Scribd Logo
Upload

Welcome to Scribd!

  • 93 views

    People v. Apduhan

    Uploaded by

    Mark Paul Balao
    The accused were charged with robbery with homicide for attacking two men in their home, killing one and stealing money. While a guilty plea admits all charges, the court found that the aggravating circumstance of "dwelling" did not apply here as robbery with violence against persons can occur without violating a home. However, other aggravating circumstances were present so the penalty was still reclusion perpetua rather than a lower penalty. The death sentence imposed by the lower court was reduced to reclusion perpetua.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People v. Apduhan

    Uploaded by

    Mark Paul Balao
    93 views2 pages
    The accused were charged with robbery with homicide for attacking two men in their home, killing one and stealing money. While a guilty plea admits all charges, the court found that the aggravating circumstance of "dwelling" did not apply here as robbery with violence against persons can occur without violating a home. However, other aggravating circumstances were present so the penalty was still reclusion perpetua rather than a lower penalty. The death sentence imposed by the lower court was reduced to reclusion perpetua.

    Original Description:

    Aggravating Circumstances

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The accused were charged with robbery with homicide for attacking two men in their home, killing one and stealing money. While a guilty plea admits all charges, the court found that the aggravating circumstance of "dwelling" did not apply here as robbery with violence against persons can occur without violating a home. However, other aggravating circumstances were present so the penalty was still reclusion perpetua rather than a lower penalty. The death sentence imposed by the lower court was reduced to reclusion perpetua.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    93 views2 pages

    People v. Apduhan

    Uploaded by

    Mark Paul Balao
    The accused were charged with robbery with homicide for attacking two men in their home, killing one and stealing money. While a guilty plea admits all charges, the court found that the aggravating circumstance of "dwelling" did not apply here as robbery with violence against persons can occur without violating a home. However, other aggravating circumstances were present so the penalty was still reclusion perpetua rather than a lower penalty. The death sentence imposed by the lower court was reduced to reclusion perpetua.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    BALAO, Mark Paul

    BASCO, Treb Jersey

    AGGRAVATING CIRCUMSTANCES - Disregard of rank, age, or sex, and dwelling.

    People v. Apduhan

    Facts

     The undersigned Provincial Fiscal accuses Apolonio Apduhan, Jr., alias Junior, Rodulfo Huiso and
    Felipe Quimson of the crime of Robbery with Homicide, committed as follows:
     That on or about the 23rd day of May, 1961, at about 7:00 o'clock in the evening, in the Municipality
    of Mabini, Province of Bohol, Philippines, the above-named accused and five (5) other persons whose
    true names are not yet known (they are presently known only with their aliases of Bernabe Miano,
    Rudy, Angel-Angi, Romeo and Tony) and who are still at large (they will be charged in separate
    information as soon as they are arrested and preliminary proceedings in Crim. Case No. 176
    completed before the Justice of the Peace Court), all of them armed with different unlicensed
    firearms, daggers, and other deadly weapons, conspiring, confederating and helping one another, with
    intent of gain, did then and there willfully, unlawfully and feloniously enter, by means of violence, the
    dwelling house of the spouses Honorato Miano and Antonia Miano, which was also the dwelling
    house of their children, the spouses Geronimo Miano and Herminigilda de Miano; and, once inside
    the said dwelling house, the above-named accused with their five (5) other companions, did attack,
    hack and shoot Geronimo Miano and another person by the name of Norberto Aton, who happened to
    be also in the said dwelling house, thereby inflicting upon the said two (2) persons physical injuries
    which caused their death; and thereafter the same accused and their five (5) other companions, did
    take and carry way from said dwelling house cash money amounting to Three Hundred Twenty-two
    Pesos (P322.00), Philippine Currency, belonging to Honorato Miano and Geronimo Miano, to the
    damage and prejudice of the said Honorato Miano and the heirs of the deceased Geronimo Miano in
    the sum of Three Hundred Twenty-two Pesos (P322.00) with respect to the amount robbed, and also
    to the damage and prejudice of the heirs of deceased Geronimo Miano and Norberto Aton by reason
    of the death of these two persons.
     The record discloses that after the trial, judge had repeatedly apprised Apduhan of the severity of the
    offense for which he was indicted and the strong possibility that the capital penalty might be imposed
    upon him despite a plea of guilty, Apduhan persisted in his intention to plead guilty with the request,
    however, that the death penalty be not imposed

    Issue:

    WON the aggravating circumstance of dwelling could be appreciated.

    Held:

    While an unqualified plea of guilty is mitigating, it at the same time constitutes an admission of
    all the material facts alleged in the information, including the aggravating circumstances therein recited.
    The four aggravating circumstances are (1) band; (2) dwelling; (3) nighttime; and (4) abuse of superior
    strength. The circumstance of abuse of superiority was, however, withdrawn by the prosecution on the
    ground that since the offense of robbery with homicide was committed by a band, the element of cuadrilla
    necessarily absorbs the circumstance of abuse of superior strength. We believe that said withdrawal was
    ill-advised since the circumstances of band and abuse of superiority are separate and distinct legal
    concepts. The element of band is appreciated when the offense is committed by more than three armed
    malefactors regardless of the comparative strength of the victim or victims. Hence, the indispensable
    components of cuadrilla are (1) at least four malefactors and (2) all of the four malefactors are armed. On
    the other hand, the gravamen of abuse of superiority is the taking advantage by the culprits of their
    collective strength to overpower their relatively weaker victim or victims. Hence, in the latter aggravating
    factor, what is taken into account is not the number of aggressors nor the fact that they are armed, but
    their relative physical might vis-a-vis the offended party.
    The settled rule is that dwelling is aggravating in robbery with violence or intimidation of persons,
    like the offense at bar. The rationale behind this pronouncement is that this class of robbery could be
    committed without the necessity of transgressing the sanctity of the home. Morada is inherent only in
    crimes which could be committed in no other place than in the house of another, such as trespass and
    robbery in an inhabited house. This Court in People vs. Pinca, citing People vs. Valdez, ruled that the
    "circumstances (of dwelling and scaling) were certainly not inherent in the crime committed, because, the
    crime being robbery with violence or intimidation against persons (specifically, robbery with homicide)
    the authors thereof could have committed it without the necessity of violating or scaling the domicile of
    their victim." Cuello Calon opines that the commission of the crime in another's dwelling shows greater
    perversity in the accused and produces greater alarm.

    Dispositive:

    Notwithstanding the foregoing disquisition, for failure to secure the required number of votes, the
    penalty of death cannot be legally imposed. The penalty next lower in degree - reclusion perpetua - should
    consequently be imposed on the accused.

    ACCORDINGLY, with the modification that the death sentence imposed upon Apolonio Apduhan,
    Jr. by the court a quo is reduced to reclusion perpetua, the judgment a quo is affirmed in all other
    respects, without pronouncement as to costs.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy