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PDF Dioso Compress

The document summarizes a case involving two gang members, Dioso and Abarca, who were serving time in prison for previous convictions. While in prison, they killed two members of a rival gang. The Supreme Court held that they were quasi-recidivists since they committed the new crime while already serving time for previous offenses. However, the court commuted their death sentences to life imprisonment due to lack of sufficient votes.

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41 views1 page

PDF Dioso Compress

The document summarizes a case involving two gang members, Dioso and Abarca, who were serving time in prison for previous convictions. While in prison, they killed two members of a rival gang. The Supreme Court held that they were quasi-recidivists since they committed the new crime while already serving time for previous offenses. However, the court commuted their death sentences to life imprisonment due to lack of sufficient votes.

Uploaded by

EFG
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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045. People vs. Dioso 


G.R. Nos. L-38346-47 | Oct. 23, 1964 | En Banc  
Quasi-Recidivism 
J. Escolin 
Digest by D2015, edited by PS Magno 

Short Version: 
Gang war between the Batang Mindanao gang and the Happy Go Lucky gang. Both are inside the
New Bilibid Prison. Both accused are serving sentence for previous convictions (homicide and
robbery respectively). Both accused kill 2 members of the Happy Go Lucky gang. SC holds:
   Accused are QUASI-RECIDIVISITS , having committed the crime charged while serving
 
sentence for a prior offense.  
 As such, maximum penalty prescribed b by y law is death, regardless
regard less of presence or absence of
mitigating or aggravating circumstances 
  BUT for lack of the requisite votes, the Court is constrained to commute the death sentence
imposed on each of the accused to reclusion perpetua. 

FACTS: 
●  Crime committed inside New Bilibid Prison, Muntinlupa, Rizal, where both accused were
serving sentence for previous convictions: Abraca of homicide; Dioso of robbery.  
○  Dioso and Abarca were members of “Batang Mindanao” gang, while the victims
 Angelito Reyno and Fernando Gomez were members of the “Happy Go Luck y” gang.
○   The 2 gangs w were
ere usually involved in intermittent, bloody clashes, the latest of which
resulted in the death of Balerio (member of the BM gang)  
○  Dioso and Abarca believed that Reyno and Gomez killed their gangmate, so they set
to avenge his death.
●  Sept 12, 1972: Reyno and Gomez were sick and confined in the prison hospital.  
○  While acco
accompanied
mpanied by Dioso, Abarca feigned sicknes to enter the ward.
○  They saw Reyno taking breakfast with Gomez lying down on a “tarima” under a
mosquito net. 
○  Dioso ap proached Reyno and spoke to him, while Abarca headed to the tarima.  
approached
○  Both accused suddenly drew out their improvised knives. Abarca raised the mosquito
net over the tarima and stabbed Gomez, as Dioso simultaneously attacked Reyno
with his knife. After Reyno had fallen, Dioso helped Abarca finish off Gomez.
○  Both victims died due to multiple stab wounds. 
●  When accused rushed out of the ward, they were met by Prison Guard Enriquito Aguilar.
They game themselves up and handed their weapons to him.  
●  Accused executed their sworn statements, admitting their responsibility for the victims’
Accused
deaths. 
●  Upon