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    75 People Vs Palon

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    Rogel Exequiel Talagtag
    This case involved Romeo Palon and Epifanio Flores who were charged with conspiring to rob and kill Perfecto Gatmaitan Cruz by stabbing him with a balisong knife while stealing his tricycle. Palon appealed, arguing the court erred in considering conspiracy, abuse of superior strength, nighttime, and craft as aggravating circumstances. The court ruled that while conspiracy is not itself an aggravating circumstance, nighttime did facilitate the crime. It also found that craft could be considered even if not alleged in the information. It affirmed the trial court's decision, finding Palon guilty of robbery with homicide.

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    75 People Vs Palon

    Uploaded by

    Rogel Exequiel Talagtag
    95 views1 page
    This case involved Romeo Palon and Epifanio Flores who were charged with conspiring to rob and kill Perfecto Gatmaitan Cruz by stabbing him with a balisong knife while stealing his tricycle. Palon appealed, arguing the court erred in considering conspiracy, abuse of superior strength, nighttime, and craft as aggravating circumstances. The court ruled that while conspiracy is not itself an aggravating circumstance, nighttime did facilitate the crime. It also found that craft could be considered even if not alleged in the information. It affirmed the trial court's decision, finding Palon guilty of robbery with homicide.

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    75 People vs Palon

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    This case involved Romeo Palon and Epifanio Flores who were charged with conspiring to rob and kill Perfecto Gatmaitan Cruz by stabbing him with a balisong knife while stealing his tricycle. Palon appealed, arguing the court erred in considering conspiracy, abuse of superior strength, nighttime, and craft as aggravating circumstances. The court ruled that while conspiracy is not itself an aggravating circumstance, nighttime did facilitate the crime. It also found that craft could be considered even if not alleged in the information. It affirmed the trial court's decision, finding Palon guilty of robbery with homicide.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    95 views1 page

    75 People Vs Palon

    Uploaded by

    Rogel Exequiel Talagtag
    This case involved Romeo Palon and Epifanio Flores who were charged with conspiring to rob and kill Perfecto Gatmaitan Cruz by stabbing him with a balisong knife while stealing his tricycle. Palon appealed, arguing the court erred in considering conspiracy, abuse of superior strength, nighttime, and craft as aggravating circumstances. The court ruled that while conspiracy is not itself an aggravating circumstance, nighttime did facilitate the crime. It also found that craft could be considered even if not alleged in the information. It affirmed the trial court's decision, finding Palon guilty of robbery with homicide.

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    © All Rights Reserved
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    People vs. Palon, No.

    L-33271, February 20, 1984


    Topic: Article 14. Aggravating Circumstances. — The following are aggravating circumstances:
    XXX
    6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band,
    whenever such circumstances may facilitate the commission of the offense.
    14. That craft, fraud, or disguise be employed.
    Facts:
    - Romeo Palon and Epifanio Flores (at large) were charged of conspiring, confederating
    and mutually helping one another and willfully, unlawfully and feloniously, with intent to
    kill and by means of violence and intimidation take, rob and carry away with them a
    tricycle, that simultaneously and on the occasion of the commission of the said robbery,
    the said accused, with intent to kill, pursuant to their conspiracy, did then and there
    attack, assault and stab with a balisong knife the said Perfecto Gatmaitan Cruz, hitting
    him in the different parts of his body and which directly caused the death Cruz.
    - Palon appealed that the court erred in considering conspiracy, abuse of superior
    strength, nighttime, and craft (not alleged but proven in this trial) as an aggravating
    circumstance and in not acquitting him on the ground that prosecution failed to prove his
    guilt beyond reasonable doubt.
    Issues:
    - WON Palon and Banatlao committed murder with aggravating circumstance of
    conspiracy, abuse of superior strength, nighttime, and craft.
    Ruling:
    - On conspiracy, conspiracy does not aggravate the penalty to be imposed as it is not one
    of those mentioned in Article 14 of the Revised Penal Code. It only determines the
    criminal responsibility of the perpetrators of the crime, that is, whether it is individual or
    collective.
    - On the aggravating circumstance of nighttime, even if Palon and Epifanio Flores did not
    purposely and specifically seek to commit the felony of robbery with homicide in the
    evening of June 1, 1970, nocturnity may still be appreciated as an aggravating
    circumstance since the same undeniably facilitated the commission of the preconceived
    crime.
    - The contention that since “craft” was not included as one of the aggravating
    circumstances in the information, the same should not have been considered, is
    erroneous. A generic aggravating circumstance like craft or fraud not alleged in the
    information may be proven during the trial over the objection of the defense and may be
    appreciated in imposing the penalty.
    - Robbery with homicide is present where one of two culprits got hold of the operation of
    the tricycle from its driver who was then stabbed inside while the tricycle was being thus
    driven.
    - Court affirmed the decision of the trial court.

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