ART. 14
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PEOPLE V RODIL
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Characters: Having lunch o PC Lt. Guillermo Masana+ o PC soldier Virgilio Fidel o Coast Guard Ricardo Ligsa o Patrolman Felix Mojica They saw Floro Rodil (appellant) outside the resto blowing his whistle. Masana and Fidel then approached him. Masana asked Rodil if the gun in his waist is licensed. Instead of answering, Rodil stepped backwards and appeared to draw his gun. Fidel immediately grabbed Rodil’s gun, and gave it to Masana. Masana ordered Rodil to go inside the resto. Masana and Rodil occupied a separate table. Once seated, Masana placed Rodil’s gun on the table and pulled out a bond paper where he wrote the receipt for the gun. Signed it and asked Rodil to countersign it. Rodil refused, asked to have his gun back. Masana rejected, said they would talk about it over the Indang mun. bldg. Masana was about to stand up when Rodil pulled out a double-bladed dagger, stabbed Masana several times. Chest and stomach. Died. Pol. Primo Panaligan, also having his lunch nearby, was quick to rescue. Able to grab Rodil and wrested the dagger from him. ISSUE: Was the crime committed murder or homicide merely or murder or homicide complexed with assault upon an agent of authority? SC: the appellant is accused of murder only. Consequently, either aggravating circumstance should be considered in the imposition of the penalty. Appellant guilty of HOMICIDE AGGRAVATED BY CONTEMPT FOR OR INSULT TO A PUBLIC AUTHORITY OR DISREGARD OF THE RESPECT DUE THE OFFENDED PARTY ON ACCOUNT OF HIS RANK. Appellant suddenly stabbed the victim w/o giving him a chance to defend himself.
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PEOPLE V APDUHAN •
PEOPLE V TAC-AN •
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Renato Tac-an and Francis Escano were close friends, classmates in high school, both members of Bronx. But Francis withdrew from said gang because of the advice of his mother. Mom saw Renato carrying a handgun. Things turned sour bw the 2. An earlier altercation happened bw them re: Renato’s chair being seated on by Francis. 15 mins later, Renato went home, gun his gun, and entered Math class looking for Francis. Renato fired 4 times, 4th time tinamaan na si Francis sa head. Renato went outside and a teacher unknowingly asked for his help re: Francis. Said he was still alive. Renato knew Francis was alive so he went back to the classroom and aimed at his chest. RTC: the shooting death Francis had been done “in contempt of or with insult to the public authorities” (the presence of Mr. Damaso, Math teacher, who was then checking the attendance, but did not deter the accused to do his act.) SC: Criminal Case No. 4007 (illegal possession) – reclusion perpetua. Criminal Case No. 4012 (murder) – Evident premed & insult to public authorities are DELETED. Dangerous drugs and unlicensed firearm also DELETED.
PEOPLE V STO. TOMAS
May 23, 1967, 10PM. Natividad Grulla (19 y/o) – at home reading a novel. Other characters who were at home: o Nephews – Fidel, Pacito, Jr., and Roberto o Sisters – Blesilda and Salvacion o Mother – Consolacion Grulla o Niece – Alma o Maid – Avelina Bordeos 10-11PM 10-11PM – Pacito Sto. Tomas (Salvacion’s husband) arrived at the house and knocked at the front door. When Nat went to open, Pacito was already at the back door. Salvacion proceeded to meet him in the kitchen, then Pacito asked his wife and their children to go to Legaspi City C ity.. Consolacion was awakened by the convo and joined the sps in the sala. “Pacito, my daughter cannot go with you to Legaspi because she does not want to live with you. She can no longer endure the sufferings she is undergoing because of your jealousy.” jealousy.” Pacito: “May, I cannot talk over this thing with you any longer and I would like Vacion to go with me to Legaspi.” Salvacion said she cannot go bec their youngest baby, baby, Blesilda (7 mos) has fever. Nat, in her room later, heard a series of gunshots. Pacito fired at Salvacion. Also saw their mother, seated on a chair, motionless. Natividad tried to escape but Pacito also fired at her. She ran and met Reynaldo Masanque and Hospicio Pasibi. Sixto, a brother of Nat, went to the scene also after hearing the gunshots. SC: Dwelling is NOT an aggravating circ in this case bec Salvacion’s stay in Consolacion’s house is merely temporary. Parricide for Salvacion’s death. Murder for Consolacion’s, and F-Murder for Nat.
