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In this case, it is respectfully submitted that the proper charge, based on the mugshot post, should be robbery with homicide, considering that the law expressly recognizes it as a special complex crime. Sa madaling sabi, wala talagang hiwalay na krimen na tinatawag na “robbery with murder,” sapagkat under prevailing doctrine, all killings committed by reason or on the occasion of robbery are absorbed under the single indivisible crime of robbery with homicide.

However, it must be emphasized that hindi tayo maaaring mag-presume ng facts na hindi pa established by evidence, pursuant to the fundamental rule that he who alleges must prove. Wala pa tayong kumpletong detalye ng imbestigasyon, kaya hindi pa maaaring magbigay ng tiyak na konklusyon as to the exact participation or circumstances of the accused.

Moreover, the mugshot itself does not constitute a valid complaint or Information within the contemplation of criminal procedure. Wala itong legal na epekto sa determination ng proper charge, and therefore, any perceived error therein does not bind either the prosecution or the court.

Gayunman, kung ang maling designation ng offense—such as “robbery with murder”—ay mailagay sa formal Complaint or Information, maaaring maging jurisdictionally or substantively defective ang kaso, which could affect the prosecution, unless properly amended in accordance with the Rules of Court.

Ergo, while the proper charge under the law is robbery with homicide, we must refrain from making factual presumptions pending investigation, and any error appearing in a mere mugshot remains immaterial unless it is carried over into the formal charge✨⚖️

EXCLUSIVE!
BREAKING| Suspechao gunman na incidente de tiro na Pilar Street, arestao ya! Detalles standby na Brigada News FM Zamboanga.

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