GR 40331; (April, 1934) (Digest)
G.R. No. 40331; April 27, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SILVERIO DAOS, DOMINADOR SABLADA and GERARDO BACARIZAS, defendant-appellants.
FACTS
The appellants, Silverio Daos, Dominador Sablada, and Gerardo Bacarizas, were convicted of the complex crime of robbery with homicide and sentenced to death. The victim, Felino Dumalo, a taxi driver, was found dead inside his cab on June 7, 1933, with autopsy results indicating death by asphyxia due to strangulation. The appellants, who were unemployed strikers, had planned to rob a taxi driver and kill him to obtain money. They hailed Dumalo’s taxi, and during the ride, Daos and Bacarizas attacked Dumalo from the back seat, strangling him, while Sablada took control of the vehicle. After killing Dumalo, they took a small amount of money from him. The appellants were arrested following confessions by Sablada and Bacarizas, which led to Daos’s arrest.
ISSUE
Whether the trial court erred in: (1) convicting the appellants of robbery with homicide instead of simple murder; (2) imposing the death penalty; and (3) not appreciating the mitigating circumstance of passion and obfuscation.
RULING
The Supreme Court affirmed the conviction and the death penalty. The crime committed was robbery with homicide under Article 294(1) of the Revised Penal Code, as the killing was perpetrated on the occasion of the robbery. The court found the aggravating circumstances of craft and treachery, as the appellants pretended to be bona fide passengers to deceive the victim, and the attack was sudden and from behind, ensuring no defense. Evident premeditation was inherent in the robbery and not separately considered. The mitigating circumstance of passion and obfuscation was not applicable, as the appellants’ motive—financial need due to unemployment from a strike—was not a lawful or powerful enough impulse to justify the crime. Even if treated as murder, the aggravating circumstances would still warrant the death penalty. The judgment was affirmed in toto.
AI Generated by Armztrong.