1 CASE DIGESTS Aggravating Circumstaces DWELLING

Title G.R. No. L-3510 May 30, 1951 G.R. No. L-43530 August 3,
THE PEOPLE OF THE PHILIPPINES, plaintiff- 1935
appellee, vs. DANIEL MAGNAYE, defendant- THE PEOPLE OF THE PHILIPPINE
appellant. ISLANDS, plaintiff-appellee, vs.
AURELIO LAMAHANG,
defendant-appellant.
Principle Involved A combination of house and store cannot be
considered dwelling as contemplated in
Article 13, paragraph 3 of the RPC.
Facts On the evening of December 9, 1946, while
the deceased, Pedro Bele and his family were
in their small combination house and store in
San Andres, Bondoc, Atimonan, Quezon,
someone called to buy cigarettes.

The caller was recognized Pedro Bele

recognized to be the appellant Daniel
Magnaye.

When the deceased was delivering the

cigarettes to appellant, the latter pulled the
extended arm of the deceased and
immediately stabbed him. The deceased ran
into the room where his wife and children
were, but the appellant followed him and
gave him some more thrust with his knife,
and then left hurriedly.

Before the victim died he was able to relay to

Bonifacio Garin, the person in-charge of the
Security and Home guards of the town that
Magnaye was his attacker and that he
believes he will not survived because of his
wounds.
 2 CASE DIGESTS Aggravating Circumstaces DWELLING

Garin then endorsed the case to the Chief of

Police, in return the same questioned the
victim who reiterated that Magnaye was his
assailant.

Two days later, on December 12, 1946, the

victim died.

Version of On the testimony of Laraquel in open court,

Prosecution on the night of December 9, 1946, appellant
asked him to go with him to the house of the
deceased to buy cigarettes and when the
accused-appellant approached the gates of
the house of the deceased, he saw appellant,
who walked ahead of him, stab the deceased.

He flea because of fright, he hurriedly left the

place and went home and then shortly
thereafter appellant arrived and told him to
admit the stabbing of Bele or else he
(appellant) would kill him.

He was then on February 6, 1947, arrested by

policeman Decena, accompanied by Benito
Tatlonghari and Delfin Jaro, after which he
was brought to the municipal building where
he was severely treated and instructed to
admit the killing of Pedro Bele and because of
the intimidation, he was forced, not only to
execute Exhibit "H", but also to falsely admit
the killing of Bele to the Justice of the Peace,
the Mayor, the Police Sergeant and to a
reporter.
Version of Defense That from December 8 in the afternoon to
the early hours of December 10, 1946, he was
in the house of Severino Kuya in Padre Burgos
 3 CASE DIGESTS Aggravating Circumstaces DWELLING

assisting the latter because a big celebration

in connection with the town fiesta was then
being held in said house.

That it was actually Laraquel who killed Bele

not him.
RTC Ruling Appreciated the mitigating circumstance of
lack of instruction; did not appreciate the
aggravating circumstance of dwelling.
CA Ruling
Issue WON a store where the victim stays with his
family can be considered as dwelling.
RULING No it is not.

Lower court did not err in not taking into

account the aggravating circumstances
pointed out by the Solicitor General.

The combination house and store where the

crime was committed cannot, obviously be
considered as dwelling within the meaning of
Article 14 (3) of the Revised Penal Code.

What is considered as craft by the Solicitor

General is included in treachery, which
qualifies the offense of murder in the present
case.
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