People v. Dio
*
No. L-36461. June 29, 1984.
_______________
* EN BANC.
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the victim expired, the ‘Seiko’ 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
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and without the knowledge and consent of the owner, and with
the use of a ‘balisong’, one of the accused was provided with, and
by means of force, threats and intimidation employed upon the
latter, did then and there wilfully, unlawfully and feloniously
take, steal and rob away from one Crispulo P. Alega, one Seiko
brand men’s wrist watch (recovered); and the said accused in
accordance with and pursuant to their conspiracy, and in order to
carry out their avowed purpose, with intent to kill did then and
there wilfully, unlawfully and feloniously attack, assault and stab
for several times Crispulo P. Alega, and which ‘balisong’ was
directly aimed at the vital portions of the body of said Crispulo P.
Alega, thus performing all the acts of execution causing his
instantaneous death.’’ (Expedients p. 68.)
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‘Abrasions: 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.
‘Incise wounds, neck, left supero-lateral aspect, two in number, 2.5
and 1.2 cm. in lengths, both superficial.
‘Stab 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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did not get the watch of the man; that he held the victim’s hands
but the latter was able to free himself; that Danny Kulot stabbed
the man, that when the victim ran, they also ran away; and that
he did not know what happened to the victim (Exhs. D, D-1, D-2,
D-3, D-4 and D-5, p. 90, rec.; pp. 27-31, tsn., Jan. 11, 1973).”
(Brief, pp. 2-5.)
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sion of the crime and neither did the court a quo make any finding
in this respect (pp. 7-8, appellant’s brief).” (Id., p. 6.)
Judgment modified.
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