home reading a novel. PEOPLE V RODIL Other characters who were at home: Characters: Having lunch o Nephews Fidel, Pacito, Jr., and Roberto o PC Lt. Guillermo Masana+ o Sisters Blesilda and Salvacion o PC soldier Virgilio Fidel o Mother Consolacion Grulla o Coast Guard Ricardo Ligsa o Niece Alma o Patrolman Felix Mojica o Maid Avelina Bordeos They saw Floro Rodil (appellant) outside the resto 10-11PM Pacito Sto. Tomas (Salvacions husband) blowing his whistle. Masana and Fidel then arrived at the house and knocked at the front door. approached him. Masana asked Rodil if the gun in When Nat went to open, Pacito was already at the his waist is licensed. Instead of answering, Rodil back door. stepped backwards and appeared to draw his gun. Salvacion proceeded to meet him in the kitchen, Fidel immediately grabbed Rodils gun, and gave it then Pacito asked his wife and their children to go to to Masana. Masana ordered Rodil to go inside the Legaspi City. resto. Masana and Rodil occupied a separate table. Consolacion was awakened by the convo and joined Once seated, Masana placed Rodils gun on the the sps in the sala. Pacito, my daughter cannot go table and pulled out a bond paper where he wrote with you to Legaspi because she does not want to the receipt for the gun. Signed it and asked Rodil to live with you. She can no longer endure the countersign it. Rodil refused, asked to have his gun sufferings she is undergoing because of your back. Masana rejected, said they would talk about it jealousy. over the Indang mun. bldg. Pacito: May, I cannot talk over this thing with you Masana was about to stand up when Rodil pulled any longer and I would like Vacion to go with me to out a double-bladed dagger, stabbed Masana Legaspi. several times. Chest and stomach. Died. Salvacion said she cannot go bec their youngest Pol. Primo Panaligan, also having his lunch nearby, baby, Blesilda (7 mos) has fever. was quick to rescue. Able to grab Rodil and wrested Nat, in her room later, heard a series of gunshots. the dagger from him. Pacito fired at Salvacion. Also saw their mother, ISSUE: Was the crime committed murder or seated on a chair, motionless. homicide merely or murder or homicide complexed Natividad tried to escape but Pacito also fired at her. with assault upon an agent of authority? She ran and met Reynaldo Masanque and Hospicio SC: the appellant is accused of murder only. Pasibi. Consequently, either aggravating circumstance Sixto, a brother of Nat, went to the scene also after should be considered in the imposition of the hearing the gunshots. p e n a l t y. A p p e l l a n t g u i l t y o f H O M I C I D E SC: Dwelling is NOT an aggravating circ in this case AGGRAVATED BY CONTEMPT FOR OR INSULT bec Salvacions stay in Consolacions house is TO A PUBLIC AUTHORITY OR DISREGARD OF merely temporary. THE RESPECT DUE THE OFFENDED PARTY ON Parricide for Salvacions death. Murder for ACCOUNT OF HIS RANK. Consolacions, and F-Murder for Nat. Appellant suddenly stabbed the victim w/o giving him a chance to defend himself. PEOPLE V APDUHAN May 23, 1961, 7PM, in Bohol. PEOPLE V TAC-AN Perpetrators entered the house of Honorato Miano Renato Tac-an and Francis Escano were close and Antonia Miano carrying armed weapons friends, classmates in high school, both members of o Apolonio Apduhan, Jr. Bronx. But Francis withdrew from said gang because o Rodulfo Huiso of the advice of his mother. Mom saw Renato o Felipe Quimson carrying a handgun. Perps, once inside their house, attacked, hacked, Things turned sour bw the 2. An earlier altercation and shot, Geronimo Miano and Norberto Aton. Died. happened bw them re: Renatos chair being seated Perps took cash from their house P322.00 belonging on by Francis. to Honorato and Antonia. 15 mins later, Renato went home, gun his gun, and Trial: From NG to G plea. When he pleaded G, entered Math class looking for Francis. Renato fired requested no death penalty. 