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May 23, 1961, 7PM, in Bohol. Perpetrators entered the house of Honorato Miano and Antonia Miano carrying armed weapons o Apolonio Apduhan, Jr. o Rodulfo Huiso o Felipe Quimson Perps, once inside their house, attacked, hacked, and shot, Geronimo Miano and Norberto Aton. Died. Perps took cash from their house P322.00 belonging to Honorato and Antonia. Trial: From NG to G plea. When he pleaded G, requested no death penalty penal ty.. SC: Robbery w homicide. Aggravating: o Robbery in BAND. (group). o Dwelling o Nighttime o Abuse of superior strength
PEOPLE V GARCIA •
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Ma. Corazon Dioquino, went to Bill’s Place at M. dela Cruz in Pasay bec her husband informed her that Apolonio Dioquino, Jr. (brother) was there in a drinking spree w his gang (led by Antonio Garcia and Reynaldo Arviso). 3AM. B.I. daw yung gang na yon for her bro. When she got there, she saw her bro being chased by the gang, w Antonio carrying a long sharp instrument. She hid herself to avoid trouble, then she heard a gunshot.
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From where she was hiding she saw the group, maltreated her brother. The group scampered away but Antonio was left behind, and Corazon saw him stabbing Apol in the back. RTC: Murder with Aggravating: o Nighttime o Superior strength o Treachery SC: Homicide only. With Voluntary Surrender as Mitigating, with abuse of superiority and nocturnity as aggravating.
US V MANALINDE •
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The Moro Manalinde o Wounded Juan Igual (Spaniard) on the head delivered from behind w a kris o Approached a Chinaman named Choa and attacked him w the same weapon. Died. Trial court: Murder Moro’s Story o His wife died 100 days ago o He was ordered by Datto Rajahmudah Mupuck to go juramentado in Cotabato and go kill somebody to avenge against a lieutenant and a sergeant o If successful, he’d be rewarded w a pretty woman o If caught, say that orders came from Maticayo, Datto Piang, Tambal and Inug SC: RTC’s decision affirmed. Aggravating: evident premeditation Accused thoughtfully meditated over the datto’s orders especially when he knew there would be a reward if he is successful
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PEOPLE V DISCALSOTA •
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Characters: o Herbert Suarnaba o Jenny Aplaza o Pedro Ramos o Rowell Lavega Went to Plaza Mart, then decided to visit their friend, Novieboy del Rosario. At the house of Novie, while they were enjoying themselves, they were startled by 9 men shouting outside the house. After a series of altercation, fast forward tayo sa , fighting scenes. While they were trying to escape the scene, the attacker caught up w Herbert and attacked thrust his knife at his back. Pedro and Rowell identified the attacker as Sueene Discalsota. RTC: murder for Herbert’s death. SC: Homicide lang. No treachery and evident premed. No Treachery: victim had the opportunity to escape. Also the attack was not sudden as he was in a menacing approach. No evident premed: no proof as to the cool thought and reflection to carry out the criminal intent during a space of time sufficient to arrive at a calm judgment.
Aug 2, 1918 – Baluyot went to Orion, Bataan, taking w him a revolver Aug 3, 1918, 9AM – Baluyot went to Balanga, Bataan, in the prov’l bulding where he inquired for Gov. Conrado 11AM, same day – Gov. Conrado arrived. Pinauna muna ‘yung may isang nakipag-appoint ng meeting, si Antonio Aranjuez, and after him, si Baluyot na. According to the lower court, Baluyot fired within a few seconds when he entered Gov’s office. Upon discovering Gov was unarmed, Baluyot drew his own revolver and fired. Gov tried to escape after 2 gunshots, and take refuge inside a closet at the end of the corridor. Baluyot fired at the direction of the cabinet and was able to hit Gov in the forward part of the head. Died. Trial Court: Murder (w treachery, evident premed, done while a public authority is in the discharge of duty) SC: Affirmed. Penalty reduced from death to cadena perpetua.
