LIZET 6-10
ART 14 AGGRAVATING CIRCUMSTANCES
6. PEOPLE VS DATU AMBIS
FACTS:
1938, CFI, Davao – accused found guilty of
murder with qualified treachery; aggravating
circumstance of dwelling compensated by
mitigating circumstance of lack of education
and instruction.
Sentence: reclusion perpetua; indemnify heirs
P1,000. Pay costs.
Accused wanted to take Ambrosia Puton
(Ambuyong), a widow, to be one of his wives
but was declined. Accused resented this and
threatened that if she remarries, he would kill
her second husband.
Ambuyong nevertheless married for the second
time, to Esteban Fameron. She moved in with
him together with her 5 children from her first
marriage. On the night of May 13, 1938, while
having supper, they heard gunshots and
Esteban fell face downward to the floor.
Ambuyong aqnd her brother was able to
identify Datu Ambis with the shotgun.
Upon examination it was found that the
deceased died from gunshot wounds that
penetrated from the behind.
ISSUE: WON crime was homicide as argued by
the defense.
HELD: No. Crime was murder with wualified
treachery, the deceased was fired upon while
he had his back turned; CFI judgment affirmed.
7. PEOPLE VS PAREJA HELD: Night time, No. Dwelling, yes. Accused
found guilty of attempted robbery with
FACTS: homicide.
Nov 22, 1986, Pawa Legaspi City. At around 8. PEOPLE VS CABRESOS
2am, in the house of the Jacob Family, while
they were sleeping—Generoso in a folding bed FACTS: June 29, 1988, Balingonan, Misamis
in the kitchen, 3 steps below , in the sala, was Oriental
his wife and 4 chikldren. In the lone room was
Emelita, husband Romeo and their baby. Editha Pesidas was only 16 years old when the
incident of rape happened. The accuse, Roque
They were roused form their sleep by 3 masked Cabresos, is an uncle of the victim, he being a
intruders, who gained entry by destroying the cousin of the victim’s mother.
bamboo wall by the kitchen sink. As one of the
masked man asked one of the children, Sabina Cabresos lived with the family. One night, while
the parents were in the hospital, the accused
for the Betamax, the girl without thinking
about 2am entered the room of Editha, poked
snatched off the mask and recognized him to be
aknife to her throat, got on top of her and
Antonio Pareja. He tried to stab Sabina but she
raped her that lasted for about 30mins.
was able to evade it, then jumped out the
Afterwards, he threatened her that if she would
window.
tell, he would kill her.
In the bedroom, a masked man was trying to lift
Victim, for fear of life, kept the incident to
the TV set but couldn’t because of its weight.
herself , until her parents notice that she was
He was pointing a gun to Emelita’s sentido, she
pregnant. She then confessed to her parents
recognized the shirt covering the face of the
what happened, and they reported to the
man to be hers. She snatched it off and
police.
recognized him to be Jose Toledo, confirming
her suspicion basing on his build and voice.
ISSUE: WON the case is aggravated by abuse of
When the neighbors came, for they heard their confidence and obvious ungratefulness and use
of deadly weapon.
calls for help, the trio fled.
Then, they heard Generoso moaning in the
kitchen, he was stabbed in the chest and died
HELD: Yes. Accused found to be guilty of rape
from it.
and ordered to recognize his child.
ISSUE: WON night time and dwelling may be
appreciated as aggravating circumstances of the
case.

9. PEOPLE VS TEODORO LUCHICO
FACTS:
Victim, Inocencia Salva, a 13 year old servant of
Teodoro Luchico , was approached by her
master who said “ Do not make an outcry from
where you are lying down. Because I love you.”
Inocensia answered, “That cannot be, I look up
on you as my father.” The accused then caught
her by the face and kissed her left cheek.
Inocensia ran to the parlor and secured a pen
knife but the same was snatched from her by
the accused who had followed her. She
sustained a wound in here hand. She then ran
out to report the matter to the municipal
president, whom she found at a pharmacy. As
she was recounting her story, the accused
interrupted and told the President not to
believe her because she had been ill with
typhoid fever.The official paid no attention to
her and after treating the wound, he told them
to go home.
The accused told Inocensia that if she will not
go with him, that he would break her feet, while
taking hold iof her right arm. Upon passing by a
place where houses were distant and upon
reaching a camachile tree, accused threw the
girl to the ground, caught hold of her knees,
covered her mouth and mounted her, took out
his genital organ, wet it with saliva and
introduced it with difficulty and great suffering
of the girl, into her private parts. After, the
rape, accused carried her to Palcida Javier’s
house. He sent for her niece to get a chemise
for Inocensia because her dress was oiled with
blood that had oozed from her genital organ as
a result of rape. She was then taken to the
house of the brother of the accused where she
spent the night. At dawn, under the pretext that
she was going to mass, left and instead went to
the house of the ex-municipal president,
Arsenio Roldan ; because the present municipal
president would not listen to her. She was sent
to Lt. Selga of the Constabulary of Caloocan.
She presented her blood stained dress, and
submitted herself to examination.
ISSUE: WON aggravating circumstances of
nocturnity and abuse of confidence may be
appreciated in this case.
HELD: Noctunity, yes – crime was committed in
a span of 2 hours , nighttime was the most
favourable occasion to carry out the crime.
Abuse of confidence, no – loss of confidence
happened at the time when accused made an
indecent proposal and offended her with a kiss.
10. PEOPLE VS LUNGBOS
FACTS:
12 July 1980, Zamboanga City
In Angels Garden, at about 7:30pm, Romeo
Narido, Jackariya Lungbos with 2 unidentifeid
men were drinking beer, ordered cigarettes and
pulutan. At 10pm Lungbos went out of the
restaurant. Narido closed the the door and then
proceeded to a table and collared a customer,
Rolando Chiong. When he attempted to stand
up, he was shot by Narido. Narido’s 2
companions proceeded to the cashier, poked a
gun at Elizabeth Mahinay and at Julian Legarde,
the father-in-law of the restaurant owner, who
was seated behind the counter. They demanded
the day’s from Mahinay . P800; and divested
Legarde of his wristwatch and wallet with p40.
A burst of gunfire rang from the counter, then
the malefactors fled with their loot.
Chiong, Legarde and the reataurant’s cook,
Flaviano Gonzales were hit . Legarde died form
sun shot wound in the abdomen. The two with
medical intervention, survived.
Narido and Lungbos were apprehended and
arraigned, pleaded not guilty. During the trial,
Narido escaped but was recaptured a month
later. He then requested for a re-arraignment,
confessed his guilt, and pleaded guilty to the
charges.
ISSUE : WON the aggravating circumstances of
nocturnity and crime committed by band be
appreciated in this case.
WON Narido, by voluntary confessing his guilt is
entitled to a mitigating circumstance.
HELD: Nocturnity, yes – they lingered in the
restaurant for 3 hours, and waited for darkness
to pursue their scheme.
Crime by band , no – it wasn’t proven that all
four malefactors were armed.
Narido, no because trial has commenced and
prosecution had already presented evidence.
Altho, this has become moot in view of the
abolition of death penalty under 2987
Constitution.
Narido, guilty of robbery with homicide, penalty
reduced to reclusion perpetua.