Case Summary (G.R. No. 1542)

Definition of Robbery with Homicide

• The crime of robbery with homicide is defined as the killing of a human being for the purpose of committing robbery.
• This complex crime is specifically outlined in Article 503, No. 1 of the Penal Code.

Alevosia and Its Applicability

• Alevosia refers to the use of means or methods that ensure the crime is executed without risk to the perpetrator from the victim's defense.
• In this case, the attack on the deceased was sudden and lacked premeditation, indicating that the defendants did not take precautions against potential risks.
• The application of alevosia as an aggravating circumstance was deemed erroneous by the court.

Requirement for Uninhabited Place

• For the aggravating circumstance of committing a crime in an uninhabited place to apply, there must be clear evidence affirming that the crime occurred in such a location.
• The evidence presented did not sufficiently demonstrate that the crime took place in an uninhabited area.

Abuse of Superiority

• The mere numerical superiority of the assailants over the victim does not automatically constitute the aggravating circumstance of abuse of superiority.
• The court found that the evidence did not support the application of this aggravating circumstance, as it did not show a marked difference in physical strength or means used to weaken the victim's defense.

Facts of the Case

• The defendants, Cornelio Devela and Silvester Absolio, were charged with robbery with homicide after attacking Luis Oleta, who was carrying money.
• The attack resulted in Oleta sustaining multiple fatal wounds after he resisted the robbery attempt.
• The defendants admitted to the crime, stating they did not know if Oleta was armed and that they attacked him after he threw a stone in defense.

Evaluation of Aggravating Circumstances

• The trial court applied the aggravating circumstances of alevosia and despoblado, which increased the penalty from life imprisonment to death.
• The court found that the attack was impulsive and did not involve premeditated planning or measures to ensure the defendants' safety from the victim's potential defense.

Conclusion on Sentencing

• The absence of sufficient evidence for the aggravating circumstances led to the conclusion that the defendants should be con...continue reading