crim_case digests 11-7-15

7/24/2019 Crim_Case Digests 11-7-15

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Case Digests 11/06/2015

PALAGANAS vs. PPL G.R. No. 165483 September 12, 2006

Facts: The petioner was sentenced by RTC and Affired by the CA for

the g!i"ty of crie of #oicide and two co!nts of Fr!strated #oicide$ Ar!b"e% ca!sed by the song &y way' at (ideo)e bar res!"ted in theshooting by the petitioner% who answer the ca"" of he"p of his brother who

was in(o"(ed in r!b"e incident$ *etitioner in(o)ed se"f+defense to ,!stify hisshooting$

-ss!e: .hether or not se"f+defense is (a"id"y in(o)ed$

#e"d: For a (a"id se"f+defense% priari"y !n"awf!" aggression !st be eisted$-n the case at bar no !n"awf!" aggression that coes fro the (icti sincethe throwing of stones to the acc!sed does not p!ts in act!a" or iinentperi" the "ife% "ib% or right of the acc!sed$ The acc!sed has other optionsother than shooting % either by r!nning or ta)ing co(er or ca""ing proper

a!thorities$ The ,!stification of se"f+defense is not correct"y be appreciated$As the b!rden of e(idence is shifted on the acc!sed to pro(e a"" the e"eentsof se"f+defense% he !st re"y on the strength of his own e(idence and not onthe wea)ness of the prosec!tion$*residentia" Decree o$ 166% 634 as aended by Rep!b"ic Act o$ 2%64 which is a specia" "aw which states that if hoicide or !rder iscoitted with the !se of an !n"icensed firear% s!ch !se of an !n"icensedfirear sha"" be considered as an aggra(ating circ!stance 7 generic$.hereas% the !sed of !n"icensed firear that was a""eged in the inforationand !st be pro(en d!ring tria" is considered specia" aggra(atingcirc!stances and it cannot be offset by itigating circ!stance !n"i)e

generic that it ay be offset$

8eneric aggra(ating circ!stances are those that genera""y app"y to a""cries s!ch as those entioned in Artic"e 1% paragraphs o$ 1% 2% 3% % 5%6% % 10% 1% 1% 1 and 20% of the Re(ised *ena" Code$ -t has the effect ofincreasing the pena"ty for the crie to its ai! period% b!t it cannotincrease the sae to the net higher degree$ -t !st a"ways be a""eged andcharged in the inforation% and !st be pro(en d!ring the tria" in order tobe appreciated$ 9oreo(er% it can be offset by an ordinary itigatingcirc!stance$

Teperate or oderate daages *25%000; ay be reco(ered when theco!rt finds that soe pec!niary "oss was s!ffered b!t its ao!nt cannot bepro(ed with certainty$g!nshot wo!nd s!stained by 9ichae" in his right sho!"der was not fata" ororta" since the treatent period for his wo!nd was short and he wasdischarged fro the hospita" on the sae day he was aditted therein


2/48

People v. Jaur!ue a"# Jaur!ue

CA o$ 3

Date of *ro!"gation: Febr!ary 21% 16

*onente: De


3/48

Co!rt of First -nstance of Tayabas: AcB!itted ico"as

her honor2; Co!rt erred in not finding fa(or in itigating circ!stances

3; Co!rt erred in ho"ding aggra(ating circ!stances coitting the

offense in a sacred p"ace;-ss!es:

.> Appe""ant acting in defense of her honor re"ie(es criina" "iabi"ity

.hat itigating circ!stances too) p"ace to fa(or the defendant$.>Coitting the offense in the chape" co!"d be co!nted as an aggra(atingcirc!stance$

#e"d/Ratio:

1; o% it is in the Co!rt@s (iew that a woan has the right to defend

her honor especia""y if she fee"s threatened by a potentia" attac)er$.oanhood is a (a"!e that !st be protected and which the an sho!"drespect$ -f there is possib"e rape% then the woan has e(ery eans topre(ent s!ch aggression and defend herse"f$ A"tho!gh in the case of A(e"ina%Aado@s action showed no e(idence beyond do!bt that it wo!"d "ead to rape%

the fact that the sit!ation was in a we"" "it chape" fi""ed with peop"e% thedefendant co!"d ha(e easi"y ca""ed for he"p$ The defendant@s response wasecessi(e and cannot be c"eared of a"" criina" "iabi"ity$ -f the defendantwo!"d ha(e )i""ed the (icti when he c"ibed !p her roo% then the actionof stabbing hi ight be dee appropriate$

2; The itigating circ!stances in the defendants beha(ior are:

a; -ediate"y% (o"!ntari"y% and !nconditiona""y s!rrendered to the

barrio "ie!tenant$b; Acted in iediate (indication of the gra(e offense showed that

the action was based on passion and "ost of se"f+contro"$c; ?he c"aied that she did not intend to )i"" Aado% ,!st p!nish hi

for his offense% which was pro(en by on"y inf"icting a sing"e wo!nd$3; o% there is no e(idence to show that the defendant had !rder in

her heart when she entered the chape"$Decision:


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=ower co!rt decision is 9>D-F-D$ Defendant is sentenced to an

indeterinate pena"ty ranging fro 2 onths and 1 day of arresto ayor to2 years% onths% and 1 day of prision correciona"$ And to indenify heirsof deceased in the s! of *2%000 and to s!ffer s!bsidiary iprisonent notto eceed 1/3 of principa" pena"ty; if in case of fai"!re to pay the costs$

otes:The "aw prescribes pena"ty of rec"!sion tepora" for crie of hoicide$

The 3 itigating circ!stances in fa(or of the defendant red!ces the pena"tyby two degrees$

People v. $amaso

8$R$ o$ =+30116

Date of *ro!"gation: o(eber 20% 1

*onente: *er C!ria

*etition: A!toatic Re(iew Death *ena"ty% CF- of Tar"ac;

*etitioner: *eop"e of the *hi"ippines Respondent: Fa!sto Daaso% Eictoriano !genio a"ias &T!ring'%

stanis"ao 8regorio a"ias &-s"ao'% =oreno A"(iar a"ias &>ring' and onifaciospe,o a"ias &9arcia'

Facts:Fa!sto Daaso% Eictoriano !genio =oreno A"(iar% and onifacio

spe,o are con(icted of robbery of Donata Rebo""edo; with do!b"e hoicideof Cata"ina ?abado and ?!sana ?abado;$

>n o(eber 21% 15% :00 *9% at arrio angar% Eictoria

!nicipa"ity% Tar"ac% 2 en ared with g!ns forcib"y entered the ho!se ofDonata Rebo""edo with her son+in+"aw Eictoriano de "a Cr! at that tie;%

tied the and then too) ,ewe"ry% c"othing% doc!ents% and c!ttinginstr!ents$ Donata recognied Daaso d!ring the crie% and she a"soheard se(era" (oices downstairs$ They a"so too) Cata"ina ?abado fro herroo% and they went to the nearby store of ?!sana ?abado both wereda!ghters of Donata;$

The po"ice searched and fo!nd the two woen dead the fo""owing

orning in a s!gar p"antation$ They were tied and had se(era" stab ar)s intheir bodies% and their nec)s were c!t fo!nd o!t "ater on to be a scythe;$

-ss!es/#e"d:

.> there was Aggra(ating Circ!stance of crie coitted in an

!ninhabited p"ace% and by a band + G?.> there was treachery which isa"so aggra(ating circ!stance 7 G? different topic b!t ight be as)ed;Ratio:


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!genio% A"(iar% and 8regorio were ared d!ring the coission of

the crie$ y testiony of the other criina"s% by the witnesses robbery(ictis;% and by confession of Daaso hise"f% he had a firear d!ring thecrie $22 pa"ti) re(o"(er or $30 springfie"d rif"e% conf"icting inforation frowitnesses% b!t the type of g!n !sed was inconseB!entia";$ This now ade

the ared en% fa""ing !nder the aggra(ating circ!stance of ore than3 ared a"efactors$ spe,o had 2 &stones'% and whether this can beconsidered as weapon or not has no effect since there are a"ready areden$

An !ninhabited p"ace is not abo!t the distance to the nearest

ho!se/person% b!t on whether or not the (ictis co!"d see) he"p at thatoent in tie$ The crie was done d!ring nighttie and the s!garcane inthe fie"d was ta"" eno!gh to obstr!ct the (iew of neighbors and passersby% sothe (ictis co!"d ne(er see) he"p$ The respondents de"iberate"y bro!ght the(ictis to the s!garcane beca!se it was sec"!dedH beca!se they did not )i""

the at Donata@s ho!se% when they co!"d@(e ,!st done this$Different topic% b!t ight be as)ed;

Treachery was present beca!se the (ictis were )i""ed whi"e bo!nd in

s!ch a way that they had no opport!nity to repe" the attac) or escape$ Thebodies of Cata"ina and ?!sana were fo!nd dead with their ars tied behindtheir bac)s so the crie was done !nder treachero!s circ!stances$

Decision:=ower Co!rt ,!dgent is affired$

People v. Ar%obal

8R os$ 135051+52

Date of *ro!"gation: Dec 1% 2000 *onente: *er C!ria

*etition: A!toatic re(iew of a decision of "ower co!rt

*etitioners: *eop"e of the *hi"ippines

Respondents: C"arito Arioba" at "arge;% r"y =ignes% and 2 other ne e(ening in 1% witness C"eentina was in her ho!se

together with her h!sband =a!rencio and their grandchi"d$ They weres"eeping when her h!sband ro!sed her fro s"eep and to"d her to open thedoor beca!se there were peop"e o!tside$ .hen she went to open it% three

ared en pointed their g!ns at her$ ?he recognied the two as C"aritoArioba" and r"y =ignes$ ?he wasn@t ab"e to recognie the other one beca!sehe was wearing a as)$

C"arito and =ignes barged into the aster@s bedroo and forcib"y

opened the aparador$ They ransac)ed the cabinet !nti" they fo!nd *)$efore "ea(ing% they ordered =a!rencio to go with the to the other ho!sewhere


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-n the net ho!se% another witness% r"inda wife of


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3$ .hi"e at "east 5 offenders too) part in the coission of the crie%

the e(idence on record does not disc"ose that &ore than three' personswere ared% and robbery in &band' eans &ore than three areda"efactors !nited in the coission of robbery$'

$ The aggra(ating circ!stance of nighttie did not attend the

coission of the crie$ The fact that the offense was coitted at:30p by is not% in itse"f% an aggra(ating circ!stance$ -t was nots!fficient"y pro(en that the offenders too) ad(antage of the night to coitthe cries since the ho!ses were we""+"it in the night$ The oon a"sopro(ided s!fficient "ighting$

Decision: Decision affired$

People v. Gar&a

8$R$ o$ =+30

Date of *ro!"gation: >ctober 31% 1

*onente: Abad ?antos% >n her way% Coraon saw her brother f"eeing a gro!p of abo!t se(en

persons% inc"!ding the two acc!sed% Antonio 8arcia and Reyna"do Ar(iso$ ?he

recognied the two acc!sed beca!se they were forer gangates of herbrother$.hen she (ent!red to "oo) fro where she was hiding% abo!t 20

eters away% she saw the gro!p catch !p with her brother$ ?oe beat hiwith pieces of wood% others boed hi$ -ediate"y afterwards% the gro!pscapered away in different directions$ Antonio was "eft behind$ #e wassitting astride the prostrate fig!re of Apo"onio% stabbing the "atter in the bac)with his "ong )nife$


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-ss!es/#e"d:.> aggra(ating circ!stances are app"icab"e in this

case 7 G?a$ 9ain: oct!rnity% !ninhabited p"ace% or band

Ratio:

