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On August 19, 2011, the trial court31 found Chavez guilty beyond reasonable doubt of the crime of
robbery with homicide:
WHEREFORE, in view of the foregoing, this Court finds accused MARK JASON CHAVEZ y
BITANCOR @ NOY GUILTY beyond reasonable doubt of the crime of Robbery with Homicide
On February 27, 2013, the Court of Appeals33 affirmed the trial court’s decision.34 Chavez then filed a
notice of appeal pursuant to Rule 124, Section 13(c) of the Revised Rules of Criminal Procedure as
amended, elevating the case with this court.
Issue: whether Chavez is guilty beyond reasonable doubt of the crime of robbery with homicide.
Held:
We reverse the decisions of the lower courts, but find Chavez guilty of the crime of homicide. W
e find that the prosecution palpably failed to substantiate its allegations of the presence of criminal
design to commit robbery, independent ofthe intent to commit homicide. There is no evidence
showing that the death of the victim occurred by reason or on the occasion of the robbery. The
prosecution was silent on accused-appellant’s primary criminal intent. Did he intend to kill the victim
in order to steal the cash and the necklace? Or did he intend only to kill the victim, the taking of the
latter’s personal property being merely an afterthought? Where the homicide is notconclusively
shown to have been committed for the purpose of robbing the victim, or where the robbery was not
proven at all, there can be no conviction for robo con homicidio.63