Professional Documents
Culture Documents
CA
Facts: Nicanor Napolis, with several co-accused,
entered the house of the Penaflor spouses by breaking
a wall of a store, and forcing the door of the house
adjacent to the store open. Once inside, the accused
used violence against the husband and initimidation
against the wife, enabling them to get away with
P2557 in cash and goods. They were convicted of
robbery by armed men in an inhabited place.
Held: The crime is considered a complex one under
Art 48, where the penalty for the most serious offence
in its max period should be imposed. Otherwise, there
will exist an absurd situation where the concurrence of
a graver offence results in the reduction of the penalty.
People vs Moreno
Facts: Accused Moreno, Deloria and Maniquez robbed
the Mohnani spouses. Deloria raped househelp Narcisa
while Maniquez raped househelp Mary Ann. Moreno
was convicted of robbery while Deloria and Maniquez,
robbery with rape.
Held: Moreno who took no part in the rape is guilty of
robbery only. Ruling was correct.
People v. Sultan
G.R. No. 132470(April 27, 2000)
The victim was abducted by the appellant, who brought
her to his house. When they arrived at the appellants
house the victim was divested of her jewelry and other
valuables, afterwhich she was raped several times.
The appellant was convicted of the special complex
crime of robbery with homicide. Whether multiple rape
can be considered as an aggravating circumstance.
HELD:
No. In several cases the Court realized that there was
no law providing for the additional rape/s or homicide/s
for that matter to be considered as aggravating
circumstance. It further observed that the enumeration
of aggravating circumstances under Art. 14 of the
Revised Penal Code is exclusive, unlike in Art. 13 of the
same Code which enumerates the mitigating
circumstances where analogous circumstances may be
considered, hence, the remedy lies with the legislature.
Consequently, unless and until a law is passed
providing that the additional rape/s or homicide/s may
be considered aggravating, the Court must construe
the penal law in favor of the offender as no person may
be brought within its terms if he is not clearly made so
by the statute. Under this view, the additional rape
committed by accused-appellant is not considered an
aggravating circumstance. Applying Art. 63, par. (2), of
the Revised Penal Code which provides that (i)n all
cases in which the law prescribes a penalty composed
of two indivisible penalties, the following rules shall be
observed in the application thereof x x x x 2. (w)hen
People vs Salvilla
April 26, 1990Melencho Herrera, J
Facts:
Petitioner: Bienvenido Salvilla
April 12, 1986, at about noon time Petitioner,
together with Reynaldo, Ronaldo and Simplicio (all
surnamedCanasares), staged a robbery at the New
Iloilo Lumber Yard
They were armed with homemade guns and a hand
grenade
On their way inside the establishment, they met Rodita
Habiero, an employee there who was on her way out
for her meal break, and informed her that it was a holdup.
They went inside the office and the petitioner pointed
his gun at Severino Choco, the owner, and his two
daughters, Maryand Mimmie. They informed Severino
that all they needed was money.
Severino asked Mary to get a paper bag wherein he
placed P20,000 cash (P5000 acc to the defense) and
handed it to the petitioner.
Simplicio Canasares took the wallet and wristwatch of
Severino after which the latter, his 2 daughters and
Rodita werekept inside the office.
According to the appellant, he stopped Severino from
getting the wallet and watches.
At about 2:00 of the same day, the appellant told
Severino to produce P100,000 so he and the other
hostages can bereleased. Severino told him it would be
hard to do that since banks are closed because it was a
Saturday
The police and military authorities had surrounded the
lumber yard. Major Melquiades Sequio, Station
Commander of the INP of Iloilo City, negotiated with
the accused and appealed to them to surrender. The
accused refused to surrender and release the hostages.
Rosa Caram, OIC Mayor of Iloilo City, joined the
negotiations. Appellant demanded P100,000, a coaster,
and someraincoats. Caram offered P50,000 instead.
Later, the accused agreed to receive the same and to
release Rodita to beaccompanied by Mary in going out
of the office. One of the accused gave a key to Mayor
No. The surrender of the appellant and his coaccused cannot be considered in their favour to
mitigate their liability.
To be mitigating, a surrender must have the following
requisites: that the offender had not been
actuallyarrested, that the offender surrendered himself
to a person in authority or to his agent, and that the
surrender wasvoluntary. The surrender by the
appellant and his co-accused hardly meets these
requirements. There is novoluntary surrender to speak
of.
Note: The nature of the linked offenses (robbery with
serious physical injuries and serious illegal detention)
was also discussed.The detention in the case at bar
was not only incidental to the robbery but was a
necessary means to commit the same so thenature of
the offense was affirmed.
Held:
Judgment appealed is AFFIRMED