UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Franco Luis G.

Lopez
Crim Professor Theodore O. Te
People v. Cabato
G.R. No. L-37400 – April 15, 1988
Supreme Court of the Philippines
Justice Cortes

Topic: Aggravating Circumstances (Circumstances Affecting Penalties to Be Imposed

Relevant Article:
Art. 14 (3), (13), (14), (15), (16). Aggravating circumstances. — The following are aggravating
circumstances:
(3) That the act be committed with insult or in disregard of the respect due the offended party on account of
his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given
provocation.
(13) That the act be committed with evidence premeditation.
(14) That the craft, fraud or disguise be employed.
(15) That advantage be taken of superior strength, or means be employed to weaken the defense.
(16) That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person, employing means,
methods, or forms in the execution thereof which tend directly and specially to insure its execution, without
risk to himself arising from the defense which the offended party might make.

Circumstances added by the Supreme Court:

(PERSONAL NOTE: This seems more important, in the context of where this case is assigned in the
syllabus, than the actual determination of Cabato’s guilt beyond reasonable doubt for ROBBERY
WITH HOMICIDE, which the court upheld the Court of First Instance in finding so)

1. Dwelling:

Dwelling is aggravating in robbery with violence or intimidation because this class of robbery can be
committed without the necessity of trespassing the sanctity of the offended party's house [People v.
Mercado, L-39511, April 28,1980, 97 SCRA 232; People v. Dajaresco, L-32701, June 19, 1984, 129 SCRA
576; People's vs. Gapasin, G.R. No. 52017, Oct. 27, 1986, 145 SCRA 178].

2. Disguise:

The accused, together with two others, wore masks to cover their faces. There could have been no other
purpose for this but to conceal their Identities particularly for Cabato who was very much known to the
offended parties. The fact that the mask subsequently fell down thus paving the way for Cabato's
Identification will not render this aggravating circumstance inapplicable. In a recent case, the Court held
'that Darwin Veloso and his five (5) companions wore masks [which eventually fell down] to conceal their
Identities during the commission of the crime constitutes disguise" [People v. Veloso, L-32900, Feb. 25,
1982, 112 SCRA 173, 182].
 UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Franco Luis G. Lopez
Crim Professor Theodore O. Te

Case Summary

The case covers an appeal by accused-appellant Sabangan Cabato appeals from the judgment of the Court of
First Instance (now Regional Trial Court) of Zamboanga del Norte finding him guilty of the crime of
ROBBERY WITH HOMICIDE. The Supreme Court, on appeal of Cabato, upheld the CFI ruling, with
modifications as to the civil indemnity, by increasing it upon the Court’s holding of additional aggravating
circumstances, whilst dismissing the aggravating circumstance (3) for lack of proof from the prosecution
that Cabato utilized the difference in age and sex in committing the crime. (See: Relevant Article;
Circumstances added by the Supreme Court)

FACTS OF THE CASE

 When Herminia, one of the victims, was opening the door to feed their dog, accused Cabato and two
other companions, armed with firearms and stones, and covered with masks, entered the dwelling of
Victor and Herminia for the purpose of robbing them

 Two restrained Victor and covered his mouth, then hit said mouth with a stone, causing his tooth to
fall, while Cabato grappled Hermina. The mask that Cabato was wearing fell out, revealing himself
to Hermina, which prompted her response: "Sabangan (Cabato), do not kill us, we will give you
money."

 Cabato then struck Herminia with stones for several times, inflicgint upon her abrasions and
contusions, which ultimately caused her death.

 The defense raised by Cabato was that at the time his presence and involvement was alleged in the
crime committed, he was gathering corn with his father-in-law, followed by pasteurizing his carabao,
and staying in his house for the remainder of the night.

 The trial court convicted Cabato of the crime of robbery with homicide, with the following
aggravating circumstances: treachery, evident premeditation, dwelling, superior strength, and
without respect due to ages and sex

RULING

WHEREFORE, the appealed judgment is hereby AFFIRMED insofar as the judgment sentenced the accused
to suffer the penalty of RECLUSION PERPETUA but is MODIFIED insofar as the civil indemnity is
concerned which is hereby increased to P30,000.00.

SO ORDERED.

Fernan, (Chairman), Gutierrez, Jr., Feliciano, and Bidin, JJ., concur.