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PEOPLE V ESCOTE
Sept 28, 1996, midnight – Rodolfo Cacatian drove the Five-Star Passenger bus from Pasay terminal to Pangasinan. Also on board: Romulo Digap, regular conductor. Camachile, Balintawak – accused Victor Acuyan and Juan Escote, Jr. boarded the bus. Along Plaridel, Bulacan, the two declared a holdup. Juan fired upwards to awaken and scare off passengers, and Victor followed another gunshot. The 2 took money and other valuables of the passengers. Also took the fares collected by the conductor Romulo. Further went to a certain passenger SPO1 Jose C. Manio, Jr. Felons demanded for his ID and service gun and afterwards shot him on the mouth, right ear, chest, and right side of the body. Felons moved towards driver Rodolfo and told him to maintain the speed of the bus. They alighted the bus along the overpass in Mexico, Pampanga. Rodolfo and Romulo reported the incident to the police authorities when the bus reached Dau, Mabalacat, Pampanga. A month after, Oct 25, 1996 – SPO3 Romeo Meneses and other police were at the police checkpoint along natl highway in Tarlac, Tarlac. A white-colord taxi cab w/o plate come to view. Driver turned out to be Escote, and identified himself as a policeman. Showed ID of Manio, Jr. (yung pinatay nila sa bus), but Meneses became suspicious bec said ID was already expired. Meneses further asked for payslip. Escote can’t produce any, and finally confessed. Trial court: Robbery with homicide SC: Decision affirmed but treachery is not appreciated. RWH is a crime against property and treachery is only applicable to crime against persons.
US V BALUYOT • •
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Murder of Conrado Lerma (Bataan governor) June 6, 1916 – general elections, Conrado won as Bataan governor. Jose Baluyot – 3 rd place. Baluyot was imbued w the idea that Gov was persecuting him. 1918 – Baluyot prosecuted in CFI Manila w estafa ! relieved from the position of being the captain in the national guard in connection w this case
PEOPLE V CARATAO •
SERGIO CARATAO: o April 27, 1992, 4P M – he was w his wife at the NALCO Commissary Canteen. He requested the victim Edgardo Tado Bulawin for his rice vale. Edgardo did not issue him his rice vale share.
When Edgardo was about to leave riding his motorcycle, dun na nangyari ‘yung saksakan event. o Sergio interposed self-defense to exculpate himself. SC: No self-defense. No unlawful aggression from the victim. But no treachery because killing was done at the spur of the moment, and no sufficient evidence that Sergio deliberately adopted the mode of attack. Sergio is guilty of HOMICIDE. o
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PEOPLE V SITCHON •
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PROSECUTION: 1) Lilia Garcia o Emelito Sitchon lived in the 2 nd flr of a house located at 2001 Batangas St,, Tondo, Manila. In the 1 st flr was his neighbour Lilia Garcia o June 12, 1996, 10AM – Lilia was in front of their house when she heard a boy crying. She went upstairs and saw Sitchon beating 2y/o Mark Anthony “Macky” Fernandez. Lilia saw Sitchon hit various parts of the boy’s body with a piece of wood. o Beating went on for 1hour. Then Lilia saw Sitchon carry the boy to the hospital. The boy was already black and no longer moving. PROSECUTION: 2) Roberto Fernandez (8 y/o bro of Macky) o Macky scattered his feces all over the house. Sitchon then beat Macky with a belt, a hammer and a 2x2 pc of wood. o He was scared so he was not able to do anything while Sitchon was beating his brother. DEFENSE: Emelito Sitchon (appellant) o Sitchon admitted killing Macky, son of his live-in partner. o He killed the boy only because he was under the influence of shabu, MJ, and Valium 10 at that time. He further professed he began using drugs in 1974 and that he had also taken drugs 2 weeks before the incident. o Came upon Macky playing w his feces, scattering them all over the pillow, the bed sheets and the curtains. o Sitchon got hold of Macky but the boy struggled to free himself from his grasp. o Still reeling from the Valium 10 he had taken, Sitchon got angry and picked up a broom w a wooden handle and hit the boy w it. o Sitchon brought Macky to the hospital and pleaded to the doctor to save him. Macky died and on the same day, he surrendered to the police. Trial court: Murder SC: Affirmed, in view of the attendance of the aggravating circumstance of treachery (killing of a minor who could not be expected to put up a defense). But with mitigating circumstance of lack of intention to commit so grave a wrong.
