People v Rodil (1981) case digest

G.R. No. L-35156

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.

The aggravating circumstance of disregard of rank should be appreciated because it is obvious that the
victim. Identified himself as a PC officer to the accused who is merely a member of the Anti-Smuggling
Unit and therefore inferior both in rank and social status to the victim. If the accused herein were charged
with the complex crime of murder with assault against an agent of a person in authority, and not merely
murder, then the aggravating circumstance of disregard of rank or contempt of or insult to public authority
cannot be appreciated as aggravating because either circumstance is inherent in the charge of assault
against a person in authority or an agent of a person in authority.

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.