Accountability in Robbery: Establishing Conspiracy and Liability in Complex Crimes

A night bus robbery in Quezon City turned deadly when a passenger who fought back was shot to death. In People v. Guimba y Ruba (G.R. No. 139472, November 27, 2002), the Supreme Court affirmed the conviction of three robbers for the special complex crime of robbery with homicide under Article 294, paragraph 1, of the Revised Penal Code, as amended by Republic Act No. 7659. The case clarifies how conspiracy makes every robber liable for a killing committed on the occasion of a robbery, and why the aggravating circumstance of band requires proof that more than three malefactors were armed.

The incident and the charge

On the evening of July 6, 1998, a Rhine Transport bus traveling along Commonwealth Avenue stopped to pick up five men. Shortly after boarding, one of them shouted, “Holdup ito! Walang kilos ng masama!” The men robbed the bus conductor of the day’s collection and