People v. Rios (G.R. No. 132632)
G.R. No. 132632
June 19, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ANGEL RIOS, accused-appellant.
Facts:
At around 6:30 PM, Angel Rios hurled stones at the victim's house. While Ambrocio and Anacita Benedicto were tending their sari-sari store, Rios bought cigarettes and Ambrocio confronted Rios regarding the stoning incident and an altercation ensued between them. While they were arguing, Mesa, a barangay tanod, together with his three companions, saw them and they intervened and escorted both to their own houses. However, after a few minutes, Rios went back to the store. Anita saw her husband go to the terrace of their house where she witnessed Rios stabbed her husband on the right stomach. Anita started shouting as Rios fled. Mesa saw Anita weeping and they tried to help Ambrocio but he died before reaching the hospital. Mesa and his companions arrested Rios in his house.
In his defense, Rios, a laborer, said that he was in his brother's house and Mesa together with his companions arrested him and brought him to the municipal hall. They did not inform him that he was a suspect in the killing of Ambrocio Benedicto. He only knew the victim because he buys their cooking needs in their store.
The Regional Trial Court (RTC) of Bulacan found the accused guilty beyond reasonable doubt attended by the qualifying circumstance of treachery but that abuse of superior strength is "comprehended" by said circumstance. Dwelling was also appreciated. Thus, the petition during review.
Issue:
Is there an aggravating circumstance of dwelling?
Is there an aggravating circumstance of treachery?
Ruling:
Yes. Dwelling includes every dependency of the house that forms an integral part thereof and therefore it includes the staircase of the house and much more, its terrace. There was also no provocation on the part of the victim.
None. To constitute treachery, these two conditions must be present: (1) employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate; and (2) the means of execution were deliberately or consciously adopted. The accused had the chance to retaliate. There was a heated argument that preceded the event and the victim was standing face to face with the accused. Thus, the initial assault could not have been unforeseen.
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