People v. Torazo (G.R. No. L-32040)

 

G.R. No. L-32040 

October 25, 1977

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

PEDRO PAGAL y MARCELINO and JOSE TORCELINO y TORAZO, defendants-appellant

Facts: 

Pedro and Jose were charged with the crime of robbery with homicide. Accordingly, they stole cash from Gau Guan, their employer, amounting to 1,281 pesos and used personal violence stabbing him with an icepick and clubbing him with an iron pipe on different parts of his body leading to the latter's death. Three generic aggravating circumstances were presented.

They pleaded guilty and they wanted to prove mitigating circumstances of sufficient provocation or threat and passion or obfuscation.They were found guilty of robbery with homicide were three aggravating circumstances where an appreciated offset only by the mitigating circumstance of their plea of guilty, sentences each one of them to death.

Pagal contends that the trial court erred in convicting him of the crime of robbery with homicide instead of declaring him liable only for his individual acts, claiming that there is not enough evidence to prove conspiracy. This was found without  merit. He further contends that the trial court erred in not appreciating in their favor the mitigating circumstances of sufficient provocation, and passion or obfuscation. This was also devoid of merit as this cannot be considered as two separate circumstances. Finally, they contended that the trial court erred in considering the aggravating circumstances of nighttime, evident premeditation, and disregard of the respect due the offended party on account of his rank and age.

Issue: 

Whether there are aggravating circumstances of disregard of the respect due the offended party on account of his rank and age.

Ruling: 

No. The aggravating circumstance that the crime was committed with insult or in disregard of the respect due the offended party on account of his rank, age or sex may be taken into account only in crimes against persons or honor, when in the commission of the crime there is some insult or disrespect shown to rank, age, or sex. lt is not proper to consider this aggravating circumstance in crimes against property. Robbery with homicide is primarily a crime against property and not against persons. Homicide is a mere incident of the robbery, the latter being the main purpose and object of the criminal. The trial court erred in taking into account this aggravating circumstance.