People v. Solamillo (G.R. No. 123161)

 

G.R. No. 123161               

June 18, 2003

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

vs.

LIBERATO "DUKDUK" SOLAMILLO and JULIAN SOLAMILLO, Accused-Appellants.

Facts:

Edgardo Ebarle, Eddie Trumata and appellants were at the bakery. Aleli Guiroy, the victim’s daughter, saw them when she arrived at around 5:00 p.m. and she left. In the morning, Aleli came back to the bakery but she was unable to open the door. SHe asked for help from her uncle, Lorenzo who also asked for the help of Warlito. Warlito looked through the window and there he saw Alexander, the proprietor of Liberty Bakery and Grocery lying on the floor. 

Ther reported the matter to the police and PO3 Celso Tan Sanchez arrived. The Post-Mortem report found that the victim had suffered 21 wounds. After two day, the police of Lamitan has informed Emmanuel, the victim’s brother that they have apprehended Edgardo so he and SPO4 Pedro went to Lamitan. The police turned over Edgardo to SPO4 Pedro. While they were on their way back, Edgardo informed the two that Eddie and appellants were the one who assaulted the victim. After four days from the incident, SPO4 Pedro also arrested Liberato in Zamboanga City. He was wearing a watch and when SPO4 Pedro opened his bag there he found the victim’s missing wallet and money amounting to ₱48.00.

In their defense, Liberato said that he visited his brother Julian at the bakery then he went to Melanio’s house after around an hour. Julian started to prepare the flour for baking while Edgardo and Eddi cooked their dinner. The victim scolded Edgardo and Eddie because they made a mess. When the victim sat down to feed his can, Eddie hit the victim’s head with a piece of bakawan. The victim fell. He was able to get up and he exchanged blows with Eddie. Edgardo then got a bolo and used it on the victim. Julian was threatened by Eddie that he would kill the former if he intervened. Eddie and Edgardo took the money from the drawer and asked Julian to leave. Julian took P955 pesos that was scattered on the floor and he proceeded to Dumaguate City where he surrendered. 

Issue:

Is there an aggravating circumstance of band?

Ruling:

None. According to Article 14 of the Revised Penal Code that the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

"Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band."

Thus, the aggravating circumstance requires that there should be at least four persons who commit the crime, all of whom should be armed. Even if there are four offenders, but only three or less are armed, it is not a band. Here, there is no evidence that all four accused were armed at the time of the perpetration of the crime. Hence, this circumstance cannot be appreciated against the appellants.