BALANUECO, Richelle Queen

149 People v. San Pedro

G.R. No. L-44274

FACTS

On June 2, 1970 between the barrios of Masaya and Paciano Rizal Municipality of Bay, Laguna,
Felimon Rivera (a jeepney driver) was killed. He died of profuse hemorrhage due to 23 lacerated
and stab wounds and multiple abrasions found on the different parts of the body.

Four days prior to the date of crime, Luisito, Artemio, and others planned to steal the jeep of the
victim. They then rented Rivera's jeep to haul coconuts (with him as driver), where they proceeded
to Brgy. Puypuy in Bay, Laguna. They were joined by Salvador Litan and Rodrigo Esguerra.

At Esguerra's signal, Litan hit Rivera at the nape with a water pipe. Rivera jumped out of the jeep
but was chased by San Pedro and Litan who stabbed him at the back several times with a dagger.
Esguerra then drove the jeep and the group proceeded to Makati, Rizal, where he was joined by
Nelson Piso and Antonio Borja. The jeep was sold for Php 2,000.00 at Cavite. Piso then went to Los
Baños after four days and gave San Pedro, Litan and Banasihan Php 50.00 each.

On June 11, 1971, police caught Rodrigo Esguerra. He then admitted his participation and named
his companions. Artemio Banasihan was apprehended in 1972.

Issue

1. WON the aggravating circumstance of “Craft” can be joined as one with “Treachery”.

2. WON the aggravating circumstances could be offset by the mitigating circumstance of

“Lack of Instruction”.

HELD:

1. No ; 2. No.

Treachery is when the victim did not have a chance to defend himself at the time of the crime.
Craft on the other had is intellectual trickery to lure the victim.

There was treachery because the criminals attacked the victim in surprise and he was unarmed.
There was craft because the criminals tricked the victim to bring them (and the jeep) to a secluded
area.

Therefore, these two aggravating circumstances are separate for this case and cannot be
combined into one. With the presence of two aggravating circumstances, the single mitigating
circumstance of lack of instruction will not make any difference. The mitigating circumstance of
“lack of instruction” cannot be considered because With the presence of two aggravating
circumstances, the single mitigating circumstance of lack of instruction will not make any
difference.