Case Summary (G.R. No. L-36461)
Case Background
An information for robbery with homicide was initially filed against Danilo Tobias and an unidentified person (“John Doe”) on October 1, 1971. Following the unsuccessful attempt to arrest Tobias, the information was amended on December 7, 1971, to name Hernando Dio as the co-accused. The charges specifically involved the brutal robbery and murder of civil engineer Crispulo P. Alega in Pasay City on July 24, 1971.
Proceedings and Evidence
During the trial, Hernando Dio pleaded not guilty. The prosecution presented evidence that on the day of the incident, Alega had been attacked while attempting to escort his girlfriend, Remedios Maniti. She testified that Dio and Tobias conspired to rob Alega, during which Alega was attacked, stabbed multiple times, and left to die. The stab wound led to his instantaneous death, as confirmed by the medical examiner.
Additionally, an extrajudicial confession from Dio admitted to his role during the incident. Despite claiming he had no part in the stabbing, he acknowledged holding Alega’s hands while Tobias carried out the act.
Trial Court's Judgment
The trial court found Dio guilty of robbery with homicide under Article 294 of the Revised Penal Code, imposing the death penalty along with monetary compensation to Alega's heirs. This judgment was contested by Dio's defense.
Defense Argument
Dio's attorney argued that the robbery was not consummated as the watch was still on Alega's wrist, positing that the offense should be classified as attempted robbery with homicide. The defense maintained that the trial court erred in its conviction and sentencing, asserting there were no aggravating circumstances present to justify the death penalty.
Appeal and Reassessment
Upon review, the Supreme Court considered the prosecution's evidence and agreed with the defense’s argument that no consummated robbery occurred. The killing was deemed incidental, linked to an attempted robbery, thus qualifying for a lesser charge under Article 297 of the Revised Penal Code.
Moreover, the Court concluded that the prosecution failed to demonstrate any aggravatin
...continue readingCase Syllabus (G.R. No. L-36461)
Case Background
- This case involves an automatic review of a decision by the defunct Circuit Criminal Court, 7th Judicial District, which imposed the death penalty on the accused, Hernando Dio.
- An information for robbery with homicide was initially filed against Danilo Tobias and a John Doe on October 1, 1971, with the latter later identified as Hernando Dio after the information was amended on December 7, 1971.
- The crime took place on July 24, 1971, in Pasay City, involving the victim, Crispulo Alega, who was attacked and killed during an attempted robbery.
Facts of the Case
- Crispulo Alega, a civil engineer, was fetching his girlfriend, Remedios Maniti, from Southeastern College when the incident occurred.
- While ascending the stairs to a restaurant, Alega was accosted by Danilo Tobias, who assaulted him while Hernando Dio restrained his hands.
- In the struggle, Alega was stabbed in the chest and subsequently collapsed, dying from the injuries sustained.
- The autopsy revealed that the cause of death was a stab wound penetrating the heart.
- An extrajudicial confession by Hernando Dio was taken during his investigation, where he admitted to holding Alega's hands while his accomplice stabbed him.
Trial Court Proceedings
- Hernando Dio pleaded not guilty during arraignment an