1$ The a""eged inconsistencies in CoraonIs testiony L which the

defense a)es !ch of L are not irreconci"ab"e with the physica" facts$Coraon was testifying as an eyewitness to the tra!atic incident by whichher brother et a (io"ent death at the

hands of a ob$2$ Defense a"so contends that Reyna"do Ar(iso is

innocent beca!se there is no e(idence ofhis participation$ #owe(er% the finding of Reyna"doIs g!i"t stes fro

his participation in the conspiracy to )i"" the deceased$ Reyna"do and Antoniowere the "eaders of the pac) chasing Apo"onio$

3$ Conspiracy eists if% at the tie of the coission of the offense%

the defendants had the sae criina" p!rpose and were !nited in its

eec!tion$ Those who are ebers of the band of a"efactors by which a!rder is coitted and are present at the tie and p"ace of thecoission of the crie% th!s contrib!ting by their presence to a!gent thepower of the band and to aid in the s!ccessf!" rea"iation of the crie% areg!i"ty as principa"s e(en if they too) no part in the ateria" act of )i""ing thedeceased$

$

.henagro!pofse(enen%oreor"ess%gi(echasetoasing"e!naredindi(id!a"r!nning for his "ife% and they o(erta)e hi and inf"ict wo!nds on his body byeans of shooting% stabbing% and hitting with pieces of wood% there is

conspiracy to )i""$5$ There are two tests for noct!rnity as an aggra(ating circ!stance:

the ob,ecti(e test% !nder which noct!rnity is aggra(ating beca!se itfaci"itates the coission of the offenseH and the s!b,ecti(e test% !nderwhich noct!rnity is aggra(ating beca!se it was p!rpose"y so!ght by theoffender$ These two tests sho!"d be app"ied in the a"ternati(e$

-n this case% the s!b,ecti(e test is not passed$ et% we app"y the

ob,ecti(e test$ A gro!p of en were engaged in a drin)ing spree% in theco!rse of which one of the f"ed% chased by others$ The criina" assa!"ton the (icti at 3:00 a$$ was in(ited by noct!rna" co(er% whichhandicapped the (iew of eyewitnesses and enco!raged ip!nity by

pers!ading the a"efactors that it wo!"d be diffic!"t to deterine theiridentity beca!se of the dar)ness and the re"ati(e scarcity of peop"e in thestreets$ .e find that noct!rnity is aggra(ating beca!se it faci"itated thecoission of the offense$ oct!rnity enticed those with the "!st to )i"" tofo""ow their ip!"ses with the fa"se co!rage born o!t of the be"ief that theyco!"d not be readi"y identified$

Decision:


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.#RF>R% the ,!dgent of the co!rt a B!o is hereby odified in

that the two acc!sed% Antonio 8arcia y Cabarse and Reyna"do Ar(iso yRebe""ea% are sentenced to !ndergo an indeterinate iprisonent of 10years as ini! to 1 years as ai!% b!t in a"" other respectsaffired$

People v. 'al#era

8$R$ o$ 230

Date of *ro!"gation: Apri" 2% 150

*onente: Reyes%


10/48

Decision 9>D-F-D$ Acc!sed+appe""ant is sentenced to "ife

iprisonent instead of death sentence$ #is indenity payent to the heirsof the deceased% there is an aggra(ating circ!stance of ta)ing

ad(antage of p!b"icoffice/position 7 >

2$ .> there was

a$ Conspiracy + G?

b$ Treachery 7 G?

c$ (ident preeditation 7 >

d$ 9itigating circ!stance of iediate (indication 7 G?

Ratio:


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1$ The ere fact that appe""ant 9ario is a eber of the po"ice force

did not by itse"f ,!stify the aggra(ating circ!stance of ta)ing ad(antage ofp!b"ic office/position$ #e acted "i)e a brother of 9oises;% instincti(e"yreacting to what was !ndo!bted"y a (icio!s assa!"t on his )in$ #e pisto"+whipped the deceased beca!se he had a pisto" with hi$ -t cae in handy

and he acted according"y$ That he was a po"icean is of no re"e(ance inassessing his criina" responsibi"ity$

2$ a$ There was conspiracy since the two brothers% as we"" as their 2

copanions% apparent"y had one p!rpose in ind% to a(enge the stabbing of9oises$ They a"" acted in concert$

b$ There was treachery since the crie was coitted to ins!re that


12/48

According to a prosec!tion witness% they were wa")ing hoe after

attending a paisa with n the strength of =>- o$ % which (ested ,!risdiction on the9i"itary Trib!na"s of a"" cries against persons and property coitted withthe !se of !n"icensed firears% a otion was fi"ed to transfer the case to the9i"itary trib!na" and this was granted% so warrants of arrest for those whowere re"eased were iss!ed$

8apasin% ?oriano% e" and Aor were rearrested% b!t ic) and Fran)

reained at "arge$ y (irt!e of 8enera" >rder o$ 6% the cases weretransferred bac) to the tria" co!rt$ #owe(er% since e" and Aor ha(eescaped% and since they co!"dn@t be fo!nd% tria" processed against 8apasinand ?oriano on"y$ oth app"ied for bai" b!t on"y ?oriano@s app"ication wasgranted$ 8apasin tried 2 ore ties !nti" he fi"ed a otion that he betransferred to the c!stody of his i"itary coander which the appe""ateco!rt granted after the tria" co!rt denied it$

8apasin@s appea" is hinged on his c"ai that the prosec!tion witnesses

were a"" re"ati(es of the (icti and th!s% biased against hi$-ss!es/#e"d:.> 8apasin too) ad(antage of his p!b"ic position in

)i""ing Ca"pito 7 G?

Ratio:The acc!sed too) ad(antage of his p!b"ic position beca!se as a

eber of the *hi"ippine Constab!"ary and he coitted the crie with anara"ite rif"e which was iss!ed to hi when he recei(ed his order$

Decision:

Affired tria" co!rt@s decision


13/48

People v. (o"!so"

8$R$ os$ =+35123+2

Date of *ro!"gation: ctober 26% 11% R!dy

Tiongson escaped fro the 9!nicipa" ctober 26% 11$


14/48

*C ?gt$ Teotio ?away% who "ed the p!rs!it of the

escaped detainees% dec"ared that he was in one of the% stores in front of the!"a"acao !nicipa" b!i"ding% abo!t 60 eters away% when he heard two 2;g!nshots coing fro the direction of the !nicipa" b!i"ding% and *at$8e"era was a"ready dead when he saw hi$

The circ!stances B!a"ifying or aggra(ating the act of )i""ing a h!anbeing !st be pro(ed in an e(ident and incontestab"e anner% erepres!ptions or ded!ctions fro hypothetica" facts not being s!fficient toconsider the ,!stified$

?ince treachery% which wo!"d B!a"ify the )i""ing of *at$ 8e"era and *C

Constab"e Cane"a to 9!rder% was not present% the cries ay on"y bep!nished as #oicide$

Decision:

.#RF>R% with the odification that the acc!sed R!dy Tiongson

sho!"d be sentenced to s!ffer iprisonent of fro eight ; years and one

1; day of prision ayor% as ini!% to fo!rteen 1; years and eight ;onths of rec"!sion tepora"% as ai!% for each hoicide coitted byhi% the ,!dgent appea"ed fro sho!"d be% as it is hereby% AFF-R9D$ Theindenity to be paid to the heirs of the (ictis is hereby increased to*30%000$00 in each case$

People v. )a!#ue*o

8$R$ o$ =+66

Date of *ro!"gation: ?epteber 22% 16

*onente: *er C!ria

*etition: A!toatic Re(iew Death *ena"ty% RTC of *a"awan and *!erto*rincesa City;

*etitioner: *eop"e of the *hi"ippines

Respondent: #erogenes 9agd!ePo

Facts:>n >ctober 15% 10% a few in!tes past :00 A9% #erogenes

9agd!ePos !rdered Fernando 9$ Di"ig% City Fisca" of *!erto *rincesa City$This was done with a a!toatic pisto"% with 2 fata" g!nshots at "eft sideof body nec) and "!bar region;$ The (icti has ,!st seated on his ,eepnear his ho!se when the crie happened$

>thers were a"so ip"icated conspiring together;: Apo"inario ?ison%

Teodorico Raire%A"e,andro 8!e(arra% A"fredo 8!e(arra% and dgardo Casabay$ !t they

were acB!itted for "ac) of e(idence$3 witnesses positi(e"y identified the )i""er$ #e was then charged in

"ower co!rt with the death pena"ty for the fo""owing: crie of 9!rderB!a"ified by treachery and e(ident preeditation and aggra(ated by price orreward and by the crie being coitted in contept of/or with ins!"t top!b"ic a!thority$


15/48

-ss!es/#e"d:

.> the Aggra(ating Circ!stance of Contept or with -ns!"t to

*!b"ic A!thority can be !sed +>

Ratio:

For the iss!e of -ns!"t to *!b"ic A!thority% this was not considered sincethere was no contept or ins!"t to Fernando Di"ig City Fisca" of *!erto*rincesa City% a *!b"ic A!thority;% beca!se the crie was coitted direct"yto Fernando hise"f% not &in contept or ins!"t' to hi$

For the ain iss!es% there was preeditation and treachery% that the

)i""er was a recidi(ist repeat offender/criina";% and that the crie wascoitted for a reward contract )i""er;% as we"" as etra+,!dicia" adissionof crie$ Therefore% 9agd!ePo was g!i"ty as charged$

Decision:=ower Co!rt ,!dgent is affired$

People v. +olla#o8$R$ o$ 631

Date of *ro!"gation: Apri" 30% 11

*onente: 9edia"dea% nce 8"oriani too) possession of Regay@s oney a"" fo!r "efttogether fo""owing the sae ro!te$ They too) *5%00 and a ?ei)o watchworth *500$

9arian Regay@s body was on"y fo!nd a day "ater% as seen fro an

a"ready decoposing state$ 9arasigan reported the incident on"y 15 days"ater as he was bothered by his conscience$


16/48

Fernando Co""ado was apprehended at the *acita Cop"e% ?an *edro%

=ag!na$ #e stated there were fo!r responsib"e% Fe"i Co""ado% Crisanto =ara%and Roeo 8"oriana$

Crissanto =ara@s defense is one of a"ibi$ #e c"ais d!ring the tie of

the incident he was at the =ag!na *ro(incia" #ospita" in ?ta$ Cr! where he

(isited his nephew% he stayed at the hospita" !nti" 2p$ #e spend the nightat the ho!se of his nephew@s father$ #e then went to *i"a% =ag!na aro!nd10a where he heard that 9arian was issing$ #e a"so c"ais it wo!"d beipossib"e for hi to ho"d the piece of wood as stated in 9arasigan@stestiony% since his "eft hand is ap!tated and his other hand is Qpasado@$A"so he c"ais that Fernando@s confession sho!"d be deeed in(a"id sinceFernando c"aied to ha(e been beaten d!ring in(estigation$

The RTC fo!nd credence in 9arasigan@s testiony and con(icted the

fo!r of robbery with hoicide and sentenced the the pena"ty of rec"!sionperpet!a and the accessory pena"ties iposed by "aw% a"so to indenify the

heirs of the (icti in the ao!nt of *30%000$Crissanto =ara appea"s the decision$ #e states that the co!rt erred in

gi(ing credence to 9arasigan@s testiony and not gi(ing gi(ing credence tothe fact that his "eft ar was ap!tated$

-ss!es/#e"d:

1; .> the RTC sho!"d gi(e credence to 9arasigan@s testiony 7G?

