People vs Yolando Libre

G.R. No. 192790 | August 01, 2016

Doctrine: The failure to allege in the Information of an

aggravating circumstance will not be appreciated to impose
higher penalties and increase the amount of damages.

NOTA BENE: However, in the civil aspect, the presence of an

aggravating circumstance, even if not alleged in the
information but proven during trial would entitle the victim to
an award of exemplary damages. (People vs Jugueta, April
2016)

Facts: Perpetrators went to the house of the victim with

firearms and acted in concert together. The prosecutor was
able to prove the aggravating circumstance of dwelling but it
was not alleged in the Information.

Issue: WON the penalty will be affected by an aggravating

circumstance that was not alleged in the Information?

Held: No. The court could have imposed higher penalties and
increased the amount of damages if the prosecution has
alleged in the Informations the aggravating circumstance of
dwelling, considering that the victims were inside their dwelling
when the crimes were committed. Having failed to allege the
aggravating circumstance of dwelling - an ordinary aggravating
circumstance and proven during the trial, the same could not
be appreciated to impose higher penalties and increase the
amount of damages. Prosecutors are, therefore, enjoined to be
more careful and prudent in determining the modifying
circumstances that attend the commission of the crimes and in
properly alleging the same in the Informations that they file
before the courts to better serve the ends of justice.