ABELLA, Ma.

Kiana | AGUILAR, Yna Marei | ARCILLA, Ericka Anne

TOPIC: Craft, fraud or disguise CASE TITLE: People VS. Empacis

DATE: May 14, 1993 GR NO.: G.R. No. 95756

DOCTRINE:
Aggravating circumstances; craft or fraud; appreciated in case at bar.

FACTS:
 At about 9:00 pm on the night of September 16, 1986 Fidel Saromines and his wife Camila were about to close
their small store located at their house in Kanguha, Dumanjug, Cebu.
 Two men came and asked to buy some sardines and rice, they were Romualdo (or Maldo) Langomez and
Crisologo Empacis. Camila served them and they proceeded to make a meal of the rice and sardines.
 After finishing their meal, they asked to buy cigarettes from Fidel, as Fidel was handing them their cigarettes,
they announced a hold-up and commanded Fidel to surrender his money.
 Fidel then handed them P12,000 wrapped in a cellophane, but he then hesitated and decided to keep his
money.
 A struggle for the money followed during which Romualdo stabbed Fidel three times and Crisologo joined in
and stabbed Fidel as well.
 Fidel’s son Peter saw what was going on and came to his father’s defense he took hold of his “ pinuti” (a long
bolo) he struck two wounds at Crisologo one at the right shoulder, and the other, in the neck.
 Crisologo and Romualdo then jumped out of the house and fled.
 Fidel eventually died due to his injuries.
 Crisologo then sought treatment for the wounds he incurred, and when the police looked for him the doctor
who treated him directed them to the public market where he was found having breakfast and then he was
arrested.
 Crisologo however claimed that it was only, Romualdo who still remained at large, who killed Fidel and that he
was actually there to protect Fidel; but it was eventually refuted by the prosecution.
 Crisologo was then charged with the crime along with several aggravating circumstances, having been
perpetrated (a) "in the dwelling of the offended party . . .
(the latter not having) given provocation," (b) "in the nighttime " (c) with employment
of "craft or fraud" and (d) with advantage being taken of superior strength.

ISSUE:
Whether or not craft or fraud is present as an aggravating circumstance in the commission of the crime.

HELD and RATIO:

YES!
The aggravating circumstance of craft or fraud was properly appreciated against Empacis. He and Romualdo pretended
to be bona fide customers of the victim's store on this pretext entered the latter's store and later, into another part of his
dwelling. This Court has held stratagems and ruses of this sort to constitute the aggravating circumstance of fraud or
craft, e.g.: where the accused —
a) pretended to be constabulary soldiers and by that ploy entered the
residence of their prey whom they thereafter robbed and killed;
b) pretended to be needful of medical treatment, and through this artifice, entered the
house of the victim whom they thereupon robbed and killed;
c) pretended to be wayfarers who had lost their way and by this means gained entry
into a house, in which they then perpetrated the crime of robbery with homicide;
d) pretended to be a customer wanting to buy a bottle of wine;
e) pretended to be co-passengers of the victim in a public utility vehicle;
f) posed as customers wishing to buy cigarettes; and as being thirsty, asking for drink
of water.

DISPOSITIVE:
WHEREFORE, with the modification that the indemnity for death payable to the heirs of Saromines is increased to
P50,000.00 and restitution of the amount of P12,000,00 shall be made by the accused, jointly and severally, the
Decision of the Trial Court subject of this
appeal is hereby AFFIRMED.
ABELLA, Ma. Kiana | AGUILAR, Yna Marei | ARCILLA, Ericka Anne