children were callously taken. This gruesome incident shocked the quiet barangay of Pia, San Jacinto,Masbate.
PROSECUTION‟S CASE:Florentino and Lily Julaton went to the polling precinct to cast their votes in the barangay elections. Before leaving, they instructed their 3 children, Gina, 14 years old, Lyn, 8 years old and Rey, 7 years old, to watch their store and prevent strangers from entering their house.Jessie Genova, Jr was about 30 meters away from the Julatons house,when
he heard Dante Aton shouting and inviting him to smoke cigarettes. As he was approaching the house, he noticed thatAton was hiding his right hand behind the door while his left hand was holding a cigarette. Near the door were the bodies of 2 dead children, Gina and Rey. When Aton uttered here he comes,Almoguerra immediately went down the stairs holding assorted coins at his right hand and a bladed knife then forced Genova, Jr to accept the loose coins. Frightened, he received the coins, placed them inside his pocket and ran away. At the moment, he heard them shouting if you tell somebody, we will kill you and your family. He and his fatherGenova, Sr., accompanied the Julatons in bringing the dead tothe Hospital.Upon their return to barangay Pia, he gave the loose coins amounting to P30.75 to his father and told him about the incident.Meanwhile, upon being informed of the incident by Sonny Amor, spouses Julaton immediately returned home.Along the way, they saw Almoguerra on the upper part of the hill near their house.Arriving there, they found all their children dead. They also found that their wooden chest or baul was forcibly opened and that their cash of P15, 000.00 and some loose change were missing.
CONTENTION OF THE ACCUSSED:Josefina went to the polling precinct to cast her .Her husband, Bienvenido, and her children, Charlie, Jerry, Darwin, andRodelyn, were still asleep. After casting her vote she heard that Florentino Julatons children were killed.She then proceeded to their residence .She saw the dead bodies. After informing her family and children about the incident, her husband and their son, Charlie, went to the Julatons house where they stayed for 30 minutes because the latter had a fevercaused by a boil. On July 4, 1994, he was arrested and detained. He admitted that while he was in detention at the Matiporon provincial jail, he escaped with a certain Donggoy and thereafter committed another crime of robbery.
HELD:The circumstance of killing was aggravated by treachery and dwelling. Dwelling is present in this case as aggravating circumstance because robbery could not be committed without the necessity of transgressing the sanctity of the home.The aggravating circumstances of treachery and dwelling have been alleged in the Information and proved by the prosecution by strong and convincing evidenceThe aggravating circumstance of dwelling is present here. Appellants‘ deliberate intrusion in the privacy of the Julatons domicile shows perversity.In People vs.
Feliciano, dwelling is considered aggravating in robbery with homicide because this kind of
robbery cannot be committed without the necessity of transgressing the sanctity of the house. PEOPLE v DALANON 237 SCRA 607 PROSECUTION‟S CASE:OLIVER Cervantes testified he saw Sgt. Hermes Dalanon, SalvadorAlbao, Godelio Monsales armed with long guns. Albao ordered Cervantes at gun point to lie face down. Rodrigo asked Dalanon if they had committed any wrong but Albao replied with a
kick. Albao sought Felicidad and her 2 daughters, Rebecca and Sheila.Albao demanded money
from Felicidad but in vain. Albao was infuriated. He struck Felicidad on the head with a bolo.Dalanon started to sexually molest Rebecca.Disappointed that the Rejusos had no money, Albao brought Rodrigo downstairs. Cervantes heard Rodrigo's painful moan. Upon the instigation of Dalanon, Felicidad was also taken downstairs by Monsales. Cervantes then heard "chopping sounds." It was the turn of Cervantes to be brought down. He saw Rodrigo and Felicidad Rejuso sprawled dead. Sensing that Albao and Monsales were some 2meters away from him, he ran away. They pursued him and fired at him. He hid among the tall grasses. His pursuers missed him in the darkness of the evening.He waited until 2 AM and rushed to the house of Bonifacio Cañares. Bonifacio and Cervantes went to the house of the Barangay Captain Cornelio Carles. Then they went to the Police station.
