Alternative circumstances

185. G.R. No. 132392 January 18, 2001

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR MARCOS Y MON, accused-appellant.

Facts: Marcos was charged with the crime of murder. Accused-appellant Cesar Marcos (Cesar) and the
victim Virgilio Marcos (Virgilio) are brothers and they live in the same house at Bayambang, Infanta
Pangasinan. The Solicitor General insists that since accused is a brother of the victim, the alternative
circumstance of relationship must be considered in determining the imposable penalty.

Issue: Whether or not the accused is subject to aggravating circumstance of relationship

Held: Yes, In order that the alternative circumstance of relationship may be taken into consideration in
the imposition of the proper penalty, the offended party must either be the (a) spouse, (b) ascendant, (c)
descendant, (d) legitimate, natural or adopted brother or sister, or (e) relative by affinity in the same
degree, of the offender.6 In the case at bar, prosecution eyewitness Fernando Marcos, Jr. testified that
Cesar and Virgilio Marcos are brothers.7 Accused likewise declared that Virgilio is his brother.8 That the
victim is the elder brother of Cesar is likewise alleged in the Information. The rule is that relationship is
aggravating in crimes against persons as when the offender and the offended party are relatives of the
same level such as killing a brother.9 Thus, relationship was correctly appreciated as an aggravating
circumstance.