2; .> Crissanto =ara@s condition pro(ed that he was !nab"e to

assa!"t 9arian Regay 7 >3; .> the aggra(ating circ!stance of disregarding ran)% age% or

se is app"icab"e 7 >

Ratio:1; Ges% the acc!sed+appe""ant pointed o!t inconsistencies in

9arasigan@s testiony% s!ch as 9arasigan did not report incident right after%or he did not he"p the (icti whi"e the incident too) p"ace$ The Co!rtdisagrees$ -t is ob(io!s that the witness was ca!ght by s!rprised d!ring theincident% which was why he did not he"p d!ring the onset$ A"so the fact thathe did not report the incident right away since Crissanto =ara was his !nc"e%the criina" being a fai"y re"ati(e wo!"d ha(e deterred the witness frotestifying right away$ The discrepancies on inor detai"s act!a""y addscredence to the testiony beca!se it is epected in a spontaneo!stestiony$


17/48

2; o% the fact that 9arian Regay was hit in the head with a hard

ob,ect is corroborated by the physician@s testiony% that there was a fract!reon her head when her body was eained$ A"so% it does not ho"d that =araco!"d not ho"d a piece of wood as a weapon% since he is not "eft+handed his"eft hand was ap!tated; and that he was sti"" ab"e to wor) despite his

disabi"ity$ The Co!rt finds the acc!sed+appe""ant capab"e of s!ch act$ A"so inregard to his a"ibi that he was in another town% the Co!rt finds his a"ibiwea)% since the town was on"y ) fro the "ocation of the crie% it wo!"dha(e ta)en +12 in!tes to get there% since both p"aces had access to theroad$

3; The aggra(ating circ!stance of disregard of age and se cannot

be considered when it coes to cries against property$ Robbery withhoicide is priari"y a crie against property and not against persons$#oicide is a ere incident of the robbery$ The prosec!tion fai"ed to showc"ear e(idence of preeditation% ain"y the tie when fo!r acc!sed

deterined to coit the crie% an act that indicated the fo!r acc!seddecided to coit the crie% and the "apse of s!fficient "ength of tiebetween deterination and eec!tion$

Decision:

Decision appea"ed fro is AFF-R9D with 9>D-F-CAT-> that the ci(i"

indenity is increased to *50%000$

People v. Ro#l

Facts: Acc!sed F"oro Rodi" was charged !nder an -nforation that

states that on Apri" 2% 11% with the !se of a b"aded dagger% attac)ed and

stabbed to death *hi"ippine Constab!"ary =ie!tenant 8!i""ero 9asana in-ndang% Ca(ite$ The -nforation a"so a""eges that 9asana was in theperforance of his officia" d!ties when the acc!sed attac)ed hi$

Apri" 2% 11: 9asana% the deceased% together with *C so"dier Eirgi"io

Fide"% *hi"ippine Coast 8!ard ser(icean Ricardo =igsa and *atro"an Fe"i9o,ica of -ndang% Ca(ite% was ha(ing "!nch inside a resta!rant in front of the-ndang ar)et$

.hi"e inside% they saw acc!sed o!tside thro!gh the g"ass window of

the resta!rant$ Rodi" was b"owing his whist"e$

#is attention drawn by what Rodi" was doing% 9asana% dressed in

ci(i"ian c"othes% accopanied by Fide"% went o!t of the resta!rant$ #eintrod!ced hise"f as a *C officer% and as)ed Rodi" whether the g!n t!c)edon his waist had a "icense$ -nstead of answering the B!estion% Rodi" o(ed astep bac)ward and tried to draw his g!n$ Fide" iediate"y grabbed Rodi"@sg!n and ga(e it to 9asana$


18/48

The three went inside the resta!rant$ 9asana and Rodi" occ!pied a

separate tab"e$ 9asana p"aced the g!n on the tab"e% p!""ed o!t a piece ofpaper and wrote a receipt for the g!n and signed it$ #e as)ed Rodi" toco!ntersign it% b!t he ref!sed$ Rodi" e(en as)ed 9asana to ret!rn the g!n to

hi% and of co!rse 9asana did not grant his p"ea$ As 9asana was abo!t tostand !p% Rodi" p!""ed o!t a do!b"e+b"aded dagger and stabbed 9asanase(era" ties% on the chest and the stoach which "ed to his death$

-ndang Chief of *o"ice *rio *ana"igan was a"so inside the resta!rant

ta)ing his "!nch and he"ped in wresting the dagger fro Rodi"$

-ss!es:

1; .hether or not the specific circ!stance of contept of% or ins!"t

to p!b"ic a!thority can be appreciated as an aggra(ating circ!stance

2; .hether or not the specific circ!stance of ins!"t or disregard of

ran) can be appreciated as an aggra(ating circ!stance

#e"d:

1; G?$ -n the case at bar% the aggra(ating circ!stance of% or ins!"t

to% p!b"ic a!thority !nder paragraph 2% Artic"e 1 of the R*C can beappreciated$ (idence of prosec!tion c"ear"y estab"ished that -ndang Chief of*o"ice *rio *ana"igan was present in the resta!rant as he was ha(ing "!nchthere too when the incident happened% which be"ies Rodi"@s a""egations that

he went to the !nicipa" po"ice station and reported the incident as se"f+defense to the Chief$ As a atter of fact% the chief of po"ice was the one whoebraced or grabbed Rodi" fro behind% wrested the dagger fro hi ands!bseB!ent"y bro!ght hi to the -ndang !nicipa" b!i"ding$ The chief ofpo"ice sho!"d be considered a p!b"ic a!thority or a person in a!thority for heis (ested with ,!risdiction and a!thority to aintain peace and order and isspecifica""y d!ty bo!nd to prosec!te and to apprehend (io"ators of the "awand !nicipa" ordinances$


19/48

2; G?$ The aggra(ating circ!stance of disregard of ran) sho!"d be

appreciated beca!se the (icti identified hise"f as a *C officer to Rodi" whowas ere"y a eber of the Anti+?!gg"ing Jnit and was therefore inferiorboth in ran) and socia" stat!s to the (icti$ The difference in officia" andsocia" stat!s between a *C "ie!tenant and a ere eber of an anti+

s!gg"ing !nit is patent$ -f Rodi" was charged with the cop"e crie of!rder with assa!"t against an agent of a person in a!thority and not ere"y!rder% then the aggra(ating circ!stance of disregard of ran) ay not beappreciated beca!se that circ!stance wi"" be absorbed into the charge ofassa!"t against an agent of a person in a!thority$ !t in the case at bar% the-nforation charges Rodi" with !rder on"y$ Therefore% the aggra(atingcirc!stance of disregard of ran) ay be appreciated in the iposition ofpena"ties$

FFCT T> *A=TG -9*>?A=: .ith two aggra(ating circ!stances

and no itigating circ!stance% the appe""ant is condened to s!ffer theai! period of rec"!sin tepora"% the pena"ty prescribed for hoicide$

People v. Pa!al

Facts: Acc!sed+appe""ants *aga" and Torce""ino were charged with the

crie of robbery with hoicide% with the generic aggra(ating circ!stancesof nightie p!rpose"y so!ght to better accop"ish their criina" designHe(ident preeditationH in disregard of the respect d!e the offended partyHand with ab!se of confidence% the acc!sed being then ep"oyees of theoffended party$ .hen the case was ca""ed for arraignent% the acc!sedentered a p"ea of g!i"ty b!t they were a""owed afterwards to pro(e theitigating circ!stances of s!fficient pro(ocation or threat on the part of theoffended party iediate"y preceding the act% and that of ha(ing acted !ponan ip!"se so powerf!" as to prod!ce passion and obf!scation$ The RTC%after considering the aggra(ating circ!stances and itigatingcirc!stance of on"y p"ea of g!i"t% fo!nd the g!i"ty of the crie charged%sentencing the with the pena"ty of death$ The case was e"e(ated to the ?Cby (irt!e of the andatory re(iew on acco!nt of the pena"ty of deathiposed on the acc!sed$

-ss!e: .hether or not the RTC erred in not appreciating in fa(or of the

acc!sed the itigating circ!stances of 1; s!fficient pro(ocation and 2;passion or obf!scation$


20/48

#e"d: >% the RTC is correct$ As a r!"e% two or ore itigating

circ!stances arising fro the sae act cannot be considered as separateand distinct circ!stances b!t sho!"d be treated as one$ Th!s% in this case%the itigating circ!stance of s!fficient pro(ocation cannot be consideredbeca!se the a""eged pro(ocation which ca!sed the obf!scation arose fro

the sae incident% which is the a""eged a"treatent and/or i""+treatentca!sed by the (ictis towards the acc!sed+appe""ants$

As to the circ!stance of passion and obf!scation% it cannot be treated

as itigating if the crie in(o"(ed was p"anned and ca""y editated beforeits eec!tion% s!ch as in this case of robbery where the appe""ants areepected to ha(e caref!""y p"anned its eec!tion$ Th!s% in *eop"e (s$ Daos% acase of robbery with hoicide% this Co!rt re,ected the c"ai of the appe""antstherein that passion and obf!scation sho!"d ha(e been estiated in theirfa(or% beca!se the death of the (icti therein too) p"ace on the occasion of a

robbery% which% before its eec!tion% had been p"anned and ca""y editatedby the appe""ants$

Fina""y% the a"treatent that appe""ants c"ai the (icti to ha(e

coitted against the occ!rred !ch ear"ier than the date of thecoission of the crie$ *ro(ocation in order to be a itigatingcirc!stance !st be s!fficient and iediate"y proceeding the act$ .eho"d that the tria" co!rt did not coit any error in not appreciating the saiditigating circ!stances in fa(or of the appe""ants$

*eop"e ($ 9ando"ado

8$R$ o$ =+5130+05

Date of *ro!"gation:

*onente: 8!errero% rti""ano

Facts: 9ando"ado and >rti""ano% a"ong with ?ion and rinada are

draftees and trainees of the AF* who were passengers of a b!s$ eing a"" in!nifor and ared% they got acB!ainted and decided to ha(e a drin)ingsession at the b!s terina"$ After an ho!r of drin)ing% 9ando"ado got dr!n) and got his g!n and

started firing$ ?ensing tro!b"e% ?ion and rinado ran and boarded a FordFiera% and 9ando"ado and >rti""ano fo""owed$ They forced the dri(er to bringthe to the 9idsayap$ .hen they were dropped off% 9ando"ado fired his $30ca"iber achine g!n at the Ford and hit the right side of the bac) of thedri(er@s sister$


21/48

?ion and rinado then got on Tenorio@s ,eep% with 9endoa on board$

9ando"ado and >rti""ano ran after the ,eep and to"d the Tenorio to stop sothey co!"d get on% firing their g!ns on the way$ Jpon "earning that the ,eepwas bo!nd for Catabato and not *-)it where they wanted to go% 9ando"adogot angry and coc)ed his g!n and ordered Tenorio to stop$ .hen the ,eep

stopped% ?ion and rinado ,!ped off and ran to their cap$ 9ando"adoand >rti""ano a"so got off b!t 9ando"ado fired his g!n at the occ!pants of the,eep$ >rti""ano a"so fired b!t fired downwards to the gro!nd$ This was when?ion heard shots of a achine g!n$ 9ando"ado and >rti""ano arri(ed at their cap b!t did not report the

incident$ The net orning% ?gt$ Ei""an!e(a infored the that they weres!spects in the Tenorio and 9endoa )i""ings$ They were "ater thenapprehended before they co!"d escape to 9ani"a$ The defense contended that the circ!stantia" e(idence does not show

that they were g!i"ty beyond reasonab"e do!bt$ The on"y "in) of 9ando"ado

to the epty ca"iber $30 she""s was the fact that they were fired fro his g!nand his on"y "in) to the )i""ings was his etra ,!dicia" confession wherein headitted )i""ing the 2 and >rti""ano aditted being present and firingdownwards; b!t which they rep!diate for being !n"awf!""y ta)en !nder forceand d!ress$ #owe(er% the co!rt did not on"y base their ,!dgent on theconfession% beca!se they a"so considered that he fired his g!n at theterina" and at the Ford% that ?ion heard shots whi"e r!nning to theircap% that they attepted f"ight% and his own adission before the "owerco!rt that it was accidenta"$ -n the end% ?ion and rinada were acB!itted% whi"e 9ando"ado and

