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  • People vs. Jugueta, G.R. No. 202124, April 5, 2016

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    Mark Reyes
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    The appellant and his companions stripped off the wall made of sack from the home of Norberto Divina and his family as they lay sleeping. When Norberto refused to leave his home, the appellant fired at them successively, killing Norberto's two daughters aged 13 and 3 1/2 years old. The appellant was convicted of double murder and multiple attempted murder. The Supreme Court upheld the conviction, finding that treachery was present because children cannot defend themselves against adult attackers. The Court also noted that the lower courts failed to consider dwelling as an aggravating circumstance, despite it being alleged in the criminal informations.

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    The appellant and his companions stripped off the wall made of sack from the home of Norberto Divina and his family as they lay sleeping. When Norberto refused to leave his home, the appellant fired at them successively, killing Norberto's two daughters aged 13 and 3 1/2 years old. The appellant was convicted of double murder and multiple attempted murder. The Supreme Court upheld the conviction, finding that treachery was present because children cannot defend themselves against adult attackers. The Court also noted that the lower courts failed to consider dwelling as an aggravating circumstance, despite it being alleged in the criminal informations.

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    © All Rights Reserved
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    100 views1 page

    People vs. Jugueta, G.R. No. 202124, April 5, 2016

    Uploaded by

    Mark Reyes
    The appellant and his companions stripped off the wall made of sack from the home of Norberto Divina and his family as they lay sleeping. When Norberto refused to leave his home, the appellant fired at them successively, killing Norberto's two daughters aged 13 and 3 1/2 years old. The appellant was convicted of double murder and multiple attempted murder. The Supreme Court upheld the conviction, finding that treachery was present because children cannot defend themselves against adult attackers. The Court also noted that the lower courts failed to consider dwelling as an aggravating circumstance, despite it being alleged in the criminal informations.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    People vs. Jugueta, G.R. No.

    202124, April 5, 2016

    Facts:

    Evidence adduced show that the family of Norberto Divina were all lying down side by side about to
    sleep on June 6, 2002 at around 9:00 o’clock in the evening, when suddenly their wall made of sack was
    stripped off by appellant and his companions.

    They ordered him to go out of their house and when he refused despite his plea for mercy, they fired at
    them successively and indiscriminately, having hit and killed his two daughters, Mary Grace Divina and
    Claudine who were 13 years old and 3 ½ years old respectively.

    In Criminal Case No. 7698-G, appellant was charged with Double Murder, defined and penalized under
    Article 248 of the Revised Penal Code. In Criminal Case No. 7702-G, appellant, together with Gilbert
    Estores and Roger San Miguel, was charged with Multiple Attempted Murder.

    However, based on the sworn statement of one Danilo Fajarillo, the Provincial Prosecutor found
    no prima facie case against Gilbert Estores and Roger San Miguel.

    Appellant was then convicted by the trial court of Double Murder and Multiple Attempted Murder.

    Issue:

    Whether the appellant is guilty of the crimes charged.

    Ruling:

    The trial court correctly ruled that appellant is liable for murder because treachery attended the killing
    of Norberto’s two children. Article 248 of the Revised Penal Code provides that murder is the unlawful
    killing of a person, which is not parricide or infanticide, attended by circumstances such as treachery or
    evident premeditation. Minor children, who by reason of their tender years, cannot be expected to put
    up a defense. When an adult person illegally attacks a child, treachery exists. Further, the last paragraph
    of Article 6 of the Revised Penal Code states that a felony is attempted when the offender commences
    the commission of a felony directly by overt acts, and does not perform all the acts of execution which
    should produce the felony by reason of some cause or accident other than his own spontaneous
    desistance.

    In this case, the prosecution has clearly established the intent to kill on the part of appellant as shown
    by the use of firearms, the words uttered during, as well as the manner of, the commission of the crime.

    The Court quoted with approval the trial court’s finding that appellant is liable for attempted murder.

    Furthermore, the Court notes that both the trial court and the CA failed to take into account dwelling as
    an ordinary, aggravating circumstance, despite the fact that the Informations in Criminal Case Nos.
    7698-G and 7702-G contain sufficient allegations to that effect.

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