Rule 110, Section 6, paragraph 1 & Section 8 of the Rules of Criminal Procedure Decision was dated May 5 but was released June 6, 2014 Supreme Court 3rd Diision, otin! 3"2
G.R. No. 196735 May 5, 2014 PEOPLE PEOPLE OF THE PHILIPPI PHILIPPINES, NES, Plaintiff-appellee vs DANILO FELICIANO, R., !LI!S "ICTOR MEDALLA, CHRISTOPHER SO LI"A, #ARREN L. $INGAPAN, a%& RO'ERT MICHAEL 'ELTRAN AL"IR, a(()*+&-+*o%&+%/*
Fa(/* On December 8, 1994, while seven (7) members members of the Sima !ho fraternit" were were eatin l#nch near the $ain %ibrar" of the &niversit" of the Philippines, Diliman, the" were s#''enl" attace' with baseball bats an' lea' pipes b" men believe' to be members of Scintilla #ris *raternit"+ *raternit"+ he assailants hea's were covere' with either han'erchiefs or shirts an' the commotion laste' abo#t thirt" (./) to fort"-five (40) secon's+ he victims were bro#ht to the &P nfirmar" while the attacers fle'+ Dennis 2ent#rina, one of the victims, was transferr transferre' e' to St+ %#es %#es 3ospital 3ospital that that ver" niht+ 3e 'ie' on December December 1/+ On the 11 th, an a#tops a#tops" " was was con'#cte' on his ca'aver an' the 5 me'ico-leal concl#'e' that 2ent#rina 'ie' of tra#matic hea' in6#ries+
n information information for m#r'er was file' aainst aainst twelve members members of the Scintilla Scintilla #ris fraternit" fraternit" with the ! ! of #e:on #e:on it"+ Separate Separate informat informations ions were also file' aainst aainst them for the attempte' attempte' m#r'er m#r'er of . Sima !ho fraternit" members, members, an' the fr#strate' m#r'er of ; Sima !ho fraternit" members+ Onl" 11 of the acc#se' stoo' trial since one of the acc#se' remaine' at lare+ n ;//;, the trial co#rt ren'ere' its 'ecision with the fin'ins that onl" 0 of the twelve acc#se' were #ilt" be"on' reasonable 'o#bt of m#r'er an' attempte' m#r'er an' were sentence' to, amon other penalties, the penalt" of recl#sion perpet#a+ he case aainst one acc#se' was or'ere' archive' b" the co#rt #ntil his apprehension+ 5eca#se one of the penalties mete' o#t was recl#sion perpet#a, the case was bro#ht to the S on a#tomatic appeal+ 3owever, '#e to the amen'ment of the !#les on ppeal, the case was reman'e' to the o#rt of ppeals+ On December ;<, ;/1/, the o#rt of ppeals, in a Special *irst Division of *ive, affirme' the 'ecision of the !eional rial rial o#rt, b#t 'ownra'e' the attempte' m#r'er case to sliht ph"sical in6#ries+ he 'ecision 'ecision of the o#rt of ppeals was then bro#ht to the S for review+ t is the ar#men ar#mentt of appellants appellants that the information information file' aainst them violates violates their their constit#t constit#tiona ionall riht riht to be informe' of the nat#re an' ca#se of the acc#sation aainst them+ he" ar#e that the prosec#tion sho#l' not have incl#'e' the phrase =wearin mass an'>or other forms of 'is#ise? in the information since the" were presentin testimonial evi'ence evi'ence that not all the acc#se' were wearin mass or that their mass fell off+
@hether acc#se'-appellants constit#tional rihts were violate' when the information aainst I**)+ them containe' the aravatin circ#mstance of the #se of mass 'espite the prosec#tion presentin witnesses to prove that the mass mass fell off
o+ ontrar" ontrar" to the ar#ments ar#ments of the appellants, appellants, the incl#sion incl#sion of the phrase =wearin =wearin mass mass H+& an'>or other forms of 'is#ise? in the information 'oes not violate their constit#tional rihts+ Aver" aravatin circ#mstance circ#mstance bein allee' m#st be state' in the information+ *ail#re to state an aravatin circ#mstance, even if '#l" proven at trial, will not be appreciate' as s#ch+ t was, therefore, inc#mbent on the prosec#tion to state the aravatin circ#mstance circ#mstance of =wearin mass an'>or other forms of 'is#ise? in the information in or'er for all the evi'ence, intro'#ce' to that effect, to be a'missible b" the trial co#rt+ (See Rule 110
, Section Sectio n 6, Par. Par. 1 and Sec. 8 of the Revised Rule of Criminal Procedure
n criminal cases, 'is#ise is an aravatin circ#mstance circ#mstance beca#se, lie nihttime, it allows the acc#se' to remain anon"mo#s anon"mo#s an' #ni'enti #ni'entifiabl fiablee as he carries carries o#t his crimes+ crimes+ he intro'#ction intro'#ction of the prosec#tion prosec#tion of testimon testimonial ial evi'ence that ten's to prove that the acc#se' were mase' b#t the mass fell off 'oes not prevent them from incl#'in 'is#ise 'is#ise as an an aravatin aravatin circ#mstance+ circ#mstance+ @hat is important in allein allein 'is#ise as an aravatin aravatin circ#m circ#msta stance nce is that that there there was a concealme concealment nt of identit! identit! b" the acc#se'+ he incl#sion of 'is#ise in the information was, therefore, eno#h to s#fficientl" apprise the acc#se' that in the commission of the offense the" were bein chare' with, the" trie' to conceal their i'entit"+ he appellate co#rt, however, incorrectl" incorrectl" r#le' o#t the presence of treacher" in the commission of the offense+ he victims were eatin l#nch on camp#s an' were not at a place where the" wo#l' be reasonabl" eBpecte' to be on #ar' for an" s#''en attac b" rival fraternit" men+ he swiftness an' the s#''enness of the attac #sin lea' pipes an' baseball bats ave no opport#nit" for the victims to retaliate or even to 'efen' themselves+ reacher", reacher", therefore, was present in this case+ *#rther, the information information chares conspirac" amon the acc#se'+ onspirac" pres#pposes that =the act of one is the act of all+? his wo#l' mean all the acc#se' ha' been one in their plan to conceal their i'entit" even if there was evi'ence later on to prove that some of them miht not have 'one so + G!ILT T be"on' reasonable 'o#bt of $#r'er an' with the *ive *ive of the the acc# acc#se se''-ap appe pell llan ants ts are are fo#n fo#n' ' G!IL MODIFICATION that the" be fo#n' G!ILT be"on' reasonable reasonable 'o#bt of ttempte' ttempte' $#r'er $#r'er +C
