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People of the Philippines vs Julio Ocumen

Posted by Howard | Posted on 28-12-2010

Category : Criminal Law

Tags: Abuse of Superior Strength, Aggravating Circumstance

Aggravating Circumstance Abuse of Superior Strength

On October 28, 1989, Ocumen had a heated argument with Espanto and Bibat during a wedding celebration. Ocumen went berserk and ran after the two. Incidentally, 14 year old Mary Jane Bueno was walking towards the dancing saloon unaware of the commotion. She was stabbed on her back by Ocumen. Thereafter, Ocumen stabbed a certain Ilasin. Medical treatment saved Bueno but Ilasin died later. Ocumen posed an alibi as he said he was in Manila during the incident. Ocumen was convicted bty the Regional Trial Court: Murder for the death of Ilasin, Frustrated Murder for the stabbing of Bueno.

ISSUE: Whether or not the aggravating circumstance of abuse of strength is attendant in the case at bar.

HELD: Treachery is not proven so the case should be of homicide and not of

murder. The stabbing incidents were only incidental to the earlier commotion between Ocumen and the two others. Hence, he should be charged for frustrated homicide and homicide in the respective cases. In the Ilasin case, abuse of strength is not proved. In the case of Buena, abuse of strength is proved for Bueno was merely 14 years old, a woman who was unarmed and helpless against Ocumen. Simangan vs People of the Philippines

Posted by Howard | Posted on 27-12-2010

Category : Criminal Law

Tags: Aggravating Circumstance, Cruelty, Number of Stab Wounds

Aggravating Circumstance Cruelty Number of Stab Wounds

On February 10, 1980 at about 8 pm, Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto and Sofronia. The couple was having dinner with their daughter Lorna. Simangan asked Ernesto to guide them on the road as they were not familiar. Ernesto agreed, he then ordered his houseboy Romeo to accompany him in guiding the group of Simangan. The next morning, Romeo reported to Sofronia that Ernesto is dead. Ernesto was found near a creek, he sustained 10 stab wounds.

ISSUE: Whether or not Simangan is guilty beyond reasonable doubt.

HELD: Yes. The testimonies of Romeo and Sofronia are credible. Thus, Simangans conviction is affirmed. It is found that Simangan stabbed Ernesto 10 times, three of which were fatal. But the number of stab wounds does not qualify as an aggravating circumstance against Simangan for it must be proven that Simangan intended to exacerbate the suffering of Ernesto. Nigh time is also not appreciated as it was included in the original information. People of the Philippines vs Elizalde Faco 1

Posted by Howard | Posted on 27-12-2010

Category : Criminal Law

Tags: Aggravating Circumstance, Use of Motor Vehicle

Aggravating Circumstance Use of Motor Vehicle

On August 8, 1993, Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead of only fetching Gatalan, he robbed her and raped her. He used his tricycle to fetch her and used the same tricycle to dump Gatalans body. Faco alleged in trial that he was only forced by a certain Danny to commit the crime. This was not proven.

ISSUE: Whether or not Faco is guilty beyond reasonable doubt.

HELD: Yes. Since Faco used his tricycle to facilitate the commission of the offense, the aggravating circumstance of use of motor vehicle is appreciated against Faco. However, Faco voluntarily surrendered. His penalty is reduced from death to reclusion perpetua. People of the Philippines vs Rene Siao

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, dog style, G.R. No. 126021, Ignominy, Jurisprudence, People of the Philippines vs Rene Siao, people vs siao, Principal by Inducement, rape, scra

Aggravating Circumstance Ignominy Principal by Inducement

Siao ordered his houseboy Gimena to rape his minor housemaid Raymundo. Gimena did so at gunpoint and Siao proceeded to record the act using a video camera. Gimena was scared due to the fact that Siao was pointing a gun against them so he acceded to the orders of Siao who thereatened to kill them if they will do so as he commands. Siao ordered Gimena to rape Raymundo in three different positions. Siao was later on convicted for rape as principal by induction. Gimena was acquitted.

ISSUE: Whether or not Siao is guilty beyond reasonable doubt.

HELD: Yes. He used intimidation in inducing Gimena to perform such act. Further, the aggravating circumstance of Ignominy is present due to the fact that Siao ordered Gimena to do the dog-style position in raping Raymundo. Such dog-style is only for dogs and not the same as the missionary sexual

position of male superior or male inferior positions. Siaos conviction of reclusion perpetua is affirmed.

Read full text here. People of the Philippines vs Inggo 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, Disrespect to the Offended Partys Sex, G.R. No. 140872, Jurisprudence, People of the Philippines vs Inggo, people vs inggo

Aggravating Circumstance Disrespect to the Offended Partys Sex

On August 15, 1996, afternoon, in the Municipality of Katipunan, Zamboanga del Norte, Inggo and a certain Insic were having an argument over a P50.00 which Inggo was trying to recover. He allegedly bought a bottle of beer from Insic. Later a certain Rosemarie Reinante arrived and volunteered to give Inggos P50.00 back which Inggo refused. Thereafter an argument between Inggo and Rosemarie ensued which led to Inggo chasing and killing Rosemarie.

ISSUE: Whether or not there was disregard of sex on the part of Inggo.

HELD: The evidence does not show that Inggo deliberately intended to insult or to show manifest disrespect against the sex of Rosemarie. It was only shown that Rosemarie, who merely tried to help, caught the ire of Inggo due to her unexpected meddling in the argument between Ingo and Insic.

