18. People v.

Dioso
G.R. Nos. L-38346-47 | 23 October 1984 | Escolin, J.
Aggy | Topic: Article 160 – Quasi-recidivism

TLDR: Accused killed the victims to avenge the death of their co-gang member who was killed due to the
clash between the gangs of the victims and two accused. They’re quasi-recidivists since the murder
happened while they were serving their sentence for their first offenses. They both voluntarily surrendered
and pleaded guilty. They were sentenced to death by trial court. SC held that the special aggravating
circumstance of quasi-recidivism cannot be offset by any ordinary mitigating circumstance. But since the
requisite votes for affirming death sentence was not reached, they commuted the penalty to reclusion
perpetua.

Doctrine:
Quasi-recidivism is a special aggravating circumstance that cannot be offset by any ordinary mitigating
circumstance.

Facts:
1. Teofilo Dioso and Jacinto Abarca (two accused) are prisoners in the New Bilibid Prison in
Muntinglupa, Rizal. (Dioso was previously convicted of robbery; Abarca was previously convicted
of homicide.) Both are members of Batang Mindanao gang.
2. The crime was committed inside the New Bilibid Prison while both accused where serving their
sentences.
a. The victims (Angelito Reyno and Fernando Gomez) were members of the Happy Go
Lucky gang.
b. There was a clash between the two gangs (Batang Mindanao & Happy Go Lucky) which
resulted to the death of Balerio, a member of Batang Mindanao. Wanting to avenge the
Balerio’s death, the accused went on to kill the two victims.
c. The victims were stabbed with improvised knives while they were both sick and confined in
the prison hospital. At that time, Reyno was having breakfast, while Gomez was lying on the
bed (this is why there’s treachery). Abarca stabbed Gomez, while Dioso attacked Reyno.
After Reyno fell, Dioso helped Abarca finish off Gomez.
d. The accused were met by a prison guard at the corridor and they both gave themselves up
and surrendered their weapons.
3. Trial court found them guilty of murder (because it appreciated treachery) and sentenced them to
death. Both pleaded guilty and they made no attempt to impugn lower court’s conclusion of their
guilt, but they seek attenuation of the death sentence imposed by invoking the mitigating
circumstances of voluntary surrender and plea of guilty.

Issue/Holding:
W/N quasi-recidivism can be offset with ordinary mitigating circumstances? – NO.
• The accused are both quasi-recidivists since the crime was committed while they were
serving their sentence for their first offenses.
• Under Art. 160, the maximum penalty prescribed by law for the new felony (in this case, murder)
regardless of the presence or absence of mitigating or aggravating circumstance. Accordingly,
quasi-recidivism cannot be offset with the mitigating circumstances of voluntary
surrender and plea of guilty.
• BUT because of the lack of requisite votes, SC had no choice but to commute the death
sentence to reclusion perpetua.

Ruling:
Dioso and Abarca is sentenced to reclusion perpetua and to indemnify the heirs of deceased.