10/28/2018 PHILIPPINE REPORTS ANNOTATED VOLUME 099

[No. L-8966. May 25, 1956]

THE PEOPLE OF THE PHILIPPINES, plaintiff and

appellee, vs. JORGE SONSONA, defendant and appellant.

Appeal from the judgment of the Court of First Instance of

Cebu finding Jorge Sonsona guilty of robbery with
homicide upon the person of Patricia Sonsona and
sentencing him to an indeterminate penalty of from 12
years of prison mayor to 20 years of reclusion temporal,
and to indemnify the heirs of the deceased in the sum of
Pl,700 for money stolen and P2,000 for her death, with
costs. The defense set up is alibi, but this has been
disproved by the prosecution. The appellant is guilty of
robbery with homicide. The aggravating circumstance of
superior strength cannot be considered as having
attended the commission of the crime, because while two
men assaulted the deceased, who was a girl, they did not
use any arms, but limited themselves to the use of their
arms and hands, so their superior strength can not be so
marked. That of dwelling, unoffset by any mitigating
circumstance, is present.
Judgment appealed from modified, in the sense that the
penalty imposed by the lower court is raised to recluswn
perpetua, and the indemnity to be paid by appellant,
together with the other who has been found guilty of
participating in the

1039

commission of the crime, is rased to P4,000 for the death of

Patricia Sonsona, with costs. Labrador, J., ponente.

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