People vs. Palon G.R. No.

L-33271

Facts: At about 9:00 o’clock in the evening of June 1, 1970, accused Palon, together
with his companion Epifanio Flores, approached Perfecto Cruz, driver and owner of
a tricycle and asked the latter to drive them to Tabang, Plaridel, Bulacan. Upon
reaching their destination, the accused and his companion ‘repeatedly’ stabbed said
owner and driver of the tricycle, and forcibly took the vehicle from his possession. A
policeman who was nearby, brought the victim to Santa Maria General Hospital in
Bulacan, for treatment, and then to the Jose Reyes Memorial Hospital in Manila,
where he died on June 2, 1970.

Issue: 1) Whether or not the aggravating circumstance of taking advantage of

nocturnity was present in this case.
2) Whether or not generic aggravating circumstance of craft was present in this
case.

Ruling:

1) There are two tests of nocturnity as an aggravating circumstance: the objective

test, under which nocturnity is aggravating because it facilitates the commission of
the crime and the subjective test, under which nocturnity is aggravating because it
was purposely sought for by the offender. The two are to be applied in the
alternative. Hence, even if accused-appellant Palon and Epifanio Flores did not
purposely and specifically seek to commit the felony of robbery with homicide in the
evening of June 1, 1970, nocturnity may still be appreciated as an aggravating
circumstance since the same undeniably facilitated the commission of the
preconceived crime.

2) Yes, since there was an intellectual trickery and cunning by the accused through
their pretention as passengers of the tricycle driven by the victim, craft was also
involved.