4 times, 4th time tinamaan na si Francis sa head. SC: Robbery w homicide. Renato went outside and a teacher unknowingly Aggravating: asked for his help re: Francis. Said he was still alive. o Robbery in BAND. (group). Renato knew Francis was alive so he went back to o Dwelling the classroom and aimed at his chest. o Nighttime RTC: the shooting death Francis had been done in o Abuse of superior strength contempt of or with insult to the public authorities (the presence of Mr. Damaso, Math PEOPLE V GARCIA teacher, who was then checking the attendance, but Ma. Corazon Dioquino, went to Bills Place at M. did not deter the accused to do his act.) dela Cruz in Pasay bec her husband informed her SC: Criminal Case No. 4007 (illegal possession) that Apolonio Dioquino, Jr. (brother) was there in a reclusion perpetua. Criminal Case No. 4012 drinking spree w his gang (led by Antonio Garcia (murder) Evident premed & insult to public and Reynaldo Arviso). 3AM. B.I. daw yung gang na authorities are DELETED. Dangerous drugs and yon for her bro. unlicensed firearm also DELETED. When she got there, she saw her bro being chased by the gang, w Antonio carrying a long sharp PEOPLE V STO. TOMAS instrument. She hid herself to avoid trouble, then she heard a gunshot. From where she was hiding she saw the group, Aug 2, 1918 Baluyot went to Orion, Bataan, taking maltreated her brother. The group scampered away w him a revolver but Antonio was left behind, and Corazon saw him Aug 3, 1918, 9AM Baluyot went to Balanga, stabbing Apol in the back. Bataan, in the provl bulding where he inquired for RTC: Murder with Aggravating: Gov. Conrado o Nighttime 11AM, same day Gov. Conrado arrived. Pinauna o Superior strength muna yung may isang nakipag-appoint ng meeting, o Treachery si Antonio Aranjuez, and after him, si Baluyot na. SC: Homicide only. With Voluntary Surrender as According to the lower court, Baluyot fired within a Mitigating, with abuse of superiority and nocturnity few seconds when he entered Govs office. Upon as aggravating. discovering Gov was unarmed, Baluyot drew his own revolver and fired. US V MANALINDE Gov tried to escape after 2 gunshots, and take The Moro Manalinde - refuge inside a closet at the end of the corridor. o Wounded Juan Igual (Spaniard) on the head Baluyot fired at the direction of the cabinet and was delivered from behind w a kris able to hit Gov in the forward part of the head. Died. o Approached a Chinaman named Choa and Trial Court: Murder (w treachery, evident premed, attacked him w the same weapon. Died. done while a public authority is in the discharge of Trial court: Murder duty) Moros Story SC: Affirmed. Penalty reduced from death to cadena o His wife died 100 days ago perpetua. o He was ordered by Datto Rajahmudah 1. Mupuck to go juramentado in Cotabato and 2. PEOPLE V ESCOTE go kill somebody to avenge against a Sept 28, 1996, midnight Rodolfo Cacatian lieutenant and a sergeant drove the Five-Star Passenger bus from Pasay o If successful, hed be rewarded w a pretty terminal to Pangasinan. Also on board: Romulo woman Digap, regular conductor. o If caught, say that orders came from Camachile, Balintawak accused Victor Acuyan Maticayo, Datto Piang, Tambal and Inug and Juan Escote, Jr. boarded the bus. Along SC: RTCs decision affirmed. Aggravating: evident Plaridel, Bulacan, the two declared a holdup. premeditation Juan fired upwards to awaken and scare off Accused thoughtfully meditated over the dattos passengers, and Victor followed another orders especially when he knew there would be a gunshot. reward if he is successful The 2 took money and other valuables of the passengers. Also took the fares collected by the PEOPLE V DISCALSOTA conductor Romulo. Characters: Further went to a certain passenger SPO1 Jose o Herbert Suarnaba C. Manio, Jr. Felons demanded for his ID and o Jenny Aplaza service gun and afterwards shot him on the o Pedro Ramos mouth, right ear, chest, and right side of the o Rowell Lavega body. Went to Plaza