Against all the accused, there is the aggravating circumstance of the crime committed at night time. In the case at bar, the killing of the late Crispin Diza is one of Murder as there is the qualifying circumstance of treachery. So that if in the killing there is an attendant circumstance qualifying it to murder, the penalty for murder shall be imposed. The word homicide includes all kinds of killing. chanroblesvirtualawlibrary chanrobles virtual law library When by reason or on of an attempted or frustrated robbery a homicide is committed, the 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 provision of this code. chanroblesvirtualawlibrary chanrobles virtual law libraryĪrticle 297 of the Revised Penal Code provides:Īttempted and Frustrated Robbery committed under certain circumstances. WHEREFORE, in view of all the foregoing, the Court hereby renders judgment CONVICTING the accused Abe Rosario and Erwin Rivera guilty beyond reasonable doubt of the crime of Attempted Robbery with Homicide and Melchor Balanay guilty beyond reasonable doubt of the crime of Attempted Robbery. Trial ensued and judgment was rendered by the trial court on 21 January 1992 as follows: 1 chanrobles virtual law libraryĪt arraignment, Rosario, Rivera and Balanay entered a plea of not guilty. chanroblesvirtualawlibrary chanrobles virtual law libraryĬontrary to law. The killing is aggravated with treachery. Manarang, Vintar, Ilocos Norte, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, conspiring, confederating and mutually helping one another with intent to gain and being then heavily armed with high-powered firearms, did then and there wilfully, unlawfully and feloniously force their way to the house of Crispin Diza and while inside, with violence and intimidation against persons, demanded from the inmates of the house to bring out their money, but when the latter failed to do so, Abe Rosario shot Crispin Diza on the face, thereby inflicting upon him a mortal gunshot wound which inevitably caused his instantaneous death. That on or about 13 July 1990, at about 11:15 o'clock at night, in Brgy. chanrobles virtual law libraryĪBE ROSARIO and ERWIN RIVERA, accused-appellants.Ībe Rosario, Erwin Rivera and Melchor Balanay were charged with Attempted Robbery with Homicide in an information which read as follows: ABE ROSARIO, ERWIN RIVERA and MELCHOR BALANAY, accused. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. Home > ChanRobles Virtual Law Library > Philippine Supreme Court Jurisprudence >
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