ART.

14

PEOPLE V RODIL
Characters: Having lunch
o PC Lt. Guillermo Masana+
o PC soldier Virgilio Fidel
o Coast Guard Ricardo Ligsa
o Patrolman Felix Mojica
They saw Floro Rodil (appellant) outside the resto
blowing his whistle. Masana and Fidel then
approached him. Masana asked Rodil if the gun in
his waist is licensed. Instead of answering, Rodil
stepped backwards and appeared to draw his gun.
Fidel immediately grabbed Rodils gun, and gave it
to Masana. Masana ordered Rodil to go inside the
resto. Masana and Rodil occupied a separate table.
Once seated, Masana placed Rodils gun on the
table and pulled out a bond paper where he wrote
the receipt for the gun. Signed it and asked Rodil to
countersign it. Rodil refused, asked to have his gun
back. Masana rejected, said they would talk about it
over the Indang mun. bldg.
Masana was about to stand up when Rodil pulled
out a double-bladed dagger, stabbed Masana
several times. Chest and stomach. Died.
Pol. Primo Panaligan, also having his lunch nearby,
was quick to rescue. Able to grab Rodil and wrested
the dagger from him.
ISSUE: Was the crime committed murder or
homicide merely or murder or homicide complexed
with assault upon an agent of authority?
SC: the appellant is accused of murder only.
Consequently, either aggravating circumstance
should be considered in the imposition of the
p e n a l t y. A p p e l l a n t g u i l t y o f H O M I C I D E
AGGRAVATED BY CONTEMPT FOR OR INSULT
TO A PUBLIC AUTHORITY OR DISREGARD OF
THE RESPECT DUE THE OFFENDED PARTY ON
ACCOUNT OF HIS RANK.
Appellant suddenly stabbed the victim w/o giving
him a chance to defend himself.

PEOPLE V TAC-AN
Renato Tac-an and Francis Escano were close
friends, classmates in high school, both members of
Bronx. But Francis withdrew from said gang because
of the advice of his mother. Mom saw Renato
carrying a handgun.
Things turned sour bw the 2. An earlier altercation
happened bw them re: Renatos chair being seated
on by Francis.
15 mins later, Renato went home, gun his gun, and
entered Math class looking for Francis. Renato fired
4 times, 4th time tinamaan na si Francis sa head.
Renato went outside and a teacher unknowingly
asked for his help re: Francis. Said he was still alive.
Renato knew Francis was alive so he went back to
the classroom and aimed at his chest.
RTC: the shooting death Francis had been done in
contempt of or with insult to the public
authorities (the presence of Mr. Damaso, Math
teacher, who was then checking the attendance, but
did not deter the accused to do his act.)
SC: Criminal Case No. 4007 (illegal possession)
reclusion perpetua. Criminal Case No. 4012
(murder) Evident premed & insult to public
authorities are DELETED. Dangerous drugs and
unlicensed firearm also DELETED.
PEOPLE V STO. TOMAS

May 23, 1967, 10PM. Natividad Grulla (19 y/o) at

home reading a novel.
Other characters who were at home:
o Nephews Fidel, Pacito, Jr., and Roberto
o Sisters Blesilda and Salvacion
o Mother Consolacion Grulla
o Niece Alma
o Maid Avelina Bordeos
10-11PM Pacito Sto. Tomas (Salvacions husband)
arrived at the house and knocked at the front door.
When Nat went to open, Pacito was already at the
back door.
Salvacion proceeded to meet him in the kitchen,
then Pacito asked his wife and their children to go to
Legaspi City.
Consolacion was awakened by the convo and joined
the sps in the sala. Pacito, my daughter cannot go
with you to Legaspi because she does not want to
live with you. She can no longer endure the
sufferings she is undergoing because of your
jealousy.
Pacito: May, I cannot talk over this thing with you
any longer and I would like Vacion to go with me to
Legaspi.
Salvacion said she cannot go bec their youngest
baby, Blesilda (7 mos) has fever.
Nat, in her room later, heard a series of gunshots.
Pacito fired at Salvacion. Also saw their mother,
seated on a chair, motionless.
Natividad tried to escape but Pacito also fired at her.
She ran and met Reynaldo Masanque and Hospicio
Pasibi.
Sixto, a brother of Nat, went to the scene also after
hearing the gunshots.
SC: Dwelling is NOT an aggravating circ in this case
bec Salvacions stay in Consolacions house is
merely temporary.
Parricide for Salvacions death. Murder for
Consolacions, and F-Murder for Nat.

