Late in the evening on October 10, 1997, Totoy, Randy, Rot-Rot, and Jon-Jon, boarded

a NED MAJ Taxicab in Alabang, driven by Manny. When the taxi stopped under the bridge at
Moonwalk subdivision, Totoy told Manny, “Tol, pera-pera lang ito, dahil kailangan lang.”
However, Manny resisted and tried to get out of the taxi cab. Totoy pulled him back in and
stabbed him with a bladed weapon on the chest. Randy, Rot-Rot, and Jon-Jon took turns in
stabbing Manny with bladed weapons. Manny managed to get out of the taxicab, and flee from
the scene. He was later on taken to a hospital where he expired.

Are Totoy and his confederates guilty of the consummated crime of robbery with
homicide?
ANSWER:
NO, there was no showing that Totoy and his cohorts managed to take any money from the
victim. For Totoy and his cohorts to be guilty of consummated robbery, there must be
incontrovertible proof that property was taken from the victim. The malefactors are guilty of
attempted robbery with homicide only, because they commenced the commission of robbery
directly by overt acts but was not able to perform all the acts of execution which would produce
robbery by reason of some causes or accident other than their own spontaneous desistance.
In this case, Totoy demanded from the victim, "Tol, pera-pera lang ito, dahil kailangan
lang." The victim refused to part with his earnings and resisted. He even tried to get out of the
taxicab but Totoy pulled him back and stabbed him. Randy, Rot-Rot and Jon-Jon followed suit and
stabbed the victim with their bladed weapons. The victim was able to flee from the vehicle without
anything being taken from him. Totoy and his confederates commenced by overt acts the execution
of the robbery, but failed to perform all the acts of execution by reason of the victim's resistance.
(PEOPLE vs. BOCALAN, G.R. No. 141527, September 4, 2003)