After a shabu session in Dinalupihan, Bataan, the Victim, witness and the accused instructed a tricycle driver-witness to bring all of them in their hide-out. I a unpopolated dark place, the accused instructed the driver to stop. the accused ask the victim to alight from the tricycle. after a few steps, the accused mugged and stabbed the victim to death and took his wallet and jewelry. The witnesses was treathened by the accused not to tell anyone or else, they will kill them. after 3 days, the witness when to the police station and reported the said incident. The accused was charged in the RTC with Robbery with Homicide with aggravating circumstance of reachery, evident premeditation and abuse of superior strength attended the commission of the crime. The RTC ruled against the accused. Accused appealed to the CA which the CA affirmed the decision of the RTC. Hence this case.
Whether the trial court gravely erred in finding that treachery, evident premeditation and abuse of superior strength attended the commission of the crime.
No, Robbery with homicide is classified as a crime against property. Nevertheless, treachery is a generic aggravating circumstance in said crime if the victim of homicide is killed treacherously.15 Thus, the aggravating circumstance of treachery is appreciated in the crime of robbery with homicide only as to the killing but not as to the robbery. The essence of treachery is the sudden and unexpected attack on an unsuspecting victim by the perpetrator of the crime, depriving the victim of any chance to defend himself or repel the aggression, thus, insuring its commission without risk to the aggressor and without any provocation on the part of the victim.
Evident premeditation, on the other hand, cannot be appreciated as an aggravating circumstance in the crime of robbery with homicide because the elements of which are already inherent in the crime. Evident premeditation is inherent in crimes against property.