PEOPLE V ANCHETA •
PROSECUTION: Jonathan Aromin (main witness) o Sept 2, 1993 – he and his neighbour Julian Ancheta (victim) went to the house of the accused SPO1 Eduardo Ancheta y Rodigol who just lived across them.
They knocked on the door and when SPO1 opened, he was armed w a gun. So Jonathan moved away and when he left SPO1’s house, he heard 2 gunshots wc prompted him to hide behind the nearest wall. o When he looked back, SPO1 was already aiming the revolver directly at his face and w no hesitation shot him at close range. He blacked out and when he woke up, to his aid was Leonila Lopez. Was rushed to the hospital. PROSECUTION: Leonila Lopez o Her house was right across SPO1’s house. Sept 2, 1993, 8PM – she heard 2 gunshots coming from SPO1’s house. o She was about to close her windows when she saw Jonathan running toward her house and SPO1 following him. She saw SPO1 shot Jonathan on the cheek. PROSECUTION: Dr. Roberto Garcia (medico-legal) o Julian Ancheta sustained 3 gunshot wounds. 1 pierced at the back of his left forearm. 1 entered rear left portion of the neck. Fatal bullet entered thru the front portion of left ear, without an exit wound. DEFENSE: SPO1’s testimony o Night of Sept 2, 1993 – he and his wife and his son were already sleeping and awakened by the sound of someone banging at the door. “Pare, buksan mo ito,” he heard from outside. o For protection, SPO1 readied his gun before opening the door. Upon seeing the 2, SPO1 inquired why he was addressed as “pare” by his bro, Julian. Instead of answering, Julian angrily asked why he was holding a gun. Basta, they grappled and the gun accidentally fired twice daw. o SPO1 took his family to his wife’s cousin, and around 6PM the next day, Sept 3, 1996, he surrendered at PNP Caloocan City. Mar 26, 1999 – the trial court found SPO1 guilty of Murder of Julian Ancheta, and F-Murder of Jonathan Aromin. SC: Prosecution was not able to establish treachery and deliberate intent to kill. o Crim Case No. C-44939 (Julian Ancheta) – Murder to Homicide o Crim Case No. C-44940 (Jonathan Aromin) – F-Murder to F-Homicide o
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PEOPLE V ALFANTA •
NITA FERNANDEZ (offended party) o Aug 26, 1995, 12mn – while asleep in the residence of a friend at AFOVAI Fort Bonifacio, Makati City o A man whom she hadn’t seen before suddenly entered the house, pulled her, boxed her jaw, and put his hand on her mouth, and told her that if she won’t obey him, he will kill her. o Forced to climb a fence and instructed to go to a vacant house. She had no choice but to follow because of fear as the man was holding a bolo. o At the house ! was told to undress ! the man embraced and kissed her ! lie down and separate her legs ! inserted penis to her vag ! told to lie face down ! inserted penis to her anus ! told to lie face up ! inserted his fingers in & out her private part
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to go near him and lie beside him (rapist na gusto ng cuddling, jusko), and not to dress up first as he was going to take a rest. o She was also told not to tell the others what happened, “lahat ng nirape ko ay pinatay ko dahil sa ayokong may magsumbong.” o While the man was sleeping, she grabbed the knife at his waist and stabbed him on his chest, but the knife broke. So she got hold of the bolo and hacked the man several times. o Put on a dress, took the bolo, ran to the signal office of soldiers, and admitted she killed a man. With soldiers, they went to the place where she was raped. Rapist was still there, lying down and still alive. He was brought to the hospital. o On her cross-examination, “Accused is not my sweetheart. Why will I hack him if he is my sweetheart?” Wala lang, bat ba nakakatawa ‘yung dialogue ni ate. HAHA. Trial court: Accused is guilty of rape, with aggravating circumstances of nighttime and ignominy SC: affirmed. Penalty reduced from death to reclusion perpetua.