>rti""ano were fo!nd g!i"ty of !rder B!a"ified by treachery% withaggra(ating circ!stances of ta)ing ad(antage of a p!b"ic position% ab!se ofconfidence% and ob(io!s !ngratef!"ness$ -ss!es/#e"d:

.> these aggra(ating circ!stance sho!"d be appreciated:

1$ ta)ing ad(antage of a p!b"ic position 7 >

2$ ab!se of confidence 7 >

3$ ob(io!s !ngratef!"ness 7 >

Ratio:

1$ The ere fact that an ary draftee who hitchhi)ed in a ,eep fired

!pon its occ!pants is not s!fficient to estab"ish that he is!sed his p!b"icposition in the coission of the crie$


22/48

2$ This cannot be inferred fro the ere fact that an ary draftee

who was a""owed on board a (ehic"e "ater on fired his g!n at its occ!pants$-n order that ab!se of confidence be deeed as aggra(ating% it is necessarythat there eists a re"ation of tr!st and confidence between the acc!sed andone against who the crie was coitted and that the acc!sed ade !se

of s!ch a re"ationship to coit the crie$ -t is a"so essentia" that theconfidence between the parties !st be iediate and persona" s!ch aswo!"d gi(e the acc!sed soe ad(antage to coit the crie$ -t is ob(io!sthat the acc!sed and the (ictis on"y et for the first tie so there is nopersona" or iediate re"ationship !pon which confidence ight restbetween the$ 3$ ?ii"ar"y% there co!"d be no ob(io!s !ngratef!"ness since the

reB!isite tr!st of the (ictis !pon the acc!sed prior to the criina" act are"ac)ing or noneistent$ Decision:

9odified$ 9ando"ado g!i"ty of !rder% and >rti""ano as accessory% bothwith itigating circ!stance of dr!n)enness$

S v. )a"al"#e

o$ 522

Date of *ro!"gation: A!g!st 2% 10 *onente: Torres%

h!ndred days beforeH that he was directed by Datto 9!p!c) to goh!raentado and to )i"" the two persons he wo!"d eet in the townH that ifhe was s!ccessf!" in the atter% 9!p!c) wo!"d gi(e hi a pretty woan onhis ret!rnH that in order to carry o!t his intention to )i"" two persons in thetown of Cotobato$ -ss!es/#e"d:

.> the aggra(ating circ!stance of e(ident preeditation is

estab"ished by the facts 7 G? Ratio: The facts estab"ish the aggra(ating circ!stance of e(ident

preeditation$ For e(ident preeditation to be present% The prosec!tion !st pro(e:

1$ The tie when the offender deterined to coit the crie


23/48

2$ An act anifest"y indicating that the c!"prit has c"!ng to his

deterination 3$ A s!fficient "apse of tie between the deterination and eec!tion

to a""ow hi to ref"ect on its conseB!ences;The three reB!isites of e(ident preeditation are i""!strated by the

facts: First reB!isite: >n a certain date% 9ana"inde accepted the proposition

that he wo!"d t!rn h!raentado and )i"" the first two persons he wo!"d eetin the ar)et p"ace$ >n said date% the offender is said to ha(e deterinedthe crie$ ?econd reB!isite: #e !ndertoo) the ,o!rney to cop"y therewith and

pro(ided hise"f with a weapon$ The ,o!rney and the carrying of the weaponare acts anifest"y indicating that the offender c"!ng to his deterination tocoit the crie$ Third reB!isite: After the ,o!rney for a day and a night% he )i""ed the

(ictis$ >ne day and one night constit!te a s!fficient "apse of tie for theoffender to rea"ie the conseB!ences of his contep"ated act$ Decision:

*onente: e""osi""o% apartent fro where a an@s cries were contin!o!s"y heard "ater$ Thefo""owing day% R!ben borrowed A"e Ei""ai"@s tricyc"e on the pretet that aneighbor was abo!t to gi(e birth and had to be r!shed to the hospita"$#owe(er% he was seen dri(ing the tricyc"e a"one with a sac) p"aced in thesidecar$ The sac) "oo)ed as if it contained a h!an body$ Then% an ho!r"ater% the tricyc"e was ret!rned with b"oodstains on the f"oor$ R!ben@sgir"friend was a"so seen sweeping what appeared to be b"ood at the entranceof their apartent$


24/48

estor de =oyo"a@s decapitated body was fo!nd in the ear"y orning of

o(eber 5% 1$ The deceased bore 3 stab wo!nds in the chest% 2 ofwhich were fata"% as we"" as s"ight b!rns a"" o(er the body$ The head wasfo!nd soe two feet away fro the corpse$ The RTC fo!nd R!ben and Roge"io% the brother of R!ben% g!i"ty of

!rder with the attendant circ!stances of e(ident preeditation% ab!se ofs!perior strength and cr!e"ty% and iposed !pon the the pena"ty of "ifeiprisonent$ -ss!es/#e"d:

.> the finding of e(ident preeditation% ab!se of s!perior strength

and cr!e"ty are tota""y !nwarranted + G? Ratio:

Appe""ant R!ben -"aoa c"aied that the sac) contained b!ntot ng p!sa%

a "oca" ter for ari,!ana% not a h!an body% which he de"i(ered to adesignated p"ace as a fa(or to his copadre% estor de =oyo"a$ -n addition% it

was (oit discharged by his drin)ing copanions that was being sweptc"ean by his gir"friend at the entrance of their apartent in the ear"yorning of o(eber 5% 1% not b"ood as the witnesses asse(erated$ The Co!rt fo!nd the (ersion of the prosec!tion ore pers!asi(e than

the defense$ The fact that appe""ant B!arre"ed with the deceased% thena!"ed and p!""ed hi to the apartent where the "atter was "ast seena"i(e% in addition to borrowing a tricyc"e which was fo!nd with b"oodstainswhen ret!rned% s!fficient"y point to R!ben as the c!"prit responsib"e for thecrie$ A"e Ei""ai"% the owner of the tricyc"e% had no reason to testify fa"se"yagainst hi$ The Co!rt% howe(er% he"d the appe""ant "iab"e on"y for hoicide%

not !rder% on the gro!nd that the B!a"ifying circ!stances in theinforation nae"y% ab!se of s!perior strength% cr!e"ty and e(identpreeditation were not s!fficient"y pro(ed to be appreciated against theappe""ant$ Ab!se of s!perior strength 7 cannot be considered beca!se there was

no e(idence whatsoe(er that appe""ant was physica""y s!perior to thedeceased and that the forer too) ad(antage of s!ch strength to o(ercoethe "atter@s resistance to cons!ate the offense$ Cr!e"ty 7 n!ber of wo!nds a"one is not the criterion for the

appreciation of cr!e"ty as an aggra(ating circ!stance$ either can it beinferred fro the ere fact that the (icti@s dead body was disebered$ (ident preeditation 7 no proof to show that )i""ing was the res!"t ofeditation% ca"c!"ation or reso"!tion of the part of the appe""ant$ >n thecontrary% the e(idence tends to show that the series of circ!stancesconstit!tes an !nbro)en chain of e(ents with no inter(a" of tie separatingthe fro ca"c!"ation and editation$


25/48

The Co!rt a"so fo!nd Roge"io >T g!i"ty of !rder$ The "ower co!rt

re"ied so"e"y on the testiony that Roge"io he"ped his brother drag estorinside R!ben@s apartent where the deceased was "ast seen a"i(e$ Towarrant a con(iction on the basis of circ!stantia" e(idence% three reB!isites!st conc!r:

1$ there !st be ore than one circ!stance 2$ the circ!stances fro which the inferences are deri(ed are pro(en

3$ the cobination of a"" the circ!stance is s!ch as to pro(e the g!i"t

of the acc!sed beyond reasonab"e do!bt

The said dragging a"one cannot be the basis of Roge"io@s con(iction$

Decision:

F!neraria 8"oria waiting for her bettor$ 1$ ?he saw soebody ta") to ibat who to"d ibat% &*are and!on

na$ ?ig!rad!hin o "ang na it!ba o na$' ibat then deonstrated how hewas going to perfor the act$

2$ After soe tie% she then saw ibat approach de" Rosario Utoo) a pointed ob,ect fro a noteboo)% then he stabbed (icti in the "eftchest twice$ ibat "eft b!t after hearing de" Rosario sho!t for he"p% heret!rned U stabbed hi again$ ibat ran away U A(i"a "eft too$ .itness F"orencio Castro testified that he saw ibat w/ others

inside the 8"oria 9eoria" #oes$ #e saw one of the open a noteboo)where a stain"ess )nife was inserted$ .itness Roge"io Rob"es testified that ibat freB!ented his p"ace

in ?apa"oc beca!se of Tonton 9ontero$ 9ontero is the president of?aahang -"ocano Fraternity% a frat ibat was part of$ 9ontero to"d Rob"es

abo!t a r!b"e in their schoo" wherein soebody died U that ibat@s gro!pp"anned to ta)e re(enge against de" Rosario$ #e )new de" Rosario by face Uhe f!rther testified that he )new ibat@s gro!p )ept t!so) U g!ns in hisho!se$


26/48

ibat c"aied that it was his o@s birthday on that day U

that he was at hoe d!ring that tie re(iewing for his fina" eas$ #e a"sotestified that he went to schoo" for his fina"s where he stayed !nti" :30 p$$#e denied a"" a""egations U he c"ais that he was ere"y ip"icated U hedidn@t )now anything abo!t the incident$

.itnesses 9arte ?oriano U =ino As!ncion ---% c"assates ofibat% corroborated his c"ais$ RTC fo!nd ibat g!i"ty beyond reasonab"e do!bt of crie of

!rder$ -??J? U RAT->:

1$ .> the prosec!tion witnesses are not credib"e$

>$ ?C respects tria" co!rt findings !n"ess there@s c"ear proof

that it was reached arbitrari"y or it o(er"oo)ed soe s!bstantia" facts/(a"!ethat ight affect res!"t$ Cinco@s fai"!re to sho!t for he"p U de"ay in reporting incident is

acceptab"e considering that she !st ha(e been scared herse"f$ -t doesn@taffect her credibi"ity if it is s!fficient"y reasoned o!t$ ot ipossib"e either forher to reeber detai"s of the incident$ ibat@s cap theoried that Cincoco!"d@(e not been ta)ing bets for the *A on the day of the incident w/c wasa .ed beca!se *A gaes were then he"d on T!es% Th!rs U ?at$ !t sheco!"d@(e done so to aiie profit$ esides% s!ch is iateria" in the case$ 2$ .> defense of a"ibi sho!"d be appreciated$

>$ For a"ibi to be appreciated% there !st be c"ear U

satisfactory proof that it was physica""y ipossib"e for acc!sed to be at thecrie scene at the tie of coission$

A"ibis of ibat that he was at hoe U then in schoo" at Are""anoJni(ersity$ These p"aces are act!a""y near the crie scene$ #e co!"d (erywe"" be present in the crie scene d!ring coission$ esides% this c"ai is!ns!bstantiated$ #e sho!"d ha(e presented a c"ass card or grading sheet topro(e that he did ta)e the ea$ *ositi(e identification of acc!sed by witnesses is gi(en ore

weight than the negati(e U se"f+ser(ing denia"s U a"ibis presented by ibat$ 3$ .> AC of e(ident preeditation sho!"d be appreciated$

G?$ ReB!isites: tie when offender deterined/concei(ed to

coit crie% act anifest"y indicating that c!"prit has c"!ng to hisdeterination% U s!fficient "apse of tie bet deterination U eec!tion toa""ow hi to ref"ect !pon conseB!ences of his act$ ssence: eec!tion of cri@" act is preceded by coo" tho!ght U

ref"ection !pon reso"!tion to carry o!t cri@" intent d!ring space of ties!fficient to arri(e at ca" ,!dgent$