CONTENTION OF THE ACCUSSED:DALANONalleged that he along with Godelio Monsales, and Nicolas Cervantes escorted Engr. Jaime Bravo, Mrs. Bella Dalanon Panes Bravo, and Benjie to Rancho Bravo in Asid. They arrived there in the evening.They party then left at 2 AM for Bacolod. They sent-off the Bravo family to the Masbate Airport .Exhausted by the trip, he returned to the bunkhouse to rest. He was surprised when he was implicated in the killings of the Rejuso family. More so, when he was made to join the police line-up.
HELD:We affirm the conviction of Dalanon.
Aggravating circumstances that attended the commission of the crime:Dwelling or moradawas
present because the principal crime took place in the house of the victims, although the killings
invasion of the tranquility of the Rejuso's domicile. The Crime Scene Sketch also revealed that human blood stains were found in the bedroom of Rebecca.
DWELLING PEOPLE v ARIZOBAL 341 SCRA 143 PROSECUTION‟S CASE:Clementina Gimenez, wife of victim Laurencio, testified that Clarito Arizobal and Erly Lignes and a third person wearing maskbarged into their bedroom, ransacked their cabinet and scattered everything until they found P8, 000among sheets of paper. They ordered Laurencio to go with them to Jimmy's house. Laurencio went with them. Clementina heard a volley of shots. Her grandchild could only mutter in fear, "Lolo is already dead!" Erlinda Gimenez, wife of Jimmy, narrated that Jimmy with Francisco Gimenez arrived and informed her that they had already bought a carabao. While he skinning a chicken for supper, 3 men suddenly appeared and ordered them to lie face down. They tied Francisco and Jimmy as they whipped the latter with an armalite rifle. The robbers proceeded to ransack the household in search for valuables. They took around P1, 000and told them to produce P100, 000 in exchange for Jimmy's life. The 3 masked men then dragged Jimmy outside the house and together with Laurencio brought them some 50 meters away while leaving behind Clarito Arizobal and Erly Lignes to guard Francisco and Erlinda's son. Moments later she heard a burst of gunfire.The masked men informed Erlinda that Jimmy and Laurencio had been killed for trying to escape.
CONTENTION OF THE ACCUSSED:DENIAL and ALIBI. Lignes testified that he was at the house of Noli Hermosa, attending a house blessing and helped as cook and food server. The occasion was attended by around 20 visitors.He said that he did not know any Clarito Arizobal. HELD:The robbery with killing was aggravated: By dwelling because the robbery is committed
with violence against or intimidation of persons.
The trial court is correct in appreciating dwelling as an aggravating circumstance. Generally, dwelling is considered inherent in the crimes which can only be committed in the abode of the victim, such as trespass to dwelling and robbery in an inhabited place. However, in robbery with homicide the authors thereof can commit the heinous crime without transgressing the sanctity of the victim's domicile. In the case at bar, the robbers demonstrated an impudent disregard of the inviolability of the victims' abode when they forced their way in, looted their houses, intimidated and coerced their inhabitants into submission, disabled Laurencio and Jimmy by tying their hands before dragging them out of the house to be killed.
The Decision of the RTC finding ERLY LIGNES and CLARITO ARIZOBAL GUILTY of Robbery with Homicide and imposing upon both of them the penalty of DEATH is AFFIRMED with the MODIFICATION.