PEOPLE V APDUHAN
May 23, 1961, 7PM, in Bohol.
Perpetrators entered the house of Honorato Miano
and Antonia Miano carrying armed weapons
o Apolonio Apduhan, Jr.
o Rodulfo Huiso
o Felipe Quimson
Perps, once inside their house, attacked, hacked,
and shot, Geronimo Miano and Norberto Aton. Died.
Perps took cash from their house P322.00 belonging
to Honorato and Antonia.
Trial: From NG to G plea. When he pleaded G,
requested no death penalty.
SC: Robbery w homicide.
Aggravating:
o Robbery in BAND. (group).
o Dwelling
o Nighttime
o Abuse of superior strength
PEOPLE V GARCIA
Ma. Corazon Dioquino, went to Bills Place at M.
dela Cruz in Pasay bec her husband informed her
that Apolonio Dioquino, Jr. (brother) was there in a
drinking spree w his gang (led by Antonio Garcia
and Reynaldo Arviso). 3AM. B.I. daw yung gang na
yon for her bro.
When she got there, she saw her bro being chased
by the gang, w Antonio carrying a long sharp
instrument. She hid herself to avoid trouble, then
she heard a gunshot.

From where she was hiding she saw the group,

maltreated her brother. The group scampered away
but Antonio was left behind, and Corazon saw him
stabbing Apol in the back.
RTC: Murder with Aggravating:
o Nighttime
o Superior strength
o Treachery
SC: Homicide only. With Voluntary Surrender as
Mitigating, with abuse of superiority and nocturnity
as aggravating.

US V MANALINDE
The Moro Manalinde o Wounded Juan Igual (Spaniard) on the head
delivered from behind w a kris
o Approached a Chinaman named Choa and
attacked him w the same weapon. Died.
Trial court: Murder
Moros Story
o His wife died 100 days ago
o He was ordered by Datto Rajahmudah
Mupuck to go juramentado in Cotabato and
go kill somebody to avenge against a
lieutenant and a sergeant
o If successful, hed be rewarded w a pretty
woman
o If caught, say that orders came from
Maticayo, Datto Piang, Tambal and Inug
SC: RTCs decision affirmed. Aggravating: evident
premeditation
Accused thoughtfully meditated over the dattos
orders especially when he knew there would be a
reward if he is successful

PEOPLE V DISCALSOTA
Characters:
o Herbert Suarnaba
o Jenny Aplaza
o Pedro Ramos
o Rowell Lavega
Went to Plaza Mart, then decided to visit their friend,
Novieboy del Rosario. At the house of Novie, while
they were enjoying themselves, they were startled
by 9 men shouting outside the house.
After a series of altercation, fast forward tayo sa ,
fighting scenes.
While they were trying to escape the scene, the
attacker caught up w Herbert and attacked thrust his
knife at his back.
Pedro and Rowell identified the attacker as Sueene
Discalsota.
RTC: murder for Herberts death.
SC: Homicide lang. No treachery and evident
premed.
No Treachery: victim had the opportunity to escape.
Also the attack was not sudden as he was in a
menacing approach.
No evident premed: no proof as to the cool thought
and reflection to carry out the criminal intent during a
space of time sufficient to arrive at a calm judgment.
US V BALUYOT
Murder of Conrado Lerma (Bataan governor)
June 6, 1916 general elections, Conrado won as
Bataan governor. Jose Baluyot 3rd place. Baluyot
was imbued w the idea that Gov was persecuting
him.
1918 Baluyot prosecuted in CFI Manila w estafa !
relieved from the position of being the captain in the
national guard in connection w this case

1.
2.

