Case Digest (G.R. No. L-36461)
Facts:
The People of the Philippines v. Hernando Dio, G.R. No. L-36461, June 29, 1984, the Supreme Court En Banc, Abad Santos, J., writing for the Court.An information for robbery with homicide was originally filed on October 1, 1971 against Danilo Tobias and a John Doe in the defunct Circuit Criminal Court, 7th Judicial District. The arrest order for Tobias remained unserved. On December 7, 1971 the information was amended to name Hernando Dio (the appellant) as the John Doe; the amended information charged that Tobias and Dio, by means of force and with a balisong, robbed one Crispulo P. Alega and, in pursuance of that plan, stabbed and killed him, constituting robbery with homicide under Article 294 of the Revised Penal Code.
At trial before the Circuit Criminal Court the People presented eyewitness testimony from Remedios Maniti (the deceased’s companion), police testimony regarding the appellant’s extrajudicial statement, and the medico-legal evidence. The autopsy showed a penetrating stab wound to the left ventricle. After his arrest on October 24, 1972, Dio executed an extrajudicial statement admitting he and Tobias held up the victim, that he held the victim’s hands while Tobias stabbed him, and that they failed to take the victim’s watch.
The trial court convicted Dio of robbery with homicide and imposed the death penalty, plus indemnity and damages. On automatic review of a death sentence the Supreme Court considered the record, including defense counsel’s two assignments of error: (1) that the robbery was not consummated (only attempted), and (2) that no aggravating circumstance was alleged or proved to warrant the death penalty. The Solicitor Genera...(Subscriber-Only)
Issues:
- Was the appellant properly convicted of the special complex crime of robbery with homicide (a consummated robbery), or was the proper characterization attempted robbery with homicide?
- If the offense was attempted robbery with homicide, was the death penalty proper or what penalty should be imposed given the absence of proven ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)