PEOPLE v DANIELA 401 SCRA 519 FACTS: Manuel Daniela, armed with a .38 caliber gun entered the bedroom of Ronito Enero and Maria Fe. He poked the said gun on Maria Fe. She woke up and attempted to stand up but Manuel ordered her to lie down. Manuel ordered Jose Baylosis to tie her hands and put a tape on her mouth. On orders of Manuel, Jose woke up Leo and brought him to the room. Jose tied the hands of Leo behind his back. Jose and Manuel then divested Maria Fe of her necklace, rings and earrings. They ransacked the room but failed to find money. Julifer woke up but Manuel and Jose threatened to kill her if she shouted. The two tied Julifer‘s hands at her back. Manuel threatened to explode the grenade tucked under his shirt and kill Maria Fe, her family and their househelps if she refused to surrender her money. Petrified, Maria Fe took the money from her waist pouch and gave the same to Manuel and Jose. Manuel took a blanket and ordered Jose to kill Ronito with it. Jose went to the kitchen, got a knife, covered Ronito with the blanket and sat on top of him then stabbed the latter several times. Manuel also stabbed Ronito on different parts of his body. Ronito could only groan like a dying pig. Manuel hit Ronito with the butt of his gun. Jose slit the throat of Ronito and took the latter‘s wristwatch and ring. Manuel then untied Julifer removed her clothes and panties and then raped her. She could do nothing but cry. Manuel and Jose stayed in the house until 4:00 a.m. Before they left, Manuel and Jose told Maria Fe that they were acting on orders of Rolando Pedrejas, Joel Colejara, Grace Pabulacion and Juliet Capuno
CONTENTION OF THE ACCUSSED:Manuel admitted having killed Ronito. He however claimed that he stabbed Ronito in self-defense and in defense of Jose. He also said that he, Potot, Ronito and Jojo, the younger brother of Maria Fe, had been engaged in robberies in. Sometime in September 1995, the four robbed a person of P50,000. However, Manuel failed to get his share of the loot while Ronito, Jojo and Potot got theirs. Manuel was bitter. He later learned in December 1995 that Ronito and Maria Fe had left Davao City and settled in Cebu City. On March 26, 1996, Manuel and Jose arrived in Cebu City to contact Ronito and to get his share of the loot. Manuel met Ronito on March 29, 1996 at the jai-alai. Ronito told Manuel to visit him where they can talk. Manuel agreed. In the evening on March 30, 1996, Manuel and Jose arrived in the house of Ronito. Manuel wanted to get his share of the loot from Ronito. Manuel, Jose and Ronito had a drinking spree. However, at about two o‘clock at dawn, the next morning, Manuel and Ronito had an altercation when Manuel demanded that Ronito give him his share of the loot. Ronito was peeved and told Manuel that he had long given him his share through a friend. Ronito whipped out a knife and stabbed Manuel. The latter tried to wrest the knife from Ronito but failed. However, Jose grappled with Ronito and managed to wrest possession of the knife. Jose then gave the knife to Manuel who stabbed Ronito with it.
Manuel denied raping Julifer, and divesting Ronito and Maria Fe of their valuables. Jose did not anymore testify
HELD:Dwelling is not aggravating in this case as it was not alleged in the amended information
The trial court sentenced both appellants to death on its finding that the robbery with homicide was aggravated by nighttime and dwelling. It appreciated the plea of guilty as a mitigating circumstance in favor of the appellants.The trial court correctly appreciated dwelling as an
aggravating circumstance against the appellants. There was no provocation on the part of Ronito
and Maria Fe. The crime was committed in their dwelling. This Court held that dwelling is aggravating because of the sanctity of privacy the law accords to human abode. He who goes to another‘s house to hurt him or do him wrong is more guilty than he who offends him elsewhere. However, dwelling is not aggravating in this case as it was not alleged in the amended information. Under Section 9, Rule 10 of the Revised Rules of Court, aggravating circumstances must be alleged in the informationand proved otherwise, even if proved but not alleged in the information, the same shall not be considered by the Court in the imposition of the proper penalty on the accused. Although the rule took effect only on December 1, 2000, however, the same may be applied retroactively.
PEOPLE v DE LOS SANTOS G.R. No. 134525