Aug 2, 1918 Baluyot went to Orion, Bataan, taking

w him a revolver
Aug 3, 1918, 9AM Baluyot went to Balanga,
Bataan, in the provl bulding where he inquired for
Gov. Conrado
11AM, same day Gov. Conrado arrived. Pinauna
muna yung may isang nakipag-appoint ng meeting,
si Antonio Aranjuez, and after him, si Baluyot na.
According to the lower court, Baluyot fired within a
few seconds when he entered Govs office. Upon
discovering Gov was unarmed, Baluyot drew his
own revolver and fired.
Gov tried to escape after 2 gunshots, and take
refuge inside a closet at the end of the corridor.
Baluyot fired at the direction of the cabinet and was
able to hit Gov in the forward part of the head. Died.
Trial Court: Murder (w treachery, evident premed,
done while a public authority is in the discharge of
duty)
SC: Affirmed. Penalty reduced from death to cadena
perpetua.
PEOPLE V ESCOTE
Sept 28, 1996, midnight Rodolfo Cacatian
drove the Five-Star Passenger bus from Pasay
terminal to Pangasinan. Also on board: Romulo
Digap, regular conductor.
Camachile, Balintawak accused Victor Acuyan
and Juan Escote, Jr. boarded the bus. Along
Plaridel, Bulacan, the two declared a holdup.
Juan fired upwards to awaken and scare off
passengers, and Victor followed another
gunshot.
The 2 took money and other valuables of the
passengers. Also took the fares collected by the
conductor Romulo.
Further went to a certain passenger SPO1 Jose
C. Manio, Jr. Felons demanded for his ID and
service gun and afterwards shot him on the
mouth, right ear, chest, and right side of the
body.
Felons moved towards driver Rodolfo and told him
to maintain the speed of the bus. They alighted the
bus along the overpass in Mexico, Pampanga.
Rodolfo and Romulo reported the incident to the
police authorities when the bus reached Dau,
Mabalacat, Pampanga.
A month after, Oct 25, 1996 SPO3 Romeo
Meneses and other police were at the police
checkpoint along natl highway in Tarlac, Tarlac.
A white-colord taxi cab w/o plate come to view.
Driver turned out to be Escote, and identified himself
as a policeman. Showed ID of Manio, Jr. (yung
pinatay nila sa bus), but Meneses became
suspicious bec said ID was already expired.
Meneses further asked for payslip. Escote cant
produce any, and finally confessed.
Trial court: Robbery with homicide
SC: Decision affirmed but treachery is not
appreciated. RWH is a crime against property and
treachery is only applicable to crime against
persons.

PEOPLE V CARATAO
SERGIO CARATAO:
o April 27, 1992, 4P M he was w his wife at
the NALCO Commissary Canteen. He
requested the victim Edgardo Tado Bulawin
for his rice vale. Edgardo did not issue him
his rice vale share.

When Edgardo was about to leave riding his

motorcycle, dun na nangyari yung saksakan
event.
o Sergio interposed self-defense to exculpate
himself.
SC: No self-defense. No unlawful aggression from
the victim.
But no treachery because killing was done at the
spur of the moment, and no sufficient evidence that
Sergio deliberately adopted the mode of attack.
Sergio is guilty of HOMICIDE.

