People v Rodil

(1981) G.R. No. L-

FACTS:

Accused Floro Rodil was found guilty for the death of Lt. Guillermo Masana of the
Philippine Constabulary. The accused, armed with a double-bladed dagger, with
evident premeditation and treachery, and with intent to kill, did, attack and stab PC
Lt. Guillermo Masana while the latter was in the performance of his official duties,
which directly caused his death.

ISSUE:

Whether or not the crime of murder can be complexed with assault upon agent of
authority.

HELD:

Yes. The Solicitor General claims the crime committed was murder because "it was
established by the prosecution that during the stabbing incident, appellant suddenly
and without giving the victim a chance to defend himself, stabbed the latter several
times with a dagger, inflicting. The suddenness of the attack does not by itself suffice
to support a finding of treachery , the record failed to show that the accused made any
preparation to kill his victim so as to insure the commission of the crime. Clearly,
therefore, the impelling motive for the attack by appellant on his victim was the latter's
performance of official duty, which the former resented. This kind of evidence does not
clearly show the presence of treachery in the commission of the crime.

But in the case at bar, the appellant is accused of murder only. Consequently, either
aggravating circumstance should be considered in the imposition of the penalty.
Appellant guilty of HOMICIDE AGGRAVATED BY CONTEMPT FOR OR INSULT TO A
PUBLIC AUTHORITY OR DISREGARD OF THE RESPECT DUE THE OFFENDED
PARTY ON ACCOUNT OF HIS RANK.