The accused, with force, violence and intimidation, robbed a passenger bus routed to Pampanga. When the accused approached and about to rob the deceased victim, the discovered that the said victim was a member of the Philippine National Police. The accused then informed the victim that they will kill him for being a police. The victim plead for his life. The accused disregarded the plea and shoot the victim multiple times. After the robbery, the accused were arrested a a criminal cae was filed against them for the crime of Robbery with Homicide.
Whether Treachery in a crime of Robbery with Homicide should be treated as a qualified aggravating circumstance.
No, Treachery is a generic aggravating circumstance to robbery with homicide although said crime is classified as a crime against property and a single and indivisible crime. Treachery is not a qualifying circumstance because “homicide” is used in its broadest and most generic sense.
Treachery is not an element of robbery with homicide. Neither does it constitute a crime specially punishable by law nor is it included by the law in defining the crime of robbery with homicide and prescribing the penalty therefor. Treachery is likewise not inherent in the crime of robbery with homicide. Hence, treachery should be considered as a generic aggravating circumstance in robbery with homicide for the imposition of the proper penalty for the crime.