University of the Philippines College of Law 1-D
Topic
Article 14: 14: Aggravating Circumstance- Time of Commi ssion: ssion: Nighttime
Case Name
People v Rodas Rodas
DOCTRINE Nighttime Nightti me i s conside red aggravating only when i t facilitated facil itated the commi ssion of the crime, or was w as espec especia ially llysou sought or taken advantage of by the accused for the purpose of i mpunity. The essence of this aggravating circumstance circumstance is the obscuridad afforded by, and not merely the chronological onset of, ni ghttime. ghttime. Although the offense offe nse was committed at night, nocturnity does not become a modify modifying ing factor when the place is adequately li ghted and, thus, could could no l onger insure the offender s immuni i mmunity ty from f rom iden i dentific tifica ation tion or capture. ’
SUMMARY Accused-appellants Rodas are are convicted with murder due to the ki lling ll ing of Titing. The aggravating aggravating circumstance circumstance of nocturnity was not considered because b ecause prosecution failed to show that nightti me facilitated the commission commission of the crime, crime , or was especial ly sought or taken advantage advantage of by the accused for the purpose of impuni ty and the place was properly properl y lighted even though the crime was committed committed at nighttime.
RELEVANT FACTS
Titing Ase nda, a resident of Boyos, Sindangan, Zamboanga Zamboanga del Norte, N orte, was at Mil Milaub, aub, Denoyan, Zamboanga del Norte, to hel p his brother, Danil Danilo o Asenda, in the harvesting of the latter s corn. August 9, 1996: 1996: at around 8:00 in the eveni ng, a benefit dance dance at Mil Milaub, aub, which was sponsored by Boboy Raquilme, Raquilme, was being held. Among those roaming in the vicinity vici nity of the dance hall were Al berto Asonda and Ernie Ernie Anggot. They stopped and hung out near ne ar the fence to watch the affair. o Titing Asenda Ase nda was standing near them. o They saw Charlito Rodas, Armando Rodas, Jose Rodas, Jr., and Jose Rodas, Sr. surround Titin g Asenda. Suddenl y, without a word, Charlito Charlito Rodas, armed with a hunting knife, knif e, stabbed Titing at the back. back. Armando Rodas then clubbed Titing wi th a chako hitti ng him at the left le ft side of the nape causing o him to fall. Jose Rodas, Sr. handed to Jose Rodas, Jr. a bolo which the latter used in hacking Titing, hi tting o him on the left elbow. Alberto Albe rto Asonda and Ernie Ernie Anggot trie d to help Titing Titin g but Armando Rodas Rodas prevented them by pointing poi nting a gun at them the m and firing it towards the sky. After the assail ants left, lef t, Alberto Asonda and Ernie Ernie Anggot A nggot approached approached Titing Ase nda who was already dead. They informed Danil o Asenda that that his brother was kill ed. The police arrived the fol lowing day after being informed informed of the incident. Charlito Rodas8 and Jose Rodas, Jr. 9 withdrew their the ir previ previous ous pleas of “NOT GUILTY” GUILTY” and entered entere d their respective pl eas of “GUILTY” “GUILTY” for the lesser le sser crime of Homicide RTC found accused-appellants Armando Rodas Rodas and Jose Rodas, Sr. guilty of the crime of Murder Murder ’
University of the Philippines College of Law 1-D (defense alibi were contradictory so SC did not reverse RTC and CA ’s findings) ISSUE AND RATIO DECIDENDI
Issue WON aggravating circumstance of nocturnity can be considered
Ratio
NO This circumstance is considered aggravating only when it facilitatedthe commission of the crime, or was especially sought or taken advantage of by the accused for the purpose of impunity. The essence of this aggravating circumstance is the obscuridad o afforded by, and not merel y the chronological onse t of, nighttime. Although the offense was committed at night, nocturnity does not become a modifyi ng factor when the place is adequately lighted and, thus, could no longer insure the offender s immunity from identi fication or capture. In the instant case, the prosecution failed to show that nighttime facilitated the commission of the crime, or was especially sought or taken advantage of by the accused for the purpose of impunity. The crime scene was sufficiently lighted by a Petromax which led to the identifi cation of all the accused. YES There was glaring disparity of strength between the victim andthefour accused. The victim was unarmed whil e the accused were armed wi th a hunting knife, chako and bolo. It is evident that the accused took advantage of their combined strength to consummate the off ense. This aggravating circumstance, though, cannot be separately appreciated because it is absorbed in treachery. YES The essence of treachery is the sudden and unexpe cted attack by the aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor, and without the slightest provocation on thepart of the victim In the case under review, the victim was completely unaware that o he was going to be attacked. He was not forewarned of any danger to himsel f as there was no altercation or disagreeme nt between the accused and the victim. If treachery may be appreciated even when the victim was forewarned, more so should it be appreciated when the vi ctim was not, as in the case at bar. The suddenness of the attack, the number of the accused and their use of weapons against the unarmed victim prevent the possi bility of any defense or retaliation by the victim. The fact that the victim was already sprawled on the ground and still Jose Jr. hacked him with a bolo clearly constitutes treachery ’
WON aggravating circumstance of abuse of superior strength can be considered
WON there is treachery
WON evident premeditation is appreciated
NO For evident premeditation to be appreciated, the foll owing elements must be established: (1) the time when the accused decided tocommit
University of the Philippines College of Law 1-D
the crime; ( 2) an overt act manifestly indicating that he has clung to his determination; and (3) sufficient lapse of time between decision and execution to allow the accused to refl ect upon the consequencesofhis act The essence of premeditation is that the execution of the criminal o act was preceded by cool thought and reflection upon the resolution to carry out the criminal i ntent during a space of time sufficient to arrive at a calm judgment In the case at bar, the prosecution faile d to show any presence of the elements
Disposition
WHEREFORE, all the foregoing conside red, the decision of the Court of Appeals in CA -G.R. CR-HC No. 00289 is AFFIRMED WITH MODIFICATION. Appellants Armando Rodas and Jose Rodas, Sr. are f ound GUILTY beyond reasonable doubt of murder as define d in Article 248 of the Re vised Penal Code, as amended by Republic Act No. 7659, qualified by treachery. There being no aggravating or mitigating ci rcumstance in the commission of the crime, they are hereby sentenced to suffer the penalty of reclusi on perpetua. The appellants are ORDERED to pay, jointl y and severall y, the heirs of Titi ng Asenda the amount of P25,000.00 as civil indemnity, P50,000.00 as moral damages, P25,000.00 as temperate damages and P25,000.00 as exempl ary damages. Costs against the appellants.