PEOPLE V SITCHON
PROSECUTION: 1) Lilia Garcia
o Emelito Sitchon lived in the 2nd flr of a house
located at 2001 Batangas St,, Tondo,
Manila. In the 1st flr was his neighbour Lilia
Garcia
o June 12, 1996, 10AM Lilia was in front of
their house when she heard a boy crying.
She went upstairs and saw Sitchon beating
2y/o Mark Anthony Macky Fernandez. Lilia
saw Sitchon hit various parts of the boys
body with a piece of wood.
o Beating went on for 1hour. Then Lilia saw
Sitchon carry the boy to the hospital. The
boy was already black and no longer
moving.
PROSECUTION: 2) Roberto Fernandez (8 y/o bro of
Macky)
o Macky scattered his feces all over the
house. Sitchon then beat Macky with a belt,
a hammer and a 2x2 pc of wood.
o He was scared so he was not able to do
anything while Sitchon was beating his
brother.
DEFENSE: Emelito Sitchon (appellant)
o Sitchon admitted killing Macky, son of his
live-in partner.
o He killed the boy only because he was
under the influence of shabu, MJ, and
Valium 10 at that time. He further professed
he began using drugs in 1974 and that he
had also taken drugs 2 weeks before the
incident.
o Came upon Macky playing w his feces,
scattering them all over the pillow, the bed
sheets and the curtains.
o Sitchon got hold of Macky but the boy
struggled to free himself from his grasp.
o Still reeling from the Valium 10 he had
taken, Sitchon got angry and picked up a
broom w a wooden handle and hit the boy w
it.
o Sitchon brought Macky to the hospital and
pleaded to the doctor to save him. Macky
died and on the same day, he surrendered
to the police.
Trial court: Murder
SC: Affirmed, in view of the attendance of the
aggravating circumstance of treachery (killing of a
minor who could not be expected to put up a
defense). But with mitigating circumstance of lack of
intention to commit so grave a wrong.
PEOPLE V ANCHETA
PROSECUTION: Jonathan Aromin (main witness)
o Sept 2, 1993 he and his neighbour Julian
Ancheta (victim) went to the house of the
accused SPO1 Eduardo Ancheta y Rodigol
who just lived across them.

They knocked on the door and when SPO1

opened, he was armed w a gun. So
Jonathan moved away and when he left
SPO1s house, he heard 2 gunshots wc
prompted him to hide behind the nearest
wall.
o When he looked back, SPO1 was already
aiming the revolver directly at his face and w
no hesitation shot him at close range. He
blacked out and when he woke up, to his aid
was Leonila Lopez. Was rushed to the
hospital.
PROSECUTION: Leonila Lopez
o Her house was right across SPO1s house.
Sept 2, 1993, 8PM she heard 2 gunshots
coming from SPO1s house.
o She was about to close her windows when
she saw Jonathan running toward her house
and SPO1 following him. She saw SPO1
shot Jonathan on the cheek.
PROSECUTION: Dr. Roberto Garcia (medico-legal)
o Julian Ancheta sustained 3 gunshot wounds.
1 pierced at the back of his left forearm. 1
entered rear left portion of the neck. Fatal
bullet entered thru the front portion of left
ear, without an exit wound.
DEFENSE: SPO1s testimony
o Night of Sept 2, 1993 he and his wife and
his son were already sleeping and
awakened by the sound of someone
banging at the door. Pare, buksan mo ito,
he heard from outside.
o For protection, SPO1 readied his gun before
opening the door. Upon seeing the 2, SPO1
inquired why he was addressed as pare by
his bro, Julian. Instead of answering, Julian
angrily asked why he was holding a gun.
Basta, they grappled and the gun
accidentally fired twice daw.
o SPO1 took his family to his wifes cousin,
and around 6PM the next day, Sept 3, 1996,
he surrendered at PNP Caloocan City.
Mar 26, 1999 the trial court found SPO1 guilty of
Murder of Julian Ancheta, and F-Murder of Jonathan
Aromin.
SC: Prosecution was not able to establish treachery
and deliberate intent to kill.
o Crim Case No. C-44939 (Julian Ancheta)
Murder to Homicide
o Crim Case No. C-44940 (Jonathan Aromin)
F-Murder to F-Homicide

PEOPLE V ALFANTA
NITA FERNANDEZ (offended party)
o Aug 26, 1995, 12mn while asleep in the
residence of a friend at AFOVAI Fort
Bonifacio, Makati City
o A man whom she hadnt seen before
suddenly entered the house, pulled her,
boxed her jaw, and put his hand on her
mouth, and told her that if she wont obey
him, he will kill her.
o Forced to climb a fence and instructed to go
to a vacant house. She had no choice but to
follow because of fear as the man was
holding a bolo.
o At the house ! was told to undress ! the
man embraced and kissed her ! lie down
and separate her legs ! inserted penis to
her vag ! told to lie face down ! inserted
penis to her anus ! told to lie face up !
inserted his fingers in & out her private part

