People Vs. Dio, GR No. L-36461, June 29, 1984

Facts: At about noontime Crispulo Alega fetch his girlfriend, Remedios Maniti. They proceeded to the Pasay City Public Market. As they were going up the stairs leading to the Teresa and Sons Restaurant, Remedios, who was about an arms-length ahead of Crispulo suddenly heard the dropping of her folders and other things, being carried by Crispulo. When she looked back, she saw a man — later Identified as Danilo Tobias but still at large — twisting the neck of Crispulo, while the appellant was holding his (Crispulo's) two hands. The appellant and his companion tried to divest Crispulo of his "Seiko" wrist watch, but Crispulo resisted their attempt and fought the robbers. At this juncture, the man who was twisting the neck of Crispulo stabbed the latter on the left side of his chest. Crispulo ran down the stairs followed by Remedies who shouted for help. When he reached the front of the Pasay Commercial Bank he fell down and expired. At the time of his death, the "Seiko" watch was strapped to his wrist. The trial court convicted defendant- appellant of the special complex crime of robbery with homicide as defined and penalized under art. 294, par. 1, of the revised penal code which is now being contested since the watch was never taken from the deceased.

Ruling: The evidence adduced show that the appellant and his companion were unsuccessful in their criminal venture of divesting the victim of his wrist watch so as to constitute the consummated crime of robbery. Indeed, as adverted to earlier, when the victim expired, the 'Seiko' watch was still securely strapped to his wrist. The killing of Crispulo Alega 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.