Mart, then decided to visit their friend, Felons moved towards driver Rodolfo and told him Novieboy del Rosario. At the house of Novie, while to maintain the speed of the bus. They alighted the they were enjoying themselves, they were startled bus along the overpass in Mexico, Pampanga. by 9 men shouting outside the house. Rodolfo and Romulo reported the incident to the After a series of altercation, fast forward tayo sa , police authorities when the bus reached Dau, fighting scenes. Mabalacat, Pampanga. While they were trying to escape the scene, the A month after, Oct 25, 1996 SPO3 Romeo attacker caught up w Herbert and attacked thrust his Meneses and other police were at the police knife at his back. checkpoint along natl highway in Tarlac, Tarlac. Pedro and Rowell identified the attacker as Sueene A white-colord taxi cab w/o plate come to view. Discalsota. Driver turned out to be Escote, and identified himself RTC: murder for Herberts death. as a policeman. Showed ID of Manio, Jr. (yung SC: Homicide lang. No treachery and evident pinatay nila sa bus), but Meneses became premed. suspicious bec said ID was already expired. No Treachery: victim had the opportunity to escape. Meneses further asked for payslip. Escote cant Also the attack was not sudden as he was in a produce any, and finally confessed. menacing approach. Trial court: Robbery with homicide No evident premed: no proof as to the cool thought SC: Decision affirmed but treachery is not and reflection to carry out the criminal intent during a appreciated. RWH is a crime against property and space of time sufficient to arrive at a calm judgment. treachery is only applicable to crime against persons. US V BALUYOT Murder of Conrado Lerma (Bataan governor) PEOPLE V CARATAO June 6, 1916 general elections, Conrado won as SERGIO CARATAO: Bataan governor. Jose Baluyot 3rd place. Baluyot o April 27, 1992, 4P M he was w his wife at was imbued w the idea that Gov was persecuting the NALCO Commissary Canteen. He him. requested the victim Edgardo Tado Bulawin 1918 Baluyot prosecuted in CFI Manila w estafa ! for his rice vale. Edgardo did not issue him relieved from the position of being the captain in the his rice vale share. national guard in connection w this case o When Edgardo was about to leave riding his o They knocked on the door and when SPO1 motorcycle, dun na nangyari yung saksakan opened, he was armed w a gun. So event. Jonathan moved away and when he left o Sergio interposed self-defense to exculpate SPO1s house, he heard 2 gunshots wc himself. prompted him to hide behind the nearest SC: No self-defense. No unlawful aggression from wall. the victim. o When he looked back, SPO1 was already But no treachery because killing was done at the aiming the revolver directly at his face and w spur of the moment, and no sufficient evidence that no hesitation shot him at close range. He Sergio deliberately adopted the mode of attack. blacked out and when he woke up, to his aid Sergio is guilty of HOMICIDE. was Leonila Lopez. Was rushed to the hospital. PEOPLE V SITCHON PROSECUTION: Leonila Lopez PROSECUTION: 1) Lilia Garcia o Her house was right across SPO1s house. o Emelito Sitchon lived in the 2nd flr of a house Sept 2, 1993, 8PM she heard 2 gunshots located at 2001 Batangas St,, Tondo, coming from SPO1s house. Manila. In the 1st flr was his neighbour Lilia o She was about to close her windows when Garcia she saw Jonathan running toward her house o June 12, 1996, 10AM Lilia was in front of and SPO1 following him. She saw SPO1 their house when she heard a boy crying. shot Jonathan on the cheek. She went upstairs and saw Sitchon beating PROSECUTION: Dr. Roberto Garcia (medico-legal) 2y/o Mark Anthony Macky Fernandez. Lilia o Julian Ancheta sustained 3 gunshot wounds. saw Sitchon hit various parts of the boys 1 pierced at the back of his left forearm. 