ABELLA, Ma.

Kiana | AGUILAR, Yna Marei | ARCILLA, Ericka Anne

TOPIC: Aggravating Circumstances; Disregard of rank, CASE TITLE: People VS. Arizobal
age, sex, and dwelling
DATE: December 14, 2000 GR NO.: 135051-52

DOCTRINE:
 Aggravating Circumstances; Dwelling; While dwelling is considered inherent in the crimes which can only be
committed in the abode of the victim such as trespass to dwelling and robbery in an inhabited place, in robbery with
homicide the authors thereof can commit the heinous crime without transgressing the sanctity of the victim’s
domicile. — The trial court is correct in appreciating dwelling as an aggravating circumstance. Generally, dwelling is
considered inherent in the crimes which can only be committed in the abode of the victim, such as trespass to dwelling
and robbery in an inhabited place. However, in robbery with homicide the authors thereof can commit the heinous
crime without transgressing the sanctity of the victim’s domicile. In the case at bar, the robbers demonstrated an
impudent disregard of the inviolability of the victims’ abode when they forced their way in, looted their houses,
intimidated and coerced their inhabitants into submission, disabled Laurencio and Jimmy by tying their hands before
dragging them out of the house to be killed.

FACTS:
 Laurencio Gimenez roused his wife, Clementine, from her sleep and told her to open the door because there were
persons outside the house. Because it was dark, she lit a kerosene lamp and opened the door. She was suddenly
confronted by three armed men pointing their guns at her. She recognized two of them as Arizobal and Lignes. She did
not recognize the last one since the person was wearing a “mascara.”
 Thereafter, Arizobal asked Laurencio, “Tay, where is your gun?” but the wife said they had no guns, not even a bolo.
 While the man in the mascara stood guard at the door, Arizobal and Lignes barged into the master’s bedroom and
forcibly opened the aparador. After ransacking their cabinet, they found P8,000 among sheets of paper.
 Before leaving with their loot, they ordered Laurencio to go with them because they had something to talk about.
 After the group left, the wife of Laurencio heard a volley of shots. Her granddaughter, as if sensing what befell her
grandfather, could only mutter in fear, “Lolo is already dead!”
 Erlinda Gimenez, wife of Jimmy Gimenez (son of Laurencio), narrated that on that same day, 24 March 1994, after she
and her son had taken supper, her husband Jimmy with one Francisco Gimenez arrived.
 3 men suddenly appeared and ordered them to lie face down. Jimmy and the others were then tied as the armed men
whipped Jimmy with an armalite rifle.
 After taking their liberties with the food and cigarettes in the sari-sari store, they ransacked the household in search of
valuables in which they found P1,000 from the store. The men then told the wife of Jimmy and the others to produce
P100,000 in exchange for Jimmy’s life. Since they cannot get the money in such a short time, they offered their
Certificated of Large Cattle, which the men rejected.
 Thereafter, 3 masked men dragged Jimmy outside the house, leaving behind Arizobal and Lignes to guard the others.
 A burst of gunfire was then heard. When the masked men returned, the wife of Jimmy was informed that her husband
and father-in-law had been killed for trying to escape.
 The lower court then found them guilty of robbery with homicide and sentenced to death. Only Lignes is present since
Arizobal escaped his detention and had to be tried in absentia.

ISSUE:
1. WON dwelling as an aggravating circumstance is present in the commission of the crime.

HELD and RATIO:

1. YES!

Generally, dwelling is CONSIDERED INHERENT in the crimes which can only be committed in the home or abode of the
victim, such as:
a. Trespass to dwelling
b. Robbery in an inhabited place

HOWEVER, in ROBBERY WITH HOMICIDE, the authors of the crime may commit the heinous crime without violating
the sanctity of the victim’s domicile.

In the case at bar, the robbers violated and demonstrated an IMPUDENT DISREGARD of the inviolability of the victim’s
home by:
a. Forcing their way in;
b. Looting of their houses;
c. Intimidation and coercion of inhabitants into submission; and
d. Disabling Laurencio and Jimmy by tying their hands and dragging them outside to be killed.
 ABELLA, Ma. Kiana | AGUILAR, Yna Marei | ARCILLA, Ericka Anne

DISPOSITIVE:
WHEREFORE, the Decision of the Regional Trial Court of Cataingan, Masbate, finding accused-appellant ERLY LIGNES
and accused CLARITO ARIZOBAL GUILTY of Robbery with Homicide and imposing upon both of them the penalty of
DEATH, is AFFIRMED with the MODIFICATION that accused-appellant ERLY LIGNES and his co-accused CLARITO
ARIZOBAL (who is still at large) are ordered