Nicanor Napolis vs Court Of Appeals Appeals and The People of the Philippines G.R. No. L28865 28 !e"ruar# $%&2 Topic' Topic' Ro""er# !acts' (
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)rs. Pe*aflor Pe*aflor heard heard the the do+ near"# indicatin+ indicatin+ the presenc presencee of stran+ers. stran+ers. ,he -oe -oe up her hus"and /+nacio Pe*aflor -ho0 after +ettin+ his flashli+ht and .18 cali"er revolver0 -ent do-n the store to tae a loo. As he approached the door of the store0 it -as forci"l# pushed and opened "# 3en0 one of the3 holdin+ and pointin+ a 3achine+un. /+nacio Pe*aflor fired his revolver "ut 3issed. /+nacio fell do-n after receivin+ a "lo- in the head he pretended to "e dead. 4e -as ho+tied "# the 3en. 4e did not lose consciousness. The 3en then -ent up the house. One of the ro""ers ased )rs. Pe*aflor for 3one# sa#in+ that the# are people fro3 the 3ountain. )rs. Pe*aflor0 realiin+ the dan+er0 +ave P20. in cash and t-o rin+s -orth P15.. The ro""er opened and ransaced the -ardro"e. Then the# tied the hands of )rs. Pe*aflor and those of her t-o sons. After tellin+ tellin+ the3 to lie do-n0 the ro""ers covered the3 -ith "lanets and left. The revolver of /+nacio0 valued at P$5.0 P $5.0 -as taen "# the ro""ers. The spouses thereafter called for help and a nei+h"or ca3e and untied /+nacio Pe*aflor . The ro""er# -as reported to the Chief of Police of o f 4er3osa and to the Philippine Consta"ular#. RTC RTC found found the the petit petition ioner er +uilt +uilt# #. CA CA affir3 affir3ed. ed.
/ssue' 7hether Article Article 2% or 2%% should "e applied. Ratio' The ar+u3ent to the effect that the violence a+a inst or inti3idation of a person supplies the controllin+ 9ualification0 is far fro3 sufficient to :ustif# said result. The Court a+rees -ith the proposition that ro""er# -ith violence or inti3idation a+ainst the person is evidentl# evidentl# +raver than ordinar# ro""er# co33itted "# force upon thin+s0 "ut0 precisel#0 for this reason0 The Court cannot accept the conclusion deduced therefro3 in the cases a"ove cited ; reduction of the penalt# for the latter offense o-in+ to the concurrence of violence or inti3idation inti3idation -hich 3ade it a 3ore serious one. /t is0 to our 3ind0 3ore plausi"le to "elieve that Art. 2% applies onl# -here ro""er# -ith violence a+ainst or inti3idation of person taes place -ithout enterin+ an inha"ited house0 under the conditions set forth in Art. 2%% of the Revised Pena l Code. The Court dee3s it 3ore lo+ical and reasona"le to hold0 as The Court does0 -hen the ele3ents of "oth provisions are present0 that the cri3e is a co3ple< one0 callin+ for the i3position i3position as provided in Art. Art. 8 of said Code of the penalt# for the 3ost serious offense0 in its its 3a
