G.R. No.

L-44274 January 22, 1980

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
LUISITO SAN PEDRO, et al., accused, ARTEMIO BANASIHAN, defendant-appellant.
A lifeless body was found somewhere between the barrios of Masaya and Paciano Rizal Municipality of Bay,
Laguna, which was brought for autopsy in the municipal building where it was found that the person died of
profuse hemorrhage due to 23 lacerated and stab wounds and multiple abrasions found on the different parts of the
body.
The deceased was identified to be Felimon Rivera, a driver of a passenger jeep belonging to Pablito delos Reyes,
a fruit vendor. Rodrigo Esguerra, when apprehended and interviewed by the police, admitted his participation and
named his companions. He gave a written statement. Soon the police began rounding up the other suspects.
Artemio Banasihan was then apprehended. He confessed his participation in the robbery and killing of Rivera.
Banasihan recounted that four days before the crime, he and his co-accused met and planned to get the jeep driven
by the deceased. Carrying out their plan, he and Luisito San Pedro approached Rivera in the afternoon of June 2,
1970 and on the pretext of hiring Rivera's jeep to haul coconuts, they proceeded to Brgy. Puypuy in Bay, Laguna,
where they were joined by Salvador Litan and Rodrigo Esguerra. Esguerra was then carrying a water pipe
wrapped in paper. Upon reaching a river between the barrios of Mainit and Puypuy San Pedro ordered Rivera to
stop.
Whereupon, at Esguerra's signal, Litan hit Rivera at the nape with the water pipe. Rivera jumped out of the jeep
but was chased by San Pedro and Litan who stabbed him at the back several times with a dagger. Esguerra then
drove the jeep and the group proceeded to Makati, Rizal. The jeep was brought to Cavite City where it was sold
for P2,000.00. Four days later, Piso went to Los Baos and gave San Pedro, Litan and Banasihan P50.00 each,
with the promise that the balance would be given later. However, the promised balance was not given them.
Accused did not dispute above facts.
CFI LAGUNA - Death penalty, crime of robbery with homicide.
ISSUE
Whether the aggravating circumstance of craft is absorbed by treachery
RULING
No.
In the instant case, craft was employed not with a view to making treachery more effective as nighttime and abuse
of superior strength would in the killing of the victim. It was directed actually towards facilitating the taking
of the jeep in the robbery scheme as planned by the culprits. From the definition of treachery, it is manifest that
the element of defense against bodily injury makes treachery proper for consideration only in crimes against
person as so explicitly provided by the Revised Penal Code (Art. 14[16]).

With the presence of two aggravating circumstances, craft and treachery, it would make no difference even if the
mitigating circumstance of lack of instruction were appreciated in appellant's favor which is even doubtful from
the fact alone, as was allegedly proven by the testimony of appellant that he cannot read and write but can only
sign his name (P. 9, t. s. n. Sept. 1, 1975).

NOTES
U.S. vs. Gampona, et al., 36 Phil. 817 (1917) where the crime charged was murder, qualified by treachery, craft
was considered separately to aggravate the killing. Note that in this cited case, the crime was killing alone, which
has a weightier rationale. for, merging the two aggravating circumstances, than when, as in crime of robbery with
homicide, craft has a very distinct application to the crime of robbery, separate and independent of the homicide.
In People v. Malig, 83 Phil. 804, (1949) craft which consisted in luring the victim to another barrio, was
considered absorbed by treachery. This may be so because craft enhanced the effectiveness of the means, method
or form adopted in the execution of the crime, one against persons, "which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make." Even so, the
Court was divided in the inclusion or absorption of craft by treachery.