Read full text here. People of the Philippines vs Nicanor Salome 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, Dwelling, G.R. No. 169077, Jurisprudence, People of the Philippines vs Nicanor Salome, people vs salome, scra

Aggravating Circumstance Dwelling

In July 1997, Salome entered the house where the 13 year old Sally Idanan was sleeping. He poked a knife against her neck and then after raped her. He threatened Idanan so that Idanan may not report the incident to authorities. But when she found that shes pregnant she reported the incident. Salome offered the defense of alibi in court claiming that he went fishing at the time of the incident. Salome was convicted for rape qualified by the use of a bladed weapon.

ISSUE: Whether or not the aggravating circumstance of dwelling be appreciated against Salome.

HELD: Salomes alibi is not tenable. His conviction is affirmed. The aggravating circumstance of dwelling is appreciated against him. He entered the house of Idanan and in the same place he successfully raped Idanan. However, pursuant to Republic Act 9346 which suspends the death penalty, his penalty is sustained at reclusion perpetua.

Read full text here. People of the Philippines vs Alejandro Calongui 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, Dwelling, G.R. No. 170566, Jurisprudence, People of the Philippines vs Alejandro Calongui, people vs calongui, Sanctity of the Home

Aggravating Circumstance Dwelling Sanctity of the Home/House

Calonqui was found guilty for two counts of rape. On January 1, 1998 about 2 am in Tagbong, Camarines Sur, Calonqui was able to rape the 13 year old girl Maricel in the latters house. On September 26, 1998 at about three in the morning, the accused again raped the victim. Both rape incidents were witnessed by the brother of Maricel.

ISSUE: Whether or not the aggravating circumstance of dwelling be appreciated against Calonqui.

HELD: Calonqui and Maricel are cousins, both of them live under the same shelter. At the time of the incident both are living in the same house therefore there was no trespass to the sanctity of the house of the victim on the part of Calonqui. His conviction is nonetheless affirmed.

Read full text here. People of the Philippines vs Roland Paraiso 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, Disregard of the victims sex, G.R. No. 127840, Jurisprudence, lethal injection, People of the Philippines vs Roland Paraiso, people vs paraiso, scra

Aggravating Circumstance Disregard of the victims sex

On June 11, 1995, Paraiso and a John Doe killed Lolita Tigley in her own house Minglanilla, Cebu. He poked a gun against Tigley and robbed her of her P200.00 cash, jewelries, a Rolex watch and a telescope all amounting to P180,000.00 During trial, witnesses positively identified Paraiso. Paraiso posed the defense of alibi.

ISSUE: Whether or not disregard of respect due to Lolitas sex is attendant in the case at bar.

HELD: The prosecution was able to prove the aggravating circumstances of dwelling and abuse of superior strength. However, the aggravating circumstances of disregard of respect due to Lolitas sex is not appreciated against Paraiso due to the fact that; primarily, the crime charged against the accused is robbery with homicide which is a crime against property not against persons. Secondly, it was not shown that there was deliberate intent on the part of Paraiso to offend or insult the age or sex o Lolita. And thirdly, even if appreciated it would be absorbed by the aggravating circumstance of abuse of superior strength which is attendant in the case. Paraiso is nonetheless sentenced to death by lethal injection.

Read full text here. People of the Philippines vs Rolando Bacule 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, case brief, case digest, Criminal Law, G.R. No. 127568, Jurisprudence, Moral Ascendancy, People of the Philippines vs Rolando Bacule, people vs bacule

Aggravating Circumstance Moral Ascendancy Not Included

While the 8 year old daughter of Bacule was sleeping, Bacule undressed her. This awakened the child. But since her father was stronger than her, the father was able to insert his penis into her vagina and anus. The daughter was helpless. The next day, she reported what happened to her aunt. Thereafter, a case was filed against Bacule. His common law wife testified against him. During cross examination, sodomy was alleged against Bacule

as well.

ISSUE: Whether or not an aggravating circumstance may be appreciated against Bacule.

HELD: The trial court erred in appreciating an aggravating circumstance against Bacule on the ground of moral ascendancy. Article 14 of the Revised Penal Code does not provide for such an aggravating circumstance. What the law does not include, it excludes.

Sodomy was only alleged during cross examination, it should have been alleged in the information before the prescriptive period lapsed.

Read full text here. Felipe Navarro vs Court of Appeals 1

Posted by Howard | Posted on 28-11-2010

Category : Criminal Law, Jurisprudence

Tags: Aggravating Circumstance, Crime Committed in Places where Official duties are discharged, Criminal Law, Felipe Navarro vs Court of Appeals, G.R. No. 121087, Jurisprudence, navarro vs ca, navarro vs court o appeals, navarro vs court of appeals

Aggravating Circumstance Crime Committed in Places where Official duties are discharged

Enrique Lingan and Stanley Jalbuena, both radio reporters went to a police station to report for a blotter. During the course, a heated argument arose between police officer Navarro and the two reporters. Navarro then poked his cocked firearm on the face of Jalbuena. Lingan interfered, this then irked Navarro and then and there hit Lingan with the handle of his pistol above the left eyebrow. This caused Lingan to fall on the floor bloddied.

ISSUE: Whether or not there is an aggravating circumstance against Navarro due to the fact that he committed such crime in the police station?

HELD: A police station is a place wherein public authorities such as policemen are engaged in the discharge of their duties. Since Navarro, who is a cop, committed the crime inside the police station, an aggravating circumstance is appreciated against him.