! told to go near him and lie beside him

(rapist na gusto ng cuddling, jusko), and not
to dress up first as he was going to take a
rest.
o She was also told not to tell the others what
happened, lahat ng nirape ko ay pinatay ko
dahil sa ayokong may magsumbong.
o While the man was sleeping, she grabbed
the knife at his waist and stabbed him on his
chest, but the knife broke. So she got hold of
the bolo and hacked the man several times.
o Put on a dress, took the bolo, ran to the
signal office of soldiers, and admitted she
killed a man. With soldiers, they went to the
place where she was raped. Rapist was still
there, lying down and still alive. He was
brought to the hospital.
o On her cross-examination, Accused is not
my sweetheart. Why will I hack him if he is
my sweetheart? Wala lang, bat ba
nakakatawa yung dialogue ni ate. HAHA.
Trial court: Accused is guilty of rape, with
aggravating circumstances of nighttime and
ignominy
SC: affirmed. Penalty reduced from death to
reclusion perpetua.

PEOPLE V DIZON
July 7, 1997 930PM Arlie Rosalin, 21y/o engg
student from Dinalupihan, Bataan, alighted from a
bus as it stopped by a small bridge along EDSA just
before Roosevelt Ave, QC
She heard someone call out, Miss!, and when she
turned around, appellant Renato Z. Dizon was
already behind her. Seized her, pointing a fan knife
to the side of her neck, then announced a holdup.
Told her to face the railing of the bridge and asked
for wallet and jewelry. Arlie then complied. Still not
content, Dizon got her backpack and warned her
that he will kill her and throw her over the bridge as
he had done to his other victims, if he finds another
wallet in the backpack.
After taking all her things, Dizon instructed Arlie to
walk w him along EDSA as if they were a couple. All
the while, Dizons arm was around Arlies neck and a
knife pressed to her side.
Dark and empty basketball court. Dizon ordered
Arlie to remove her pants & underwear. No choice
but to follow him since he was still holding her at
knifepoint.
Dizon kissed Arlie on the lips, neck, and breasts (wc
he also mashed) ! bit her nip 3x, as well as the
right side of her back and also her vag ! forced her
to bend over a taxi hood and penetrated her vag in
this position.
Afterwards, Dizon ordered Arlie to hold & massage
his penis (wc he boastfully informed the latter carried
bolitas) ! forced her to put his penis into her mouth.
Still not done, Dizon forced Arlie to lie on the ground.
Whenever Arlie tried to resist, Dizon would bang her
head on the taxi hood, slam her head on the wall, or
slap her hard in the face. So she was pushed to the
ground, and there was ravished by Dizon all over
again.
Dizon still refused to let go of Arlie even though he
was admittedly spent by now. (ANG KAPAL?) Made
her sit astride over him and held her tightly by the
hair w both hands so she could not escape. When
Arlie hesitated to insert his penis inside her, Dizon
removed one hand from her hair and groped in the
dark. Arlie sensed he was reaching for his knife, and

thats where she struggled w all her might and broke

free from Dizons hold. Scampered to her feet,
grabbed her pants, and ran as fast as she could
away from the appellant.
Arlie then barged in a store that was about to close
and informed the people about what happened, but
the owner did not want to get involved so he
reminded her to wear pants and referred her to the
brgy.
A brgy officer arrived and accompanied her back to
the basketball court to retrieve her things. Dizon
wasnt there anymore so Arlie just described him to
the police.
3 days later, the brgy informed Arlie they had a
suspect who matched her description. They went to
Muoz market where appellant was working as a
tricycle dispatcher. One of the police accosted him
and upon seeing Arlie, Dizon pulled out his fan knife.
He was not quick enough and was disarmed by the
polive officers. He was then brought to the station.
Dizon put up the defense of denial and alibi.
Trial court: Robbery w rape. 2 aggravating: cruelty
and uninhabited place.
SC: AFFIRMED the trial courts decision.
Cruelty: As recounted by Arlie, Dizon not only raped
her but subjected her to various dehumanizing
indignities
Uninhabited place: Dizon sought the solitude of the
basketball court to ensure that Arlie would not be
able to call for, or receive, any help. Aside from
being cloaked by the darkness of the night, the
basketball court was a relatively isolated place,
shielded from the public view by the high walls of the
surrounding houses. Arlie could have screamed at
the top of her lungs and nobody still would have
heard her.