What are the elements of robbery with homicide in the Philippines?

• Mens rea (intent)
• Actus reus (on purpose)
• Concurrence (the intent and act must occur simultaneously)
• Causation (the act must directly relate to the outcome)
• Harm (for murder, death must be the resulting harm)

What 3 elements must be present for a crime to have occurred?

Elements of a Crime

In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation).

What are the elements of a homicide investigation?

Investigation goals include preserving the crime scene and gathering evidence, establishing the victim's identity, determining cause and time of death, finding and interviewing witnesses, reconstructing the victim's last hours or days, establishing suspect identities, locating suspects, and arresting suspects and ...

What is the punishment for homicide in Philippines?

The imposable penalty for homicide is reclusion temporal the range of which is twelve (12) years and one (1) day to twenty (20) years. Taking into account the attendant aggravating and mitigating circumstances, and applying the Indeterminate Sentence Law, determine the proper penalty to be imposed on the accused.

Is homicide bailable in Philippines?

Persons convicted of a crime punishable by death, as murder, are not bailable, as the law recognizes such right in a person accused of said crime, before conviction, only when the evidence of his guilt is not strong (Art. III, sec. 1, No. 16, of the Constitution of the Philippines).

What are the elements of crime in criminal law Philippines?

What are the elements of robbery in Philippine jurisprudence?

To warrant a conviction of the crime of Robbery, the following elements must concur: 1) there is a taking of personal property; 2) the personal property belongs to another; 3) the taking is with animus lucrandi or intent to gain; and 4) the taking is with violence against or intimidation of persons or with force upon ...

What Republic Act is robbery in the Philippines?

294. Robbery with violence against or intimidation of persons - Penalties.

What is the penalty for simple robbery in the Philippines?

Article 294(5) of the RPC fixes the penalty for simple robbery at prision correccional in its maximum period to prision mayor in its medium period, the range of which is from four (4) years, two (2) months and one (1) day to ten (10) years.

Is there a bail for robbery in the Philippines?

All accused have a Right to Bail in the Philippines before or after conviction by Metropolitan, Municipal, or Municipal Circuit courts. The Right to Bail is also available before conviction for crimes not punishable by death, reclusion perpetua, or life imprisonment.

What is burglary vs robbery Philippines?

Put very simply, someone is guilty of robbery if he steals from a person using force or makes them think force will be used. Theft means taking someone's property but does not involve the use of force. Burglary means illegally entering a property in order to steal property from it.

What is a homicide case?

Homicide is a manner of death, when one person causes the death of another. Not all homicide is murder, as some deaths caused by another person are manslaughter, and some are lawful; such as when justified by an affirmative defense, like insanity or self-defense.

What crime has no bail in the Philippines?

The Conditions And Requirements Of Bail

[d] The bondsman shall surrender the accused to the court for execution of the final judgment. [j] The pendency of other cases in which the accused is under bond. Capital offense or an offense punishable by life imprisonment is non-bailable.

What are the 4 types of bail in the Philippines?

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance (Sec. 1).

What is the penalty for frustrated homicide in the Philippines?

For frustrated homicide, the imposable penalty is one degree lower than that imposed in homicide or prision mayor. There being no modifying circumstance, the maximum imposable penalty is within the range of prision mayor in its medium period or eight (8) years and one (1) day to ten (10) years.

What is the difference between parricide and homicide in the Philippines?

Parricide is differentiated from murder and homicide by the relationship between the killer and his or her victim. Even without the attendant circumstances qualifying homicide to murder, the law punishes those found guilty of parricide with reclusion perpetua to death, prior to the enactment of Republic Act No.

What crimes are punishable by reclusion perpetua in the Philippines?

Reclusión perpetua is the penalty handed down to inmates who have been convicted of capital crimes as well as what the Republic Act 7659 designates as "heinous crimes" once punishable by death: Treason. Piracy in general and mutiny on the high seas in Philippine waters. Qualified piracy.

What is manslaughter in Philippines?

The rule is: "If the unlawful act, in the commission or attempted commission of which death results, is of the grade of crime known as felony, the slayer will be deemed guilty of murder; whereas if the act is less heinous than felony, the slayer will be held to have committed manslaughter.

How do homicide detectives solve crimes?

The work of homicide detectives begins at the crime scene, where they work alongside crime scene investigators (CSIs). They analyze relevant evidence procured from CSIs, such as fingerprints, which can help them identify suspects, but they also look beyond forensics to collect information about the crime.

What are the four elements of the investigation process?

How do you find the elements of a crime?

While there are more than three elements that go into making up a crime, the three basic ones are mens rea (guilty state of mind), actus reus (the act itself), and concurrence (the two occurring at the same time). The final element, causation, is not always listed as essential.