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TITLE 10 Criminal Law II Case Digests The Revised Penal Code
TITLE 10 Criminal Law II Case Digests The Revised Penal Code
aiza ebina/2014
PEOPLE vs DEL ROSARIO
359 SCRA 166, G.R. No. 131036, June 20, 2001
Robbery with Homicide
FACTS: On September 26, 1992, Emelita Paragua left their house at Balic-Balic, Sta. Rita, Olongapo City to go to her
stall in the public market. Raquel Lopez, the 11-year old niece of Paragua, was left behind as she had no classes that
day, a Saturday.
Notified of the news that their house was on fire, Paragua went home.
Paragua saw that the sala set, their merchandise and the cassette were burned. When she entered the kitchen, she
saw her niece lying on her stomach with a raincoat covering her head and her neck and arms tied with CATV wire.
Parts of her hand and her thigh were burned. Raquel Lopez was already dead when her aunt discovered her. She
likewise discovered that six pieces of her jewelries were missing.
It was also found that the sala was set on fire and he found the items therein burned. Likewise the two bedrooms.
Police located the body of Raquel Lopez in the kitchen. Her head was covered with a pink raincoat and around her
neck was a CATV wire. She was lying face down, her hands behind her back.
On October 2, 1992, the Olongapo City police received a call from the Subic police that a certain Donato del Rosario
surrendered to police officer Fernando Morales, the brother-in-law of his common-law wife, Ruby Tan. Del Rosario,
even without being asked, told them that he really surrendered to Morales because he was being bothered by his
conscience and that he was very willing to accompany them to recover the stolen items. He also volunteered the
information as to where he sold the jewelries that he took from the house of Emelita Paragua.
Thereafter the policemen from Olongapo and Donato del Rosario proceeded to the places mentioned by the latter
Barrio Barretto, Olongapo City, where the "Lovely Kahael Pawnshop" was located, and Barangay Magsaysay, Iba,
Zambales. Del Rosario was not even handcuffed at the time. At the Lovely Kahael pawnshop del Rosario pointed out
the jewelry that he had pawned. He also signed the pawnshop ticket in order that a wedding band and a diamond
ring with the letter "E" could be redeemed. At the pawnshop he was identified by Florencio Gamboa, the
OIC/appraiser therein. Afterwards they proceeded to Magsaysay, Iba, Zambales to the shop of Rogelio Adriano. They
were not able to immediately recover a bracelet and a 7-day ring that were sold to Adriano, a watch repairer and a
buyer/seller of second hand jewelry, as he had given them to his son for safekeeping. However, his son, Rogelio
Adriano, Jr., returned the jewelry to the police some days later. Both Adrianos identified del Rosario as the person
As to the nature of the crime committed, the lower court found that the commission of the robbery was not
satisfactorily proved, because Bon Uan Yap, before retiring, might have taken the money from the drawer and put it
in the iron safe which he had in the store; that it was not proved that this safe was opened and that the money in
question was not found therein. Nevertheless considering a conviction of the complex crime of robbery with
homicide more favorable to the accused than a conviction for three crimes of murder, the trial judge found the
defendant guilty as charged, and taking into consideration the aggravating circumstances of alevosia, nocturnity,
and morada sentenced him to suffer the death penalty, to indemnify the heirs of the three deceased in the sum of
P1,000, and to pay the costs.
The accused then appealed the decision of the lower court.
ISSUE: Whether or not the accused is guilty of robbery with homicide
HELD: No. The finding of the trial judge that the robbery was not satisfactorily proved is in accordance with the
evidence, because the prosecution failed to show that the money in question was in the drawer when Bon Uan Yap
and the two boys were killed, that is, that Bon Uan Yap had not transferred it to the iron safe before retiring for the
night. If there was no money left in the drawer that could be taken, the crime of robbery could not be committed,
and the purpose for which Bon Uan Yap and the two children were slain was defeated.
The court cannot assent to the conviction of the defendant for the complex crime of robbery with homicide, when
the evidence is insufficient to sustain the charge of robbery, because such a conviction might appear to be more
favorable to him than conviction for three crimes of murder.
Cariaga vs CA
358 SCRA 583, G.R. No. 143561, June 6, 2001
Qualified Theft
FACTS: Luis Miguel Aboitiz, employed as Systems Analyst of the Davao Light & Power Company, Inc. (DLPC), whose
duty was to devise systems, procedures or controls to promote efficiency, prevent losses due to waste, pilferage or
theft of company property, etc., received reports that some private electricians were engaged in the clandestine sale
of DLPC materials and supplies. He initiated a covert operation with the following objectives: (1) ascertain how DLPC
materials were being stolen, the frequency of the thefts, who were perpetrating the thefts; and (2) `catch' at least,
one (1) DLPC employee that may be involved.
He then hired one Florencio Siton, a welder by occupation and a Civilian Home Defense Forces (CHDF) member, as
his undercover agent under the pseudonym 'Canuto Duran', an 'electrician from Kabakan, Cotabato.'