUE: Whether Dio is guilty of the special complex crime of robbery with homicide (Art.
294 of RPC)? Otherwise stated, was there only an attempted robbery?

RATIO: There was only an attempted robbery. Tobias and Dio were unsuccessful in
their criminal venture of divesting the victim of his wrist watch so as to constitute the
consummated crime of robbery. Moreover, the killing of Crispulo may be considered as
merely incidental to and an offshoot of the plan to carry out the robbery, which however
was not consummated because of the resistance offered by the deceased. Hence, this
case would properly come under the provision of Art. 297 of the RPC: When by reason
or on occasion of an attempted or frustrated robbery a homicide is committed, the
person guilty of such offenses shall be punished by reclusion temporal in its maximum
period to reclusion perpetua, unless the homicide committed shall deserve a higher
penalty under the provisions of this Code.