Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 259 views

    65.people Vs - Petena Case Digest

    Uploaded by

    justine bayos
    1. Edito Petenia, Carlo Castaneda and Romeo Lugon were employees of Mrs. Bonifacia Eustaquio Guanlao at her factory. 2. On April 30, 1978, Petenia, Castaneda and Lugon planned to kill and rob their employer. On May 1, 1978, they attacked Mrs. Guanlao at her factory, killing her. 3. They then stole valuables from her home and fled in her car, eventually dividing the stolen goods worth 75,000 pesos. The three men were convicted of robbery with homicide.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    65.people Vs - Petena Case Digest

    Uploaded by

    justine bayos
    259 views2 pages
    1. Edito Petenia, Carlo Castaneda and Romeo Lugon were employees of Mrs. Bonifacia Eustaquio Guanlao at her factory. 2. On April 30, 1978, Petenia, Castaneda and Lugon planned to kill and rob their employer. On May 1, 1978, they attacked Mrs. Guanlao at her factory, killing her. 3. They then stole valuables from her home and fled in her car, eventually dividing the stolen goods worth 75,000 pesos. The three men were convicted of robbery with homicide.

    Original Description:

    65.People vs.petena Case Digest

    Original Title

    65.People vs.petena Case Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. Edito Petenia, Carlo Castaneda and Romeo Lugon were employees of Mrs. Bonifacia Eustaquio Guanlao at her factory. 2. On April 30, 1978, Petenia, Castaneda and Lugon planned to kill and rob their employer. On May 1, 1978, they attacked Mrs. Guanlao at her factory, killing her. 3. They then stole valuables from her home and fled in her car, eventually dividing the stolen goods worth 75,000 pesos. The three men were convicted of robbery with homicide.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    259 views2 pages

    65.people Vs - Petena Case Digest

    Uploaded by

    justine bayos
    1. Edito Petenia, Carlo Castaneda and Romeo Lugon were employees of Mrs. Bonifacia Eustaquio Guanlao at her factory. 2. On April 30, 1978, Petenia, Castaneda and Lugon planned to kill and rob their employer. On May 1, 1978, they attacked Mrs. Guanlao at her factory, killing her. 3. They then stole valuables from her home and fled in her car, eventually dividing the stolen goods worth 75,000 pesos. The three men were convicted of robbery with homicide.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    PEOPLE VS.

    PETENIA 
    GR. NO L- 51256 
    12-Aug-86 
    PARAS, J.: 
     
    FACTS: 
     
    Edito Petenia, Carlo Castaneda and Romeo Lugon were employees of the victim, Mrs. Bonifacia 
    Eustaquio Guanlao, in her factory located at No. 52, 12th Avenue, Cubao, Quezon City. On April 
    30, 1978 Petenia, Castañeda and Lugon planned among themselves to kill and rob of her 
    valuables their employer Mrs. Guanlao. 
     
    On the morning of May 1, 2019, while Mrs. Guanlao was inside her bag factory, Petenia 
    approached the victim and covered the victim's mouth with his hand. As she struggled, she was 
    hit with an adobe stone from behind by Lugon, then Petenia delivered fistic blows on her as she 
    staggered from the blow. While the victim was lying mortally wounded on the ground, Lugon 
    and Petenia both hit the victim's head which caused her death. Simultaneously, Castaneda 
    entered the victim's house and entered the victim's bedroom and took her valuables. They then 
    drove the Ford Fiera of the victim as their get-away vehicle with Castaneda on the wheels, 
    abandoning it later at Tejeron Street, Makati Metro Manila. From there, the three proceeded to 
    Pasay City where they boarded a JB Bus bound for Sorsogon, then, they went later to Samar, 
    then to Tacloban Leyte and to Barrio Tawagan, Oras, Eastern Samar where they divided the 
    loot composing of cash and valuable amounting to Php 75,000.00. Later they went their 
    separate ways and hide. 
     
    The lower court did give consideration regarding Castaneda's claim that he was threatened 
    with a knife, Castaneda could have easily escaped from his companions when he was already 
    at the house of the victim as he was by then no longer within their view. In fact this was the 
    first of a series of opportunities for him to run away from them and to report the crime to the 
    authorities. The lower court did not give merit to the defense the apprehended persons were 
    then charged with the crime of robbery with homicide and sentenced to death.  
       
      Hence, this automatic review. 
     
    Issues: 
      Whether or not the court has erred in not acquitting the defendants-appellants despite 
    the presence of the exempting circumstance of uncontrollable fear. 
     
    Ruling: 
     
    No. The appellants contest that they committed the crime "under the impulse of an 
    uncontrollable fear of an equal or greater injury." This defense does not deserve serious 
    consideration. For this exempting circumstance to be invoked successfully, the following 
    requisites must concur: (a) existence of an uncontrollable fear; (b) the fear must be real and 
    imminent; and (c) the fear of an injury is greater than or at least equal to that committed. The 
    Court did not find a reason to disturb the finding of conviction .the contention of the defense 
    thus the judgment of the trial court is modified by the imposition of the penalty of reclusion 
    perpetua in lieu of death but AFFIRMED in all other respects.   
     

    You might also like