27/48

.itnesses Rob"es U Cinco ha(e testified to pro(e that 3

reB!isites were et$ ibat tried to contest Rob"es@ testiony$ Rob"es testifiedthat he a""owed ibat@s gro!p to hide g!ns U t!so) in his ho!se$ ibat c"aisthat it was not "ogica" for soeone in his rt frae of ind to a""ow anybodyto do that$ !t Rob"es ep"ained that he was scared of ibat@s gro!p U he

wanted to protect his fai"y that@s why he a""owed the to do so$ esides%e(ident preeditation was c"ear"y pro(en by Cinco@s testiony$ ?he heardibat@s gro!p p"an the )i""ing at aro!nd 11:30 a$$ then they coittedcrie at aro!nd 1:30 a$$ Th!s% there was a s!fficient "apse of tie foribat to ref"ect U s!ch is proof that ibat c"!ng to his reso"!tion to )i"" de"Rosario$ *eop"e (s$ D!d!: one ho!r was considered a s!fficient

"apse of tie$ #=D: Affired$

People v. mpa&s8$R$ o$ 556

Date of *ro!"gation: 9ay 1% 13*onente: ar(asa C


28/48

Fro his "itt"e sisterIs roo% Fide"Is thirteen+year o"d son% *eter% saw

his father fighting for his "ife with Ro!a"do and Criso"ogo pacis$ #eedinghis fatherIs cry% K*eter% he"p eSK ?!portahe )o% *eterS;% *eter too) ho"d of aKpin!tiK a "ong bo"o;% and r!shed to his fatherIs defense$ #e str!c) o!t atCriso"ogo and inf"icted two wo!nds on hi% one at the right sho!"der% and the

other% in the nec)$ Ro!a"do and Criso"ogo ,!ped o!t of the ho!se andf"ed% with the so!nd of *eterIs defiant sho!t trai"ing the% KCoe bac)% ifyo! are bra(eSK

*eter then t!rned to his wo!nded father% b!t fo!nd hi a"ready dead

fro his in,!ries$ The post+ orte eaination cond!cted by Dr$ >cta(io>rti% R!ra" #ea"th *hysician% disc"osed fo!r ; stab wo!nds on thedeceased% a"" in the !pper bac)$ Two of these% which penetrated the "!ngsand heart% were fata"$

Criso"ogo pacis went to the c"inic of Dr$ !staB!io Deiparine at the

pob"acion for treatent of the wo!nds inf"icted on hi by *eter% arri(ing

there between 10 and 11 oIc"oc) that sae night$ The doctor fo!ndCriso"ogoIs Kso serio!sK as to reB!ire f!rther treatent% e(en after they hadbeen s!t!red$ Dr$ Deiparine as)ed Criso"ogo how he had coe by thesewo!nds$ Criso"ogo said that at aro!nd 6 to oIc"oc) that e(ening% near the*apan 9ar)et% he was assa!"ted witho!t warning by a yo!ng an% whoin,!red hi with a bo"o$

*o"ice officers cae to the c"inic the net day to inB!ire whether

anyone had needed treatent on the pre(io!s night% and Dr$ !staB!iore(ea"ed what happened$ They then arrested pacis$

=ower co!rt con(icted pacis and others of robbery with hoicide$

The Co!rt a"so fo!nd fo!r generic aggra(ating circ!stances: dwe""ing%nighttie% craft or fra!d and s!perior strength$

-ss!es/#e"d:

.> the tria" co!rt erred appreciating the aggra(ating circ!stance of

Craft or fra!d 7 >

ighttie and dwe""ing 7 >

?!perior strength 7 G?

Ratio:

The Co!rt agrees with the "ower co!rt that the aggra(ating

circ!stance of fra!d !st be appreciated$ pacis and Ro!a"dopretended to be bona fide c!stoers of the (ictiIs store and on his pretetgained entry into the "atterIs store and "ater% into another part of hisdwe""ing$ This Co!rt has he"d stratages and r!ses of this sort to constit!tethe aggra(ating circ!stance of fra!d or craft$


29/48

The Co!rt a"so agrees that nighttie was proper"y appreciated as an

aggra(ating circ!stance against the acc!sed$ To be s!re% nighttie is notper se aggra(ating$ -t !st be shown that noct!rnity was de"iberate"y andp!rpose"y so!ght to faci"itate% or that it act!a""y faci"itated% the coissionof the crie$ -n the case at bar% the "ateness of the ho!r no do!bt prec"!ded

the presence of other c!stoers who co!"d ha(e deterred the fe"ons% orcoe to the aid of the (icti$ A"" things considered% there is adeB!ateshowing that noct!rnity was de"iberate"y so!ght by the robbers and did inrea"ity faci"itate the perpetration of the fe"ony$ ?ince the crie was a"socoitted in the dwe""ing of the (icti% the aggra(ating circ!stance ofdwe""ing is eistent$

For the aggra(ating circ!stance of s!perior strength to be deeed

present in a case% it does not s!ffice to pro(e s!periority in n!ber on thepart of the a"efactorsH it !st appear that they p!rpose"y ep"oyedecessi(e force% force o!t of proportion to the eans of defense a(ai"ab"e to

the person attac)ed$ -n this case% the e(idence shows that pacis he"pedhis co+acc!sed by a"so stabbing the (ictiH he and his copanion too)ad(antage of their cobined strength and their b"aded weapons to o(ercoetheir !nared (icti and ass!re the s!ccess of their fe"onio!s design toa)e off with his oney$

Decision:

Decision affired$

People v. '!&as

8$R$ o$ =+5130+05


3 peop"e in(o"(ed in a cootion$ According the the% !tron stri)edAbrocio *a"apar twice on the bac) with a piece of wood$ *a"apar then ranand was chased by igcas who stabbed hi twice with a bo"o$ igcas hit hiagain on the right )nee% and when he fe""% !tron hit hi twice with a pieceof wood on the right ,aw and igcas stabbed hi se(era" ties$


30/48

!tron and igcas c"aied a different story$ According the the% they

were drin)ing at a store when Abrocio *a"apar arri(ed a"ready dr!n) anddran) t!ba with the$ *a"apar reB!ested for ore drin)s% b!t N!i""ano!tron ref!sed for he had no ore oney% and so *a"apar got angry andcha""enged hi to fight$ #e then grabbed the )nife fro the !tron@s waist

and cha""enged e(erybody to fight$ ?oeone reported this to the po"ice% and*onciano !tron responded and to"d *a"apar to go hoe ahead of !tronand igcas$ !tron then went hoe and "ater% igcas saw hi a"readywo!nded% after which he bro!ght hi to the hospita"$ According to !tron%he saw *a"apar standing in the idd"e of the road on his way hoe$ *a"aparthen s!dden"y stabbed hi with a bo"o% which he wrest"ed fro hi andthen stabbed *a"apar$

The acc!sed were fo!nd g!i"ty of !rder by the tria" co!rt% so they

fi"ed an appea" c"aiing se"f+ defense$-ss!es/#e"d:

1$ .> there was treachery 7 >2$ .> !tron acted in se"f+defense7 >3$ .> there was conspiracy 7 G?$ .> these aggra(atingcirc!stances sho!"d be appreciated:

a$ noct!rnity 7 >b$ ab!se of s!perior strength 7 >

Ratio:

1$ There is no e(idence that in the coission of the crie they

de"iberate"y adopted eans% ethods% or fors considered in "aw astreachero!s$

2$ The b!rden of proof is shifted to the acc!sed$ !tron !st show

that the reB!isites for se"f+defense were present$ *hysica" e(idence a"so be"ie

his c"ai$3$ There was conspiracy beca!se there were 2 eyewitnesses who

testified that hey acted in a concerted anner in )i""ing the (icti$Therefore% igcas is "iab"e as we""$

$ o for both:

The prosec!tion witness e(en testified that the oon was shining

bright"y eno!gh to see what was going on and recognie the assai"ants$oct!rnity neither faci"itated the coission of the crie nor was itp!rpose"y so!ght to afford ip!nity$

-t is not s!fficient that there be s!periority in n!ber or strengthH it is

necessary that the acc!sed !st ha(e cooperated and intended to !se orsec!re ad(antage fro s!ch s!perior strength testiony ins!fficient$ Theprosec!tion has fa""en short of proof that appe""ants had specifica""ycontri(ed or de"iberate"y intended to ta)e ad(antage of s!perior strength in apro,ected assa!"t against the (icti$ This sho!"d be pro(ed conc"!si(e"y$

Decision:


31/48

9odified$ 8!i"ty of hoicide not !rder% since treachery and ab!se of

s!perior strength cannot be !sed against the and neither can noct!rnity beappreciated; with itigating circ!stance of (o"!ntary s!rrender$

People v. Sa"!ala"!

8$R$ o$ =+321Date of *ro!"gation: A!g!st 30% 1 *onente: AB!ino% #is wife F"ora heard three s!ccessi(e shot coing so!th of the h!t$?he went o!tside the h!t$ Fro a distance of abo!t twenty+fi(e eters% shesaw fi(e en% each ared with a "ong firear% firing at her h!sband$ ?herecognied =a!reano ?anga"ang as one of the fi(e ared en$

Ricardo ?arno% F"ora@s brother% was inside his own nipa h!t$ #e was

drin)ing coffee when he heard se(era" shots$ #e cae o!t and saw hisbrother+in+"aw being shot by =a!reano ?anga"ang% "e!terio C!yo% *erinoCan!e"% -rineo Can!e" and Conrado 8ona"es$ #is sister F"ora was trying toapproach her h!sband b!t she had to f"ee to her h!t when ?anga"ang andhis copanions fired at her$ #e wanted to ,oin her b!t he was "i)ewise fired

!pon by the fi(e en$ ?o% he retired and too) ref!ge in his own h!t$The necropsy report shows that Corte s!stained twenty+three g!nshot

wo!nds on the different parts of the body% fo!rteen of which were entrance+wo!nds% and nine were eit+wo!nds$

The Co!rt of First -nstance of Ca(ite% Tagaytay City ranch% rendered a

,!dgent con(icting ?anga"ang of !rder$-ss!es/#e"d:.> there was treachery 7 G?

Ratio:The B!a"ifying circ!stance of treachery a"e(osia; was d!"y

estab"ished$ The (icti was shot whi"e he was gathering t!ba on top of acocon!t tree$ #e was !nared and defense"ess$ #e was not epecting to beassa!"ted$ #e did not gi(e any iediate pro(ocation$ The de"iberate%s!rprise attac) shows that ?anga"ang and his copanions ep"oyed a odeof eec!tion which ins!red the )i""ing witho!t any ris) to the arising froany defense which the (icti co!"d ha(e ade$

Decision:

The tria" co!rt correct"y iposed the pena"ty of rec"!sion perpet!a on

?anga"ang Arts$ 614 and 2% Re(ised *ena" Code;$


32/48

Finding no error in its ,!dgent% the sae is affired with costs

against the appe""ant$

People v. Sa" Pe#ro

8$R$ o$ =+2


heorrhage d!e to 23 "acerated and stab wo!nds and !"tip"e abrasionsfo!nd on the different parts of the body$

days prior to the date of crie% =!isito% Arteio% and others p"anned

to stea" the ,eep of the (icti$ They then rented Ri(eraIs ,eep to ha!"

cocon!ts with hi as dri(er;% where they proceeded to rgy$ *!yp!y in ay%=ag!na$ They were ,oined by ?a"(ador =itan and Rodrigo sg!erra$ Atsg!erraIs signa"% =itan hit Ri(era at the nape with a water pipe$ Ri(era,!ped o!t of the ,eep b!t was chased by ?an *edro and =itan who stabbedhi at the bac) se(era" ties with a dagger$

sg!erra then dro(e the ,eep and the gro!p proceeded to 9a)ati%

Ria"% where he was ,oined by e"son *iso and Antonio or,a$ The ,eep wasso"d for *hp 2%000$00 at Ca(ite$ *iso then went to =os aPos after daysand ga(e ?an *edro% =itan and anasihan *hp 50$00 each$

>n the aggra(ating circ!stance of &Craft' can be

,oined as one with &Treachery'$ + > .> the aggra(ating circ!stancesco!"d be offset by the itigating circ!stance of &=ac) of -nstr!ction'$ + >

Ratio:

&Treachery' is when the (icti did not ha(e any chance to defend

hise"f at the tie of the crie% whi"e &Craft' is inte""ect!a" tric)ery to "!rethe (icti$ There was treachery beca!se the criina"s attac)ed the (icti ins!rprise and he was !nared$ There was craft beca!se the criina"s tric)edthe (icti to bring the and the ,eep; to a sec"!ded area$ Therefore thesetwo aggra(ating circ!stances are separate for this case and cannot becobined into one$


33/48

.ith the presence of two aggra(ating circ!stances% the sing"e

itigating circ!stance of "ac) of instr!ction wi"" not a)e any difference$esides% the itigating circ!stance of &"ac) of instr!ction' cannot beconsidered beca!se e(en if Arteio c"ais that he cannot read and write% hecan sti"" coit the crie beca!se he does not "ac) inte""igence pro(en a"so

by his answering of B!estions d!ring the tria";$Decision:=ower Co!rt ,!dgent is affired$

>pinions:

Conc!r ?eparate;: AB!ino%


34/48

#=D: Appe""ant Casti""o is g!i"ty of !rder for the death of Antonio

Doetita$ The a""egation of bias U pre,!dice isn@t we""+ta)en$ -t is a ,!dge@sprerogati(e U d!ty to as) c"arificatory B!estion to ferret o!t the tr!th$ Thepropriety of a ,!dge@s B!eries is deterined not necessari"y by their B!antityb!t by their B!a"ity U in any e(ent% by the test of whether the defendant was

pre,!diced by s!ch B!estioning$ The prosec!tion was !nab"e to pro(e the aggr circ!stance of e(ident

preeditation$ #owe(er% ?C he"d that the )i""ing was not B!a"ified by ab!seof s!perior strength% contrary to TC@s r!"ing$ The prosec!tion did notdeonstrate that there was a ar)ed difference in the stat!re and b!i"d ofthe (icti and the appe""ant w/c wo!"d ha(e prec"!ded an appropriatedefense fro the (icti$ #owe(er% the )i""ing was B!a"ified by treachery$ Treachery is

coitted when 2 conditions conc!r: 1; eans% ethods and fors ofeec!tion ep"oyed "eft the person attac)ed no opport!nity to defend

hise"f or to reta"iate% and 2; that s!ch eans% ethods% and fors ofeec!tion were de"iberate"y and conscio!s"y adopted by the acc!sed w/odanger to his person$ These reB!isites were e(ident"y present when theacc!sed appeared fro nowhere and swift"y and !nepected"y stabbed the(icti ,!st as he was bidding goodbye to his friend$ The action rendered itdiffic!"t for the (icti to defend hise"f$ The presence of &defense wo!nds'does not negate treachery beca!se the first stab% fata" as it was% wasinf"icted on the chest and hence% rendered Tony defense"ess$ Appea" denied% assai"ed decision affired$ Award of indenity to the

heirs of Casti""o in the ao!nt of *h*50M$

P/PL v. S+/(

robbery wit hoicide is c"assified as a crie against property$

e(erthe"ess% treachery is a generic aggra(ating circ!stance in said crieif the (icti of hoicide is )i""ed treachero!s"y;


35/48

Facts: At past idnight% Rodo"fo Cacatian reg!"ar dri(er of Fi(e ?tar

passenger b!s% hereinafter referred as the dri(er; dro(e the b!s fro *asayCity to *angasinan$ ?i additiona" passengers boarded the b!s in a"intawa)%inc"!ding Ac!yan and scote% who he"d !p the b!s they had handg!ns; asthey were passing !"acan$ oth fired their g!ns !pward and accosted the

passengers% di(esting the of their oney and (a"!ab"es$ Apparent"y% ?*>19anio was aboard the b!s$ .hen the fe"ons went to hi and as)ed for hiswa""et and -D$ .hen they fo!nd o!t his was a po"ice officer and saw hisser(ice g!n% they said: &*asensya )a na *are% papatayin )a nain% bari" orinangpapataysayo$' The po"ice officer p"eaded for ercy: &*are aawa )asa a)in$ 9ay pai"yaa)o$' !t the two ignored his p"ea and shot hi on theo!th% right ear% chest and rights side of the body$ 9anio s!stained sientrance wo!nds$ The b!s dri(er was ordered to aintain the speed of theb!s$ #e heard one of the say &8anyan"angangp!atayngtao$*arangp!apatayngano)$' The other said% &Ayosnanaantayo pare$

9a"a)i+"a)iito$' They a"ighted fro the b!s and instr!cted the dri(er not toreport the incident a"" in a""% robbery was o(er in 25 int!es;$at!ra""y% the dri(er and cond!ctor reported the incident to po"ice$

are"y a onth after at abo!t idnight% a tea of po"iceen were at achec)point a"ong the nationa" highway in Tar"ac$ A white tai cab witho!t ap"ate was stopped and as)ed the dri(er% who was scote% for his -D$ scotesaid he was a po"icean and handed o(er the -D of ?*>1 9anio and theoney they had ta)en fro the heist$ The po"ice becae s!spicio!s beca!sethe -D had a"ready epired$ #e as)ed scote if the "atter had a new pays"ip$.hen scote co!"d not prod!ce any% he fina""y confessed he was notpo"icean and was bro!ght to the station$ #e was fris)ed and they fo!nd

fi(e b!""ets of a in his poc)et$ D!ring in(estigation% scote adittedthat he and Ac!yan staged the robbery on the b!s and )i""ed 9anio$ The RTCfo!nd both of the g!i"ty for the crie of robbery with hoicide and wassentenced to death$

They are now before the ?C% appea"ing aong others% the propriety of

the both the con(iction and the pena"ty$ The highest pena"ty is eted o!t ifthere is an aggra(ating circ!stance$

-ss!es:-s the aggra(ating circ!stance of treachery present + G?

!t how can that be Treachery is considered in cries against persons andin this case% robbery with hoicide is a crie against property$ 7 see

disc!ssion be"ow;>T on the antic"iactic decision: the ?C said treachery cannot be

considered against the two beca!se it was not a""eged in the -nforation$yar)$;

Ratio:8enera" Disc!ssion on the Crie of Robbery with #oicide


36/48

To warrant the con(iction of robbery with (io"ence against or

intiidation of persons !nder Art$ 2% the prosec!tion was ab"e to pro(ethe fo""owing e"eents: 1; ta)ing of persona" property with the !se of(io"ence or intiidation against a personH 2; property ta)en be"onged toanotherH 3; the ta)ing is characteried by intent to gain or ani!s "!crandi%

and ; on the occasion of the robbery or by reason thereof% the crie ofhoicide was coitted$

The intent to rob !st precede the ta)ing of h!an "ife$ -n robbery

with hoicide% so "ong as the intention of the fe"ons was to rob% the )i""ingay occ!r before% d!ring or after the robbery$ (en if the (icti of robberyis other than the (icti of the hoicide% there is on"y one sing"e andindi(isib"e fe"ony of robbery with hoicide$ A"" the cries coitted on theoccasion or by reason of the robbery are erged and integrated into a sing"eand indi(isib"e fe"ony$ A"" those who too) part as principa"s in the robbery wi""a"so be he"d g!i"ty as principa"s of robbery with hoicide a"tho!gh they did

not ta)e part in the hoicide% !n"ess it appears they endea(ored to pre(entit$The *ena"ty of the RTC: Death ip"ied"y ta)ing into acco!nt

treachery;Jnder Art$ 63% par$1% the fe"ons sha"" be eted o!t the s!pree

pena"ty of death when the crie is coitted with an aggra(atingcirc!stance absent any itigating$ The RTC did not specify any aggra(atingcirc!stance in its decision$ #owe(er% it is e(ident fro the facts containedin the body of the decision that it iposed the death pena"ty on its findingthat they shot 9anio treachero!s"y$ -ts e"eents were present: 1; at thetie of the attac)% the (icti was not in a position to defend hise"f% and 2;the acc!sed conscio!s"y and de"iberate"y adopted the partic!"ar eans%ethods or fors of attac) ep"oyed by hi$ The essence of treachery isthe s!dden and !nepected attac) by an aggressor on the !ns!specting(icti% depri(ing the "atter of any chance to defend hise"f and therebyens!ring its coission witho!t ris) to the aggressor$ Treachery ay a"so beappreciated e(en if the (icti was warned of the danger to his "ife where hewas defense"ess and !nab"e to f"ee at the tie of the inf"iction of the co!p degrace$ -n this case% the (icti was shot when he was defense"ess% p"eadingfor his "ife% and at short range$ This )i""ing is a gri eap"e of the !tterinh!anity of an to his fe""owen$

Treachery as an Aggra(ating Circ!stance: =ega" asis


37/48

The ?C has r!"ed o(er the years that treachery is a generic

aggra(ating circ!stance in the fe"ony of robbery with hoicide% a specia"cop"e crie and at the sae tie a sing"e and indi(isib"e offense$#owe(er% in two cases% the ?C has he"d that robbery with hoicide is a crieagainst property$ Treachery is appreciated on"y in cries against persons

and hence% sho!"d not be appreciated as a generic aggra(atingcirc!stance$ -t he"d in another case that it is not appreciated in robberywith rape precise"y beca!se it is a crie against property$ These r!"ing findss!pport in case "aw that in robbery with hoicide and rape% the "atter areere"y incidents of the robbery with robbery being the ain p!rpose andob,ect of the criina"$ !t the ?C r!"ed otherwise in the "ater case of *eop"e($ Cando when it r!"ed that treachery is a generic aggra(ating circ!stancein robbery with hoicide when the (icti of hoicide is )i""ed withtreachery$ The ?C opted not to app"y its ear"ier r!"ings that sae year i$e$in *eop"e ($ ariB!it;$

Criina" "aw coentators are not in agreeent as we""$ AB!ino andReyes said it on"y app"ies to cries against persons$ !t Rega"ado says thatit can be appreciated insofar as the )i""ing is concerned$

T!rning to ?panish Constr!ction-t !st be reca""ed that the 150 *ena"

Code of ?pain% aended by *ena" Refor Code of 10% was app"ied in the*hi"ippines$ The *ena" Code of 1 in the *hi"ippines was aended by Act315 R*C;% which was enacted and p!b"ished in ?panish$ -n constr!ing the>"d and Re(ised *ena" Code% the ?C had accorded respect and pers!asi(e% ifnot conc"!si(e% effect of the decision of the ?C of ?pain in constr!ing the150 *ena" Code$

Art$ 1% par$ 16 on treachery is a reprod!ction of the 150 *ena" Code

of ?pain with a s"ight difference$ -n the "atter "aw% the words &the persons'are !sed whereas in the R*C% the words &the person' are !sed$ 8oing by the"etter of the "aw% treachery is app"icab"e on"y to cries against persons asen!erated in Tit"e ight Chapts$ 1 and 2;% oo) -- of the R*C$ #owe(er%the ?C of ?pain has consistent"y app"ied treachery to robbery with hoicide%c"assified as a crie against property$ The ratio behind it is when robbery isco!p"ed with cries against persons% the crie is not on"y an assa!"t of theproperty b!t a"so of the (ictis these"(es$ Treachery is not a B!a"ifyingcirc!stance beca!se the ?C of ?pain said that the word &hoicide' is !sedin its broadest and ost generic sense$


