045. People vs.

Dioso
G.R. Nos. L-38346-47 | Oct. 23, 1964 | En Banc
Quasi-Recidivism
J. Escolin
Digest by D2015, edited by PS Magno

Short Version:
Gang war between the Batang Mindanao gang and the Happy Go Lucky gang. Both are inside the
New Bilibid Prison. Both accused are serving sentence for previous convictions (homicide and
robbery respectively). Both accused kill 2 members of the Happy Go Lucky gang. SC holds:
 Accused are QUASI-RECIDIVISITS, having committed the crime charged while serving
sentence for a prior offense.
As such, maximum penalty prescribed by law is death, regardless of presence or absence of
mitigating or aggravating circumstances
 BUT for lack of the requisite votes, the Court is constrained to commute the death sentence
imposed on each of the accused to reclusion perpetua.

FACTS:
● Crime committed inside New Bilibid Prison, Muntinlupa, Rizal, where both accused were
serving sentence for previous convictions: Abraca of homicide; Dioso of robbery.
○ Dioso and Abarca were members of “Batang Mindanao” gang, while the victims
Angelito Reyno and Fernando Gomez were members of the “Happy Go Lucky” gang.
○ The 2 gangs were usually involved in intermittent, bloody clashes, the latest of which
resulted in the death of Balerio (member of the BM gang)
○ Dioso and Abarca believed that Reyno and Gomez killed their gangmate, so they set
to avenge his death.
● Sept 12, 1972: Reyno and Gomez were sick and confined in the prison hospital.
○ While accompanied by Dioso, Abarca feigned sicknes to enter the ward.
○ They saw Reyno taking breakfast with Gomez lying down on a “tarima” under a
mosquito net.
○ Dioso approached Reyno and spoke to him, while Abarca headed to the tarima.
○ Both accused suddenly drew out their improvised knives. Abarca raised the mosquito
net over the tarima and stabbed Gomez, as Dioso simultaneously attacked Reyno
with his knife. After Reyno had fallen, Dioso helped Abarca finish off Gomez.
○ Both victims died due to multiple stab wounds.
● When accused rushed out of the ward, they were met by Prison Guard Enriquito Aguilar.
They game themselves up and handed their weapons to him.
● Accused executed their sworn statements, admitting their responsibility for the victims’
deaths.
● Upon arraignment, both voluntarily entered a plea of gulty.

ISSUE: Are they quasi-recidivists? YES.

RATIO:
● Crime was perpetrated with alevosia since neither of the victims could defend himself from
the sudden, unexpected assault.
● The accused did not seek to impugn the lower court’s conclusion of guilt; instead seeking
attenuation of the death sentence imposed by invoking circumstances of voluntary surrender
and plea of guilty
○ Accused are QUASI-RECIDIVISIT, having committed the crime charged while
serving sentence for a prior offense.
○ As such, maximum penalty prescribed by law is death, regardless of presence or
absence of mitigating or aggravating circumstances

BUT for lack of the requisite votes, the Court is constrained to commute the death sentence imposed
on each of the accused to reclusion perpetua.