1 body with a piece of wood. entered rear left portion of the neck. Fatal o Beating went on for 1hour. Then Lilia saw bullet entered thru the front portion of left Sitchon carry the boy to the hospital. The ear, without an exit wound. boy was already black and no longer DEFENSE: SPO1s testimony moving. o Night of Sept 2, 1993 he and his wife and PROSECUTION: 2) Roberto Fernandez (8 y/o bro of his son were already sleeping and Macky) awakened by the sound of someone o Macky scattered his feces all over the banging at the door. Pare, buksan mo ito, house. Sitchon then beat Macky with a belt, he heard from outside. a hammer and a 2x2 pc of wood. o For protection, SPO1 readied his gun before o He was scared so he was not able to do opening the door. Upon seeing the 2, SPO1 anything while Sitchon was beating his inquired why he was addressed as pare by brother. his bro, Julian. Instead of answering, Julian DEFENSE: Emelito Sitchon (appellant) angrily asked why he was holding a gun. o Sitchon admitted killing Macky, son of his Basta, they grappled and the gun live-in partner. accidentally fired twice daw. o He killed the boy only because he was o SPO1 took his family to his wifes cousin, under the influence of shabu, MJ, and and around 6PM the next day, Sept 3, 1996, Valium 10 at that time. He further professed he surrendered at PNP Caloocan City. he began using drugs in 1974 and that he Mar 26, 1999 the trial court found SPO1 guilty of had also taken drugs 2 weeks before the Murder of Julian Ancheta, and F-Murder of Jonathan incident. Aromin. o Came upon Macky playing w his feces, SC: Prosecution was not able to establish treachery scattering them all over the pillow, the bed and deliberate intent to kill. sheets and the curtains. o Crim Case No. C-44939 (Julian Ancheta) o Sitchon got hold of Macky but the boy Murder to Homicide struggled to free himself from his grasp. o Crim Case No. C-44940 (Jonathan Aromin) o Still reeling from the Valium 10 he had F-Murder to F-Homicide taken, Sitchon got angry and picked up a broom w a wooden handle and hit the boy w PEOPLE V ALFANTA it. NITA FERNANDEZ (offended party) o Sitchon brought Macky to the hospital and o Aug 26, 1995, 12mn while asleep in the pleaded to the doctor to save him. Macky residence of a friend at AFOVAI Fort died and on the same day, he surrendered Bonifacio, Makati City to the police. o A man whom she hadnt seen before Trial court: Murder suddenly entered the house, pulled her, SC: Affirmed, in view of the attendance of the boxed her jaw, and put his hand on her aggravating circumstance of treachery (killing of a mouth, and told her that if she wont obey minor who could not be expected to put up a him, he will kill her. defense). But with mitigating circumstance of lack of o Forced to climb a fence and instructed to go intention to commit so grave a wrong. to a vacant house. She had no choice but to follow because of fear as the man was PEOPLE V ANCHETA holding a bolo. PROSECUTION: Jonathan Aromin (main witness) o At the house ! was told to undress ! the o Sept 2, 1993 he and his neighbour Julian man embraced and kissed her ! lie down Ancheta (victim) went to the house of the and separate her legs ! inserted penis to accused SPO1 Eduardo Ancheta y Rodigol her vag ! told to lie face down ! inserted who just lived across them. penis to her anus ! told to lie face up ! inserted his fingers in & out her private part ! told to go near him and lie beside him thats where she struggled w all her might and broke (rapist na gusto ng cuddling, jusko), and not free from Dizons hold. Scampered to her feet, to dress up first as he was going to take a grabbed her pants, and ran as fast as she could rest. away from the appellant. o She was also told not to tell the others what Arlie then barged in a store that was about to close happened, lahat ng nirape ko ay pinatay ko and informed the people about what happened, but dahil sa ayokong may magsumbong. the owner did not want to get involved so he o While the man was sleeping, she grabbed reminded her to wear