38/48

Treachery is not an e"eent of robbery with hoicide$ either is it a

crie specia""y p!nishab"e by "aw nor is it inc"!ded by the "aw in defining thecrie of robbery with hoicide and prescribing the pena"ty$ -t is neitherinherent in the said crie$ #ence% it sho!"d be considered as a genericaggra(ating circ!stance for the iposition of the proper pena"ty$ -n

app"ying this% the "aw "oo)s at the constit!ent crie of hoicide which is acrie against persons and not at the constit!ent crie of robbery which is acrie against property$ The crie of robbery with hoicide does not "ose itsc"assification as a crie against property or as a specia" cop"e and sing"eand indi(isib"e crie sip"y beca!se treachery is app"ied$ Treachery on"yincreased the pena"ty in accordance with Art$ 63$

?C@s R!"ing on the *ena"ty

Despite the foregoing% treachery cannot be appreciated in this case

beca!se it was not a""eged in the -nforation% as andated by ?ec$ % R!"e110 of the Re(ised R!"es on Criina" *roced!re$ #ence% rec"!sion perpet!a

on"y$

People v llo"e%

P/PL / ( P-L-PP-NS vs. N-+/LAS G)AN

G.R. No. 16246 Ja"uar 26, 2007


39/48

FACT?: After attending a worship ser(ice at the -g"esia ni Mristo ch!rch

in his barangay% 9ichae" proceeded hoe$ .hi"e 9ichae" was cas!a""ywa")ing a"ong the corner of ?to$ ino ?treet and 9actan ?treet% appe""antand his two copanions% who were drin)ing nearby% s!dden"y approachedand s!rro!nded 9ichae"$ Appe""ant positioned hise"f at the bac) of 9ichae"

whi"e his two copanions stood in front of 9ichae"$ -n an instant% theygrabbed the sho!"ders of 9ichae" and o(erpowered the "atter$ >ne of theappe""antIs copanions% who the prosec!tion witnesses described as aa"e with "ong hair% drew o!t a )nife and repeated"y stabbed 9ichae" on thestoach$ Jnsatisfied% the appe""antIs other copanion% who theprosec!tion witnesses described as a a"e with f"at top hair% too) the )nifeand stabbed 9ichae" on the stoach$ As the fina"e% appe""ant went in front of9ichae"% too) the )nife and a"so stabbed 9ichae" on the stoach$ .hen9ichae" fe"" on the gro!nd% appe""ant )ic)ed hi at the body$ Jpon noticingthat the b"oodied 9ichae" was no "onger o(ing% appe""ant and his two

copanions f"ed the scene$ The appe""ant was con(icted by the tria" co!rtwith the crie of !rder$ >n appea"% appe""ant contends that e(en if he werehe"d "iab"e for the death of 9ichae"% there was no treachery which wi"" B!a"ifythe )i""ing as !rder$ According to hi% there is no e(idence to show thatappe""ant and his two copanions had de"iberate"y and conscio!s"y adoptedtheir ode of attac) to ens!re its eec!tion witho!t ris) to these"(es$ Thestabbing incident occ!rred in a p"ace that was proper"y "ighted$ There wereany peop"e in the area then wa")ing in different directions$ #e c"ais thatif he and his two copanions wanted to ens!re that no ris) wo!"d coe tothe% then they co!"d ha(e chosen another tie and p"ace to attac)9ichae"$

-??J: Can treachery be proper"y appreciated in the instant case

#=D: Ges$ Treachery is a s!dden and !nepected attac) !nder the

circ!stances that renders the (icti !nab"e and !nprepared to defendhise"f by reason of the s!ddenness and se(erity of the attac)$ -t is anaggra(ating circ!stance that B!a"ifies the )i""ing of a person to !rder$Artic"e 1% paragraph 16; of the Re(ised *ena" Code states the concept andessentia" e"eents of treachery as an aggra(ating circ!stance$ There istreachery when the offender coits any of the cries against the person%

ep"oying eans% ethods% or fors in the eec!tion thereof which tenddirect"y and specia""y to ins!re its eec!tion% witho!t ris) to hise"f arisingfro the defense which the offended party ight a)e$


40/48

As can be g"eaned fro the foregoing% two essentia"

e"eents/conditions are reB!ired in order that treachery ay beappreciated: 1; The ep"oyent of eans% ethods or anner ofeec!tion that wo!"d ens!re the offenderIs safety fro any reta"iatory act onthe part of the offended party% who has% th!s no opport!nity for se"f+defense

or reta"iationH 2; de"iberate or conscio!s choice of eans% ethods oranner of eec!tion$ F!rther% it !st a"ways be a""eged in the inforationand pro(ed in tria" in order that it ay be (a"id"y considered$

-n the instant case% treachery was a""eged in the -nforation against

appe""ant$ 9oreo(er% a"" the essentia" e"eents/conditions of treachery wereestab"ished and pro(en d!ring the tria"$ The s!ddenness and !nepectednessof the attac) of appe""ant and his two copanions rendered 9ichae"defense"ess% (!"nerab"e and witho!t eans of escape$ -t appears that9ichae" was !nared and a"one at the tie of the attac)$ F!rther% he was

ere"y se(enteen years of age then$ -n s!ch a he"p"ess sit!ation% it wasabso"!te"y ipossib"e for 9ichae" to escape or to defend hise"f against theassa!"t of appe""ant and his two copanions$ eing yo!ng and wea)% 9ichae"is certain"y no atch against ad!"t persons "i)e appe""ant and his twocopanions$ 9ichae" was a"so o!tn!bered since he had three assai"antsand was !nared when he was stabbed to death$ Appe""ant and his twocopanions too) ad(antage of their sie% n!ber% and weapon in )i""ing9ichae"$ They a"so de"iberate"y adopted eans and ethods in eacting thecr!e" death of 9ichae" by first s!rro!nding hi% then grabbing his sho!"dersand o(erpowering hi$ Afterwards% each of the repeated"y stabbed 9ichae"with a )nife at the stoach !nti" the "atter fe"" "ife"ess to the gro!nd$ The

stab wo!nds s!stained by 9ichae" pro(ed to be fata" as they se(ere"ydaaged the "atterIs "arge intestine$

The fact that the p"ace where the incident occ!rred was "ighted and

any peop"e were wa")ing then in different directions does not negatetreachery$ -t sho!"d be ade c"ear that the essence of treachery is thes!dden and !nepected attac) on an !ns!specting (icti witho!t thes"ightest pro(ocation on his part$ This is e(en ore tr!e if the assai"ant is anad!"t and the (icti is a inor$ 9inor chi"dren% who by reason of their tenderyears% cannot be epected to p!t !p a defense$ Th!s% when an ad!"t person

i""ega""y attac)s a inor% treachery eists$

People v. (orreel

o$ 65+R

Date of *ro!"gation: o(eber 2% 1*onente: =abrador% reo


41/48

Facts:The ff facts are !ndisp!ted: Deceber 1% 12% 5:00 p$$

Torrefie" and >reo were on their way to the J??AF headB!arters in

the o!ntains$ They passed by ady@s residence and ta")ed to hi% who wasat the ba"cony to as) for )ha)i c"othes$ ady rep"ied that he had none eceptwhat he had on$ Ceferina Cordero cae to the ba"cony and inB!ired abo!t

their ission$ ?he then sco"ded Torrefie" and >reo beca!se a"" theirbe"ongings ha(e been "ooted by J??AF so"diers$ Torrefie" threatened herwith s"apping and bro!ght o!t his re(o"(er$ ady interfered and both #e andCordero were charged by the 2 so"diers with being fifth co"!nists as theyref!sed to gi(e aid to the$ ?!bseB!ent"y% they were ta)en to the J??AFheadB!arters$

Torrefie" too) charge of ady and >reo too) charge of Cordero$ Their

hands were free b!t were b"indfo"ded$ Cordero ca""ed to ady e(ery now andthen to )now if he was fo""owing$ After a whi"e adydid not respond anyoreso they stopped to wait for the$ Torrefie" had ta)en the wrong way so he

went bac) to a g!ardho!se and "eft ady there$ #e tried to find a way too(erta)e >reo and Corderob!t was !ns!ccessf!"$ At the g!ardho!se% hedisco(ers ady had escaped$ Torrefie" fo""owed a different ro!te enab"ing hito find >reo and Cordero$ >reo r!shed bac) to the g!ardho!se !pondisco(ering that ady had escapedH Cordero was "eft with Torrefie"$

Thereafter% the so"diers desisted fro bringing Cordero to their

headB!arters and ret!rned her to their ho!se$ A ser(ant infored Corderothat ady had gone away$ Jpon adyQs ret!rn% Cordero infored hi thatshe was ab!sed by Torrefie"$

Ceferina Cordero@s testiony:

As Cordero was abo!t to !rinate% Torrefie" p!shed her and carried her

to a "og and "aid her on it and raped her$ Torrefie" began to !nb!tton hispants and wo!nd cogon "ea(es aro!nd his genita"s$ -t was (isib"e to Corderoas her b"indfo"d had fa""en down a "itt"e$ *ressing her nec) so she wo!"dreain si"ent% Torrefie" proceeded to ha(e interco!rse with her$ >reo% !ponret!rning% too) ad(antage of Cordero@s not being ab"e to stand !piediate"y% a"so had se with her$

oth appe""ants are fo!nd g!i"ty by the CF- of rape with the

aggra(ating circ!stance that the crie was perpet!ated at night$ Assai"ingCordero@s testiony% Torrefie" contends that it is inconsistent% contradictoryand high"y iprobab"e and incredib"e$

-ss!es/#e"d:.> Ceferina@s testiony% as a cop"aining witness% is credib"e

Ratio:

The co!rt sees no incongr!ity between the affida(it and testiony of

cop"ainants$ The testiony s!fficient"y pro(es Torrefie"Qs g!i"t$Cordero recognied Torrefie" by his (oice e(en tho!gh she was

b"indfo"ded$


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They ta")ed when they were in the ho!se before Cordero and ady

were ta)en away by the appe""ants$ #er b"indfo"d had fa""en down a "itt"e

Cordero@s !se of &pants' and s!bseB!ent"y% &o(era""' in describing what

the offending party was wearing erit no inconsistency oth for en and woen% an o(era"" is a pair of pants w/ the

addition of a breast co(ering and sho!"der straps ?he heard the noise prod!ced as Torrefie" p!t down his pants

ertion of force or (io"ence is ip"ied in the ter &rape'$*!shing down

the (icti pro(es force$ A"tho!gh for >reo% !se of force ay sti"" bedo!bted$ Cordero was not hosti"e towards hi after crie$

As to the aggra(ating circ!stances attending the coission of the

crie:ight tie 7 >$ ot considered$ The eeting of the appe""ant w/ the

(icti was entire"y !nepected and started ear"y in the afternoon$#a(ing

de"iberate"y a!gented by ca!sing other wrong not necessary for itscoissions 7 G?$ The desire to rape was fored s!dden"y when theopport!nity presented itse"f$ A"so% the anner by which the offending partywo!nd his genita" organ w/ cogon grass thereby a!genting the wrong doneby increasing its pain and by adding ignoiny thereto$

Decision:

otes:Art 1$ Aggra(ating circ!stances$ L The fo""owing are

aggra(ating circ!stances:21$ That the wrong done in the coission of the crie be

de"iberate"y a!gented by ca!sing other wrong not necessary for itscoissions$

People v. Jose

8$R$ o$ =+2232

Date of *ro!"gation: Febr!ary 6% 11*onente: *er C!ria*etition:

Appea" fro and a!toatic re(iew of a decision of the Co!rt of First -nstanceof Ria" *etitioners: *eop"e of the *hi"ippinesRespondents:


43/48

At the hote"% they ade her disrobe and forced her to t!rn aro!nd

twice or thrice and ehibit herse"f for aro!nd 10 in!tes$ They then hadcarna" )now"edge with her in t!rns% and in her str!gg"es they hit her ondifferent parts of the body$ .hen she went into shoc)% they po!red water onher face and s"apped her se(era" ties% saying that they had to re(i(e her so

that she wo!"d )now what was happening$ A"" the whi"e when each an wasstr!gg"ing with her% the other three were ,!st o!tside the roo% threateningthe cop"ainant and te""ing her to gi(e in$

They "ater re"eased her after a)ing her c"ean herse"f !p% and

threatened her so that she wo!"d not report it$ ?he "ater reported theatter$ The TC fo!nd the g!i"ty of forcib"e abd!ction with rape$ >ne of theappe""ants ade a contention abo!t reB!iring his presence at tria" d!e to thecrie charged being a capita" offense and the citation of aggra(atingcirc!stances$

-ss!es/#e"d:.> ignoiny was present in the instant case 7 G?

