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People v. Dio
People v. Dio
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* EN BANC.
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the victim expired, the ÂSeikoÊ watch was still securely strapped to
his wrist (p. 59, t.s.n., Jan. 11, 1973). The killing of Crispulo Alega
may be considered as merely incidental to and an offshoot of the
plan to carry out the robbery, which however was not consummated
because of the resistance offered by the deceased. Consequently,
this case would properly come under the provision of Art. 297 of the
Revised Penal Code. x x x „We likewise agree with the contention of
counsel in his second assigned error that the evidence presented by
the prosecution did not show the attendance of any aggravating
circumstance in the commission of the crime and neither did the
court a quo make any finding in this respect (pp. 7-8, appellantÊs
brief).‰ (Id., p. 6.)
Same; Same; Penalty; Indeterminate Sentence Law; Penalty for
attempted robbery with homicide absent mitigating nor aggravating
circumstances.·The crime committed by the appellant is attempted
robbery with homicide and the penalty prescribed by law is
reclusion temporal in its maximum period to reclusion perpetua.
Since there was no attendant mitigating nor aggravating
circumstance, the penalty should be applied in its medium period,
i.e. 18 years, 8 months and 1 day to 20 years. The Indeterminate
Sentence Law has also to be applied.
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154 SUPREME COURT REPORTS ANNOTATED
People vs. Dio
ÂAbrasions: right zygomatic region, 0.6 x 0.4 cm. infralabial region, right
side 1.7 x 1.4 cm.; forearm right, upper third, postero-lateral aspect, 0.6 x
0.4 cm. and left, lower third, posterior aspect, 0.4 x 0.2 cm.; right knee,
0.6 x 0.4 cm.; right leg, upper third, anterior aspect, 1.4 x 0.8 cm.
ÂIncise wounds, neck, left supero-lateral aspect, two in number, 2.5
and 1.2 cm. in lengths, both superficial.
ÂStab wound: left inframammary region, level of the 5th intercostal
space along the parasternal line, 6.0 cm. from the anterior midline, 0.5
cm. below the left nipple, elliptical in shape, 3.0 cm. long extended
laterally by 3.0 cm, long rising slightly downwards, medially edges, clean
cut, sutured, medial extremity of which is blunt and lateral extrimity,
sharp; directed upwards, medially and backwards involving, among
others, the soft tissues, thru the 5th intercostal muscles, grazing the 6th
rib superiorly, perforating the left pleural cavity only, into the middle
mediastinum by penetrating the pericardium antero-inferiorly,
perforating the interventricular system and penetrating the left ventricle
of the heart at its apical portions, approximate depth 11.0 cm.‰
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VOL. 130, JUNE 29, 1984 155
People vs. Dio
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sion of the crime and neither did the court a quo make any finding
in this respect (pp. 7-8, appellantÊs brief).‰ (Id., p. 6.)
Judgment modified.
Notes.·Where accused before the fiscal readily and
without hesitation signed their respective extrajudicial
confessions, such circumstance indicates the voluntary
execution of the extrajudicial confessions. (People vs.
Cabural, 120 SCRA 528,)
An extrajudicial confession that is self-inculpatory in
nature cannot be considered involuntarily executed. (People
vs. Bar-ros, 122 SCRA 34.)
Judges, fiscals and other officers administering the oath
to confessants in crime must get a doctor to examine first
the affiant, and if a doctor is not available, must
themselves make a physical examination of the suspect
before swearing the latter in. (People vs. Barros, 122 SCRA
34.)
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