CMM DIGEST People v Dio June 29, 1984 Robbery

(Criminal Law I)

Plaintiff: People Defendant:Dio Ponente: Abad Santos RELATED LAWS: RPC 297: When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, any person guilty of such offenses shall be punished by reclusion temporal in its maximum period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this code.

FACTS: CrispuloAlega was with his girlfriend. They went to Pasay City Public Market. They were walking up the stairs when Remedios saw Tobias twisting the neck of her boyfriend, while Dio was holding his 2 hands. Tobias tried to divest Crispulo of his Sekio wristwatch, but he resisted. Tobias then stabbed him on the left side of his chest. He ran and fell down in front of Pasay Commercial Bank, still in possession of his watch. Autopsy revealed that he died because of the wound at the region below his left breast, which penetrated his heart. 1. Testimony of Eyewitness RemediosManiti (girlfriend) 2. Testimony of Patrolman and Sargent 3. Confession of defendant-appellant (Exhibit D) Circuit Criminal Court: Robbery with Homicide, death penalty ISSUE: (1) Whether he should be convicted of special complex crime of robbery with homicide or attempted robbery. (2) WON there are aggravating circumstances HOLDING/RATIO: (1) Attempted Robbery -they were unsuccessful of divesting the victim of his wristwatch -killing of victim considered merely incidental -RPC 297 (2) No aggravating circumstances JUDGMENT: Special Complex Crime of attempted Robery with homicide Indeterminate penalty of 10 yrs and 1 day prison mayor as minimum to 20 yrs reclusion temporal as maximum

OBITER DICTUM: Tobias still at large.