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    PP Vs Dio

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    PrincessAngelaDeLeon
    Hernando Dio and Danilo Tobias attempted to rob Crispulo Alega of his wristwatch as he walked with his girlfriend. A struggle ensued where Tobias stabbed and killed Alega. However, they were unsuccessful in taking the watch. Dio was convicted of robbery with homicide but appealed, arguing the crime was not consummated since the watch was not taken. The court found Dio guilty of attempted robbery with homicide instead and sentenced him to an indeterminate penalty of 10 years and 1 day to 20 years in prison.

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    PP Vs Dio

    Uploaded by

    PrincessAngelaDeLeon
    3K views2 pages
    Hernando Dio and Danilo Tobias attempted to rob Crispulo Alega of his wristwatch as he walked with his girlfriend. A struggle ensued where Tobias stabbed and killed Alega. However, they were unsuccessful in taking the watch. Dio was convicted of robbery with homicide but appealed, arguing the crime was not consummated since the watch was not taken. The court found Dio guilty of attempted robbery with homicide instead and sentenced him to an indeterminate penalty of 10 years and 1 day to 20 years in prison.

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    Pp-vs-Dio

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    Hernando Dio and Danilo Tobias attempted to rob Crispulo Alega of his wristwatch as he walked with his girlfriend. A struggle ensued where Tobias stabbed and killed Alega. However, they were unsuccessful in taking the watch. Dio was convicted of robbery with homicide but appealed, arguing the crime was not consummated since the watch was not taken. The court found Dio guilty of attempted robbery with homicide instead and sentenced him to an indeterminate penalty of 10 years and 1 day to 20 years in prison.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    3K views2 pages

    PP Vs Dio

    Uploaded by

    PrincessAngelaDeLeon
    Hernando Dio and Danilo Tobias attempted to rob Crispulo Alega of his wristwatch as he walked with his girlfriend. A struggle ensued where Tobias stabbed and killed Alega. However, they were unsuccessful in taking the watch. Dio was convicted of robbery with homicide but appealed, arguing the crime was not consummated since the watch was not taken. The court found Dio guilty of attempted robbery with homicide instead and sentenced him to an indeterminate penalty of 10 years and 1 day to 20 years in prison.

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    © All Rights Reserved
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    of 2

    PEOPLE VS.

    DIO while the appellant(Hernando Dio) was holding his


    G.R. No. L-36461. June 29, 1984||| (Crispulo's) two hands |.

    ABAD SANTOS, J p: The robbers tried to divest Crispulo of his 'Seiko'


    wrist watch, but Crispulo resisted their attempt and
    fought the robbers which caused Danilo Tobias to
    FACTS: stab him on the left side of his chest.
    An information for robbery with homicide was filed on The victim ran down the stairs but when they
    October 1, 1971, against Danilo Tobias and a John reached Pasay Commercial Bank, Crispulo Alega fell
    Doe. The order to arrest Tobias was returned down and expired. At the time of his death, the
    unserved and he is still on the "Wanted Persons 'Seiko' watch was still strapped to his wrist.|||

    Files."
    The appellant claims in his first assignment of error
    On December 7, 1971, the information was amended that he should not have been convicted of the
    to name Hernando Dio as the John Doe, the special complex crime of robbery with homicide
    appellant herein.
    because the robbery was not consummated. He
    At about noontime, Crispulo Alega, a civil engineer
    || states that there was only an attempted robbery. ||

    by profession working at the Sugar Construction


    ISSUE
    Company, with a salary of more than P500.00 a
    month, went to the Southeastern College, Pasay City Whether or not the crime of robbery was not
    to fetch his girlfriend, Remedios Maniti, a third year consummated
    high school student||.
    RULING:
    They proceeded to the Pasay City Public Market. As ||| The Court agrees with the Solicitor General
    they were going up the stairs leading to the Teresa that the evidence adduced show that the appellant
    and Sons Restaurant, Remedios suddenly heard the and his companion were unsuccessful in their
    dropping of her folders and other things, being criminal venture of divesting the victim of his wrist
    carried by Crispulo. When she looked back, she saw watch so as to constitute the consummated crime of
    a man (Danilo Tobias) twisting the neck of Crispulo, robbery. When the victim expired, the 'Seiko' watch
    was still securely strapped to his wrist. The killing, of of prision mayoras minimum to 20 years of reclusion
    Crispulo Alega may be considered as merely temporal as maximum, to indemnify the heirs of
    incidental to and an offshoot of the plan to carry out Crispulo Alega in the amount of P30,000.00, and to
    the robbery, which however was not consummated pay one-half of the costs.
    because of the resistance offered by the deceased. |||

    This case would properly come under the provision


    of Article 297 of the Revised Penal Code which
    states that by reason or on occasion of an attempted
    robbery a homicide is committed, the person guilty of
    such offenses shall be punished by reclusion
    temporal in its maximum period to reclusion
    perpetua. unless the homicide committed shall
    deserve a higher penalty under the provisions of this
    Code. |||

    The crime committed by the appellant is attempted


    robbery with homicide and the penalty prescribed by
    law is reclusion temporal in its maximum period
    to reclusion perpetua. Since there was no mitigating
    or aggravating circumstance, the penalty should be
    applied in its medium period. i.e. 18 years, 8 months
    and 1 day to 20 years. The Indeterminate Sentence
    Law has also to be applied.
    judgment of the trial court is hereby modified; the
    appellant is found guilty beyond reasonable doubt of
    the special complex crime of attempted robbery with
    homicide and he is sentenced to suffer an
    indeterminate penalty of 10 years and 1 day

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