5/20/2018 People vs Damaso

1/2

PEOPLE VS DAMASO

[G.R. No. L-30116]

November 20, 1978

Facts:Fausto Damaso, Victoriano Eugenio Lorenzo Alviar, and Bonifacio Espejo are convicted

of robbery with double homicide.On November 21, 1959, 9:00pm, Donata Rebolledo and her son-in-law Victoriano de la Cruzheard their dogs barking outside their house, and two armed men entered, pointed their weapons

at them, tied up Victoriano and covered him; they asked Donata for the whereabouts of her

daughter Catalina Sabado. Donata kept silent and blocked the door leading to her daughter'sroom but was promptly pushed aside. She was ordered to open an "aparador" from which they

took jewelry, clothing, documents, and cutting instruments. The two men brought Catalina

Sabado down from the house and then asked where they could find the other daughter Susana

Sabado who was then in her store nearby. Thereafter, Donata heard the men opening the door toSusana's store, and Donata untied the hands of Victoriano and asked him to go to the store to see

if her daughters were there; both women could not be found. It was only the following morning,

in a sugar plantation, the women were found already dead with wounds in several parts of theirbodies.

Contention of the Accused: The accused contends that the crime was not attended by the

aggravating circumstances of armed band, treachery and uninhabited place.

Issue:Whether or not there was aggravating circumstance to aggravate criminal liability

Decision:AC of band exists whenever more than three armed malefactors act together in thecommission of an offense. It was found that Damaso, Eugenio, Alviar, and Gregorio were armed

during the commission of the crime. In this case, the presence of an armed band is to be

considered as a generic aggravating circumstance (Art 14(6), RPC) inasmuch as the crime

committed was that provided for and penalized in Art 294(1) and not under Art 295, RPC.Treachery is present if the victim is killed while bound in such a manner as to be deprived of the

opportunity to repel the attack or escape with any possibility of success. The fact that the bodies

of Catalina and Susana were found dead with their arms tied behind their backs as well as theadmission of Gregorio in his confession that he killed the sisters while their arms were held by

Eugenio and Damaso lead SC to believe the offense was done under treacherous circumstances.

The uninhabitedness of a place is determined not by the distance of the nearest house to thescene of the crime, but whether or not in the place of commission, there was reasonable

possibility of the victim receiving some help. Considering that the killing was done during

nighttime and the sugarcane in the field was tall enough to obstruct the view of neighbors and

passersby, there was no reasonable possibility for the victims to receive any assistance. That the

accused deliberately sought the solitude of the place is clearly shown by the fact that theybrought the victims to the sugarcane field although they could have disposed of them right in the

house of Donata Rebolledo where they were found.

Decision is affirmed; penalty is to be imposed in its maximum period with three AC found by thetrial court, to wit: commission by a band, done with treachery, and in an uninhabited place. There

is likewise the additional aggravating circumstance that the robbery was committed in the

dwelling of the victim.

5/20/2018 People vs Damaso

2/2