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CASE 52 Crimlaw

The defendant was tried for robbery with homicide for allegedly entering the home of Yap Bon Uan through a window, stealing P400, and killing Yap Bon Uan, his nephew Pilgrim Antonio Yap, and Yap's son Fedencio Constantino with a bolo while they slept. The court found the defendant guilty, not of robbery with homicide, but of three separate counts of murder, as he killed three people with different acts. As the killings occurred in the victims' home while they slept, and the defendant entered by climbing through a window, the court sentenced the defendant to death for each murder, though the sentence could only be carried out once, and ordered him to pay P

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40 views1 page

CASE 52 Crimlaw

The defendant was tried for robbery with homicide for allegedly entering the home of Yap Bon Uan through a window, stealing P400, and killing Yap Bon Uan, his nephew Pilgrim Antonio Yap, and Yap's son Fedencio Constantino with a bolo while they slept. The court found the defendant guilty, not of robbery with homicide, but of three separate counts of murder, as he killed three people with different acts. As the killings occurred in the victims' home while they slept, and the defendant entered by climbing through a window, the court sentenced the defendant to death for each murder, though the sentence could only be carried out once, and ordered him to pay P

Uploaded by

Janainah Diamla Saripada
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CASE #52 CRIM.

LAW

G.R. No. L-42744 March 27, 1935

THE PEOPLE OF THE PHILIPPINE ISLANDS,


vs.
BENJAMIN BARRUGA,

Facts:

The defendant was tried before Judge Diego Locsin in the Court of First Instance of Masbate on a
plea of not guilty to an amended information for the crime of robbery with homicide.

That on or about March 16, 1934, in the Municipality of San Jacinto, Province of Masbate,
Philippines, the accused of a bolus, for profit and through force and violence, voluntarily, illegally and
criminally entered passing through the window of the inhabited house of one called Yap Bon Uan aka
Uana seizing the money contained in a wooden box that amounted to the amount of P400 of the
property of said Yap Bon Uan aka Uana and on the occasion of said theft, by alevosia, well-known
pledge, abuse of superiority, nocturnality and dwelling, aggression and hatred of the aforementioned
Yap Bon Uan aka Uana and the children named Pilgrim Antonio Yap and Fedencio Constantino son and
nephew respectively of the aforementioned Yap Bon Uan aka Uana with the bolus of which he was
provided, causing said YapBon Uan aka Uana, Pilgrim Antonio Yap and Fedencio Constantino several
mortal wounds of necessity in the different parts of the body and as a result of which, the re Holidays
Yap Bon Uan aka Uana, Pilgrim Antonio Yap and Fidencio Constantino died instantly on the spot.

Issue:

WON the accused guilty for the crime of robbery with homicide.

Ruling

No. The appellant guilty not of the complex crime of robbery with homicide, as found by the lower
court, but of three crimes of murder, since the facts alleged and proved constitute three separate
crimes, that is, the killing of three persons by different acts, and it was alleged and proved beyond any
reasonable doubt that the appellant slew the three persons treacherously while they lay asleep; and
since it was proved that the deceased were murdered in their own dwelling, and the appellant gained
access thereto by climbing through a window, and these two aggravating circumstances are not offset
by any mitigating circumstance, the appellant must be, and he hereby is, sentenced to suffer the penalty
of death for each of the three crimes, although the sentence cannot be executed more than once, and
to indemnify the heirs of each of the deceased persons in the sum of P1,000.

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