Ratio:?ince the pena"ty for forcib"e rape with abd!ction is a"ready death% it@s

!nnecessary to eaine the aggra(ating circ!stances% b!t the Co!rt sti""disc!ssed the for the sa)e of perspecti(e and deterination of properpena"ty in the other three@s cries of sip"e rape$ Aong the wasignoiny$

-gnoiny was appreciated since they forced the cop"ainant to ehibit

her cop"ete na)edness to the for abo!t ten in!tes before raping her$ -tbro!ght abo!t a circ!stance which tended to a)e the crie@s effects e(enore h!i"iating$

Decision:

A!toatic Re(iew of the ,!dgent of CF- of Oaba"es *"aintiff+appe""ee:*eop"e of the *hi"ippines Acc!sed+appe""ant: 9ichae" !t"er


44/48

Facts:>n A!g!st % 15% at abo!t 10:30 p% acc!sed+appe""ant

9ichae" !t"er and the (icti% nriB!ita A"ipo a"ias 8ina arrios weretogether at Co"onia" Resta!rant in >"ongapo City$ They were seen togetherby =i"ia *a% and entertainer and friend of the (icti% who c"aied to ha(ehad a sa"" con(ersation with the acc!sed% and by one Rosearie

a"so a friend of the (icti$ At abo!t 1:00 of the sae e(ening% the acc!sedand the (icti "eft the said resta!rant% after the "atter in(ited Rosearie

e"ita *asco% the ho!seaid of the (icti% testified that% at abo!t

11:30 p$$ or so of A!g!st % 15% her istress 8ina arrios; cae hoewith the acc!sed+appe""ant$ As soon as she opened the door for the% the(icti and acc!sed+appe""ant iediate"y entered the (ictiIs bedroo$?hort"y thereafter% the (icti "eft her bedroo ho"ding an -d card and a pieceof paper% and on the piece of paper% the (icti p!rported"y wrote thefo""owing words: 9-C#A= CM$ ?aid

words were copied fro the -D Card$*asco testified that the (icti said she was copying the nae of the

acc!sed beca!se she )new he wo!"d not be going bac) to her$ Then sher!shed bac) to her bedroo after instr!cting *asco to wa)e her !p thefo""owing orning$ efore retiring% howe(er% the (ictiIs friend% Rosearie

The fo""owing day% at abo!t :00 a$$% *asco rose to wa)e her istress

as instr!cted$ ?he )noc)ed at the door$ ?he fo!nd that the (icti was "yingon her bed% facing downward% na)ed !p to the waist% with "egs spread apart%with a bro)en fig!rine beside her head$ -ediate"y% *asco ca""ed the"and"ord and they ca""ed the a!thorities$

The a!thorities proceeded to in(estigate and B!estion the acc!sed

!t"er$ Jpon interrogation% he aditted being with the (icti the nightbefore% and ha(ing interco!rse with her$ According to hi% he did not rea""y)now the gir"$ #e ,!st et her that afternoon in the tai"or shop$ After theyta")ed% they went to her ho!se and the gir" as)ed for oney$ #e ga(e hi 2pesos and then he went to s"eep$ ar"y in the orning% when he wo)e !p%they again had interco!rse$ After that% he decided to go bac) to the base$#owe(er% when he was dressing% he fo!nd that his watch was gone as we""as a *5 note$ #e as)ed the gir"% and she rep"ied that the watch was in the

other gir" in the net roo;$ They then fo!ght and wrest"ed% and !t"er!sed a fig!rine to hit the head of the gir"$ #e then went to the other roo%got the watch% and "eft$

!t"er was charged with the crie of !rder B!a"ified by the

aggra(ating circ!stances of treachery% and scoffing at the corpse of thedecease$


45/48

According to the "ower co!rt% there was an aggra(ating circ!stance

of treachery beca!se according to Dr Roas% who eained the body of the(icti% ana" interco!rse was had after her death as indicated by the part"yopened an!s and the presence of speratooa in it$ #e testified that thean!s wo!"d ha(e a!toatica""y and cop"ete"y c"osed had the interco!rse

occ!rred whi"e the (icti was sti"" a"i(e$-ss!es/#e"d:

.> there is a itigating circ!stance of ignoiny scoffing at the

corpse; 7 G?.> the tria" co!rt erred in gi(ing f!"" credence to the testiony of

the witnesses 7 >.> the tria" co!rt erred in aditting the e(idence the a""eged

etra,!dicia" adission of the acc!sed and aditting it against hi 7 >.> the tria" co!rt erred in denying the acc!sed the benefits of ?ec

12 of *D 603 before its aendent by *D 11 7 >

.> the tria" co!rt erred in finding the acc!sed g!i"ty of the crie of!rder B!a"ified by s!perior strength 7 G?

.> treachery was present 7 >

Ratio:

There is an aggra(ating circ!stance of ignoiny since it was

estab"ished that !t"er oc)ed or o!traged at the person or corpse of his(icti by ha(ing an ana" interco!rse with her after she was a"ready dead$The fact that the !sc"es of the an!s did not c"ose and a"so the presence ofsperatooa in the ana" region as testified to by Dr$ Ange"es Roas% theedico+"ega" officer% and confired to be positi(e in the =aboratory Report%

c"ear"y estab"ished the coit!s after death$ This act of the acc!sed in ha(ingana" interco!rse with the woan after )i""ing her is% !ndo!bted"y% an o!trageat her corpse$ -t is tr!e as aintained by the defense that the aggra(atingcirc!stance of o!traging at the corpse of the (icti is not a""eged in theinforation and that the "ower co!rt fo!nd it had been pro(ed b!t itscontention that the said aggra(ating circ!stance sho!"d not ha(e beenappreciated against the acc!sed is witho!t erit$ And this is so beca!se ther!"e is that a generic aggra(ating circ!stance not a""eged in the inforationay be pro(en d!ring the tria" o(er the ob,ection of the defense and ay beappreciated in iposing the pena"ty$

The Co!rt r!"ed that the "ower co!rt did not err in gi(ing credence to

the testiony of the 3 prosec!tion witnesses$ They positi(e"y saw !t"er andthe (icti together on the day before the crie$

The etra,!dicia" adission was obtained fro the acc!sed thro!gh

"ega" eans$ The protoco" and proced!re were proper"y obser(ed by thein(estigators$ !t"er was infored of his constit!tiona" rights$


46/48

The acc!sed was 1 years o"d at the tie of the crie$ #owe(er% he

dec"ared that he was 1 years of age as e(idenced by the certification iss!edby Eice Cons!" Ano"in of the Cons!" 8enera" of the *hi"ippines in ew Gor)$The acc!sed did not a)e anyserio!s effort to in(o)e *D 603 and f!rther%since the acc!sed was fo!nd g!i"ty of a capita" offense% the s!spension of

sentence and coitent of the acc!sed to c!stody of any instit!tionrecoended by Dep@t of ?ocia" .e"fare cannot be carried o!t$

There was an ab!se of s!perior strength attending the coission of

the crie$ -t is not on"y the notorio!s ad(antage of height that the acc!sedhad o(er his hap"ess (icti% he being 6 feet ta"" and weighing 155 "bs$ whi"ethe gir" was on"y ft 11 inches ta""% b!t a"so fits strength which he wie"ded instri)ing her with the fig!rine on the head and in sho(ing her head andpressing her o!th and nose against the bed attress% which press!re !stha(e been (ery strong and powerf!" to s!ffocate her to death and witho!tris) to hise"f in any anner or ode whatsoe(er that she ay ha(e ta)en

to defend herse"f or reta"iate since she was a"ready str!c) and he"p"ess onthe bed% that con(inced !s to find and r!"e that the crie coitted is!rder with the B!a"ifying circ!stance of ab!se of s!perior strength$

The e(idence on record is not s!fficient to show c"ear"y and pro(e

distinct"y that treachery attended the coission of the crie since therewas no eyewitness acco!nt of the )i""ing$ The etra+,!dicia" confession of theacc!sed ere"y stated% th!s: K- tho!ght she was going to do soethingdangero!s to e so - grabbed her% and we started wrest"ing on the bed$ ?hegrabbed e by the throat and - pic)ed !p a stat!e of


47/48

#e had interco!rse with her fi(e ties$ 1st% issionary position$ 2nd%

standing !p$ 3rd% issionary$ th% doggy+sty"e &he bent her bodydownwards with her hands and )nees resting on the gro!nd .hen the "atterwas a"ready in this position% appe""ant then p"aced hise"f behind her%inserted his penis into her (agina and eec!ted a p!sh and p!"" o(eent in

the dogIs way of se!a" interco!rse$'; 5th% issionary$-ss!e: -s rape (ia doggy+sty"e an aggra(ating circ!stance

ignoiny;?C: Ges$The Co!rt he"d that there was ignoiny beca!se the appe""ant

!sed not on"y the issionary position% i$e$ a"e s!perior fea"e inferior% b!ta"so KThe sae position as dogs doK i$e$% entry fro behind$ The appe""antc"ais there was no ignoiny beca!se KThe st!dies of any eperts in theatter ha(e shown that this IpositionI is not no(e" and has repeated"y andoften been resorted to by co!p"es in the act of cop!"ation$ This ay we"" beif the se!a" act is perfored by consenting partners b!t not otherwise$

>ther aggra(ating circ!stances at iss!e:Jninhabited p"ace 7 yes$ Theacc!sed dragged the offended party% at the point of a dagger% to the carabaotrai"% abo!t 10 eters fro the ,!nction% b!t 0 to 50 eters be"ow to betterattain his p!rpose witho!t interference% and to better sec!re hise"f frodetection and p!nishent$ (en the ,!nction where the two chi"dren were"eft is a"ready 00 eters fro the nearest ho!se$ .hi"e there aybeoccasiona" passersby% this does not destroy its being an !ninhabited p"ace$

?!perior strength 7 o$ A"ready absorbed in rape$ oct!rnity 7 o$ no

e(idence that it was so!ght to faci"itate the crie$Ran) 7 o$ o de"iberateintent to offend the ran)$

People v. Sulta"

Facts: At aro!nd nine in the e(ening%

passing a dar) a""ey% howe(er% she was accosted by an assai"ant by thenae of ?!"tan; who anno!nced that it was a &ho"d !p' and forced her tocoe hoe with hi$ #er (a"!ab"es were ta)en fro her and she wasordered to !ndress$ After which% ?!"tan ordered her to "ie down andcoenced (io"ating her se!a""y by eans of ho"ding her hands abo(e herhead and inserting his penis into her (agina$ After the initia" coita" enco!nter%he too) a short brea) and proceeded once again with threat and intiidationto se!a""y ab!se her$ #e said that he "o(ed her afterwards and offered to

e"ope$ -n her effort to free herse"f fro hi% she agreed$ The net day sheto"d her sister who conseB!ent"y infored their brother who was apo"icean$ #e s!ggested that


48/48

-ss!e: .hether or not the testiony of the (icti can be considered

credib"e on the basis of the a""eged robbery and rape$

#e"d: Ges$ Regarding the robbery: whi"e there ay ha(e been no effort

on the part of the (icti to retrie(e her persona" be"ongings after the threathad passed% her fai"!re to do so does not necessari"y disp!te the coissionof the robbery$

Artic"e 23 of the R*C pro(ides that: &Any person who% with intent to

gain% sha""

crim_case digests 11-7-15

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