THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.

FRANCISCO DIAZ
AND GERARDO DIAZ, DEFENDANTS-APPELLANTS.
G.R. No. L-24002
January 21, 1974
AQUINO, J.:
FACTS
While Remegia Carasos and Anita Pacaira were gathering camotes at a farm, Francisco Diaz
embraced Anita, in reaction Remegia struck Francisco with a bolo in the head causing injuries.
The two retrieved to the house of their 60 years old grandfather, Quintin Tadia.
After the incident, the 3 of them are going up the hill they encountered Francisco and his brother
Gerardo, while the 2 was going down, Gerardo shot Tadia using a bardog, causing the latter to go
downhill and instructed his brother to stab him. Francisco did so.
Meanwhile Remegia rushed towards her house, while Anita witness the incident from a bush
near it.
ISSUE
Whether or not the killing of Tadia constitutes an aggravating circumstance of disrespect to his
age? (NO)
RULING
The circumstance of old age cannot be considered aggravating. There was no evidence that the
accused deliberately intended to offend or insult the age of the victim. That circumstance may
be absorbed in treachery (People vs. Gervacio, L-21565, August 30, 1968, 24 SCRA 960; People
vs. Mangsant, 65 Phil. 548; People vs. Limaco, 88 Phil. 35, 44).