pants and referred her to the the knife at his waist and stabbed him on his brgy. chest, but the knife broke. So she got hold of A brgy officer arrived and accompanied her back to the bolo and hacked the man several times. the basketball court to retrieve her things. Dizon o Put on a dress, took the bolo, ran to the wasnt there anymore so Arlie just described him to signal office of soldiers, and admitted she the police. killed a man. With soldiers, they went to the 3 days later, the brgy informed Arlie they had a place where she was raped. Rapist was still suspect who matched her description. They went to there, lying down and still alive. He was Muoz market where appellant was working as a brought to the hospital. tricycle dispatcher. One of the police accosted him o On her cross-examination, Accused is not and upon seeing Arlie, Dizon pulled out his fan knife. my sweetheart. Why will I hack him if he is He was not quick enough and was disarmed by the my sweetheart? Wala lang, bat ba polive officers. He was then brought to the station. nakakatawa yung dialogue ni ate. HAHA. Dizon put up the defense of denial and alibi. Trial court: Accused is guilty of rape, with Trial court: Robbery w rape. 2 aggravating: cruelty aggravating circumstances of nighttime and and uninhabited place. ignominy SC: AFFIRMED the trial courts decision. SC: affirmed. Penalty reduced from death to Cruelty: As recounted by Arlie, Dizon not only raped reclusion perpetua. her but subjected her to various dehumanizing indignities Uninhabited place: Dizon sought the solitude of the PEOPLE V DIZON basketball court to ensure that Arlie would not be July 7, 1997 930PM Arlie Rosalin, 21y/o engg able to call for, or receive, any help. Aside from student from Dinalupihan, Bataan, alighted from a being cloaked by the darkness of the night, the bus as it stopped by a small bridge along EDSA just basketball court was a relatively isolated place, before Roosevelt Ave, QC shielded from the public view by the high walls of the She heard someone call out, Miss!, and when she surrounding houses. Arlie could have screamed at turned around, appellant Renato Z. Dizon was the top of her lungs and nobody still would have already behind her. Seized her, pointing a fan knife heard her. to the side of her neck, then announced a holdup. Told her to face the railing of the bridge and asked for wallet and jewelry. Arlie then complied. Still not content, Dizon got her backpack and warned her that he will kill her and throw her over the bridge as he had done to his other victims, if he finds another wallet in the backpack. After taking all her things, Dizon instructed Arlie to walk w him along EDSA as if they were a couple. All the while, Dizons arm was around Arlies neck and a knife pressed to her side. Dark and empty basketball court. Dizon ordered Arlie to remove her pants & underwear. No choice but to follow him since he was still holding her at knifepoint. Dizon kissed Arlie on the lips, neck, and breasts (wc he also mashed) ! bit her nip 3x, as well as the right side of her back and also her vag ! forced her to bend over a taxi hood and penetrated her vag in this position. Afterwards, Dizon ordered Arlie to hold & massage his penis (wc he boastfully informed the latter carried bolitas) ! forced her to put his penis into her mouth. Still not done, Dizon forced Arlie to lie on the ground. Whenever Arlie tried to resist, Dizon would bang her head on the taxi hood, slam her head on the wall, or slap her hard in the face. So she was pushed to the ground, and there was ravished by Dizon all over again. Dizon still refused to let go of Arlie even though he was admittedly spent by now. (ANG KAPAL?) Made her sit astride over him and held her tightly by the hair w both hands so she could not escape. When Arlie hesitated to insert his penis inside her, Dizon removed one hand from her hair and groped in the dark. Arlie sensed he was reaching for his knife, and