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Aggravating Circumstances DWELLING

The document discusses two court cases regarding whether a combination house and store can be considered a "dwelling" for the purpose of aggravating circumstances under Article 13 of the RPC. In the first case, the victim was killed in his small home/store, and the court found this did not qualify as a dwelling. In the second case as well, where the victim ran into the room where his family was after being stabbed initially in his home/store, the court still did not consider this to be a dwelling that would warrant aggravating circumstances. The court ruled that a combination home/store cannot be obviously considered a dwelling under Article 14(3) of the RPC.

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373 views3 pages

Aggravating Circumstances DWELLING

The document discusses two court cases regarding whether a combination house and store can be considered a "dwelling" for the purpose of aggravating circumstances under Article 13 of the RPC. In the first case, the victim was killed in his small home/store, and the court found this did not qualify as a dwelling. In the second case as well, where the victim ran into the room where his family was after being stabbed initially in his home/store, the court still did not consider this to be a dwelling that would warrant aggravating circumstances. The court ruled that a combination home/store cannot be obviously considered a dwelling under Article 14(3) of the RPC.

Uploaded by

Sur Rey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1 CASE DIGESTS Aggravating Circumstaces DWELLING

Title G.R. No. L-3510 May 30, 1951 G.R. No. L-43530 August 3,
THE PEOPLE OF THE PHILIPPINES, plaintiff- 1935
appellee, vs. DANIEL MAGNAYE, defendant- THE PEOPLE OF THE PHILIPPINE
appellant. ISLANDS, plaintiff-appellee, vs.
AURELIO LAMAHANG,
defendant-appellant.
Principle Involved A combination of house and store cannot be
considered dwelling as contemplated in
Article 13, paragraph 3 of the RPC.
Facts On the evening of December 9, 1946, while
the deceased, Pedro Bele and his family were
in their small combination house and store in
San Andres, Bondoc, Atimonan, Quezon,
someone called to buy cigarettes.

The caller was recognized Pedro Bele


recognized to be the appellant Daniel
Magnaye.

When the deceased was delivering the


cigarettes to appellant, the latter pulled the
extended arm of the deceased and
immediately stabbed him. The deceased ran
into the room where his wife and children
were, but the appellant followed him and
gave him some more thrust with his knife,
and then left hurriedly.

Before the victim died he was able to relay to


Bonifacio Garin, the person in-charge of the
Security and Home guards of the town that
Magnaye was his attacker and that he
believes he will not survived because of his
wounds.
2 CASE DIGESTS Aggravating Circumstaces DWELLING

Garin then endorsed the case to the Chief of


Police, in return the same questioned the
victim who reiterated that Magnaye was his
assailant.

Two days later, on December 12, 1946, the


victim died.

Version of On the testimony of Laraquel in open court,


Prosecution on the night of December 9, 1946, appellant
asked him to go with him to the house of the
deceased to buy cigarettes and when the
accused-appellant approached the gates of
the house of the deceased, he saw appellant,
who walked ahead of him, stab the deceased.

He flea because of fright, he hurriedly left the


place and went home and then shortly
thereafter appellant arrived and told him to
admit the stabbing of Bele or else he
(appellant) would kill him.

He was then on February 6, 1947, arrested by


policeman Decena, accompanied by Benito
Tatlonghari and Delfin Jaro, after which he
was brought to the municipal building where
he was severely treated and instructed to
admit the killing of Pedro Bele and because of
the intimidation, he was forced, not only to
execute Exhibit "H", but also to falsely admit
the killing of Bele to the Justice of the Peace,
the Mayor, the Police Sergeant and to a
reporter.
Version of Defense That from December 8 in the afternoon to
the early hours of December 10, 1946, he was
in the house of Severino Kuya in Padre Burgos
3 CASE DIGESTS Aggravating Circumstaces DWELLING

assisting the latter because a big celebration


in connection with the town fiesta was then
being held in said house.

That it was actually Laraquel who killed Bele


not him.
RTC Ruling Appreciated the mitigating circumstance of
lack of instruction; did not appreciate the
aggravating circumstance of dwelling.
CA Ruling
Issue WON a store where the victim stays with his
family can be considered as dwelling.
RULING No it is not.

Lower court did not err in not taking into


account the aggravating circumstances
pointed out by the Solicitor General.

The combination house and store where the


crime was committed cannot, obviously be
considered as dwelling within the meaning of
Article 14 (3) of the Revised Penal Code.

What is considered as craft by the Solicitor


General is included in treachery, which
qualifies the offense of murder in the present
case.
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