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PEOPLE V DIZON •
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July 7, 1997 930PM – Arlie Rosalin, 21y/o engg student from Dinalupihan, Bataan, alighted from a bus as it stopped by a small bridge along EDSA just before Roosevelt Ave, QC She heard someone call out, “Miss!”, and when she turned around, appellant Renato Z. Dizon was already behind her. Seized her, pointing a fan knife to the side of her neck, then announced a holdup. Told her to face the railing of the bridge and asked for wallet and jewelry. Arlie then complied. Still not content, Dizon got her backpack and warned her that he will kill her and throw her over the bridge as he had done to his other victims, if he finds another wallet in the backpack. After taking all her things, Dizon instructed Arlie to walk w him along EDSA as if they were a couple. All the while, Dizon’s arm was around Arlie’s neck and a knife pressed to her side. Dark and empty basketball court. Dizon ordered Arlie to remove her pants & underwear. No choice but to follow him since he was still holding her at knifepoint. Dizon kissed Arlie on the lips, neck, and breasts (wc he also mashed) ! bit her nip 3x, as well as the right side of her back and also her vag ! forced her to bend over a taxi hood and penetrated her vag in this position. Afterwards, Dizon ordered Arlie to hold & massage his penis (wc he boastfully informed the latter carried bolitas ) ! forced her to put his penis into her mouth. Still not done, Dizon forced Arlie to lie on the ground. Whenever Arlie tried to resist, Dizon would bang her head on the taxi hood, slam her head on the wall, or slap her hard in the face. So she was pushed to the ground, and there was ravished by Dizon all over again. Dizon still refused to let go of Arlie even though he was admittedly spent by now. (ANG KAPAL?) Made her sit astride over him and held her tightly by the hair w both hands so she could not escape. When Arlie hesitated to insert his penis inside her, Dizon removed one hand from her hair and groped in the dark. Arlie sensed he was reaching for his knife, and
that’s where she struggled w all her might and broke free from Dizon’s hold. Scampered to her feet, grabbed her pants, and ran as fast as she could away from the appellant. Arlie then barged in a store that was about to close and informed the people about what happened, but the owner did not want to get involved so he reminded her to wear pants and referred her to the brgy. A brgy officer arrived and accompanied her back to the basketball court to retrieve her things. Dizon wasn’t there anymore so Arlie just described him to the police. 3 days later, the brgy informed Arlie they had a suspect who matched her description. They went to Muñoz market where appellant was working as a tricycle dispatcher. One of the police accosted him and upon seeing Arlie, Dizon pulled out his fan knife. He was not quick enough and was disarmed by the polive officers. He was then brought to the station. Dizon put up the defense of denial and alibi. Trial court: Robbery w rape. 2 aggravating: cruelty and uninhabited place. SC: AFFIRMED the trial court’s decision. Cruelty: As recounted by Arlie, Dizon not only raped her but subjected her to various dehumanizing indignities Uninhabited place: Dizon sought the solitude of the basketball court to ensure that Arlie would not be able to call for, or receive, any help. Aside from being cloaked by the darkness of the night, the basketball court was a relatively isolated place, shielded from the public view by the high walls of the surrounding houses. Arlie could have screamed at the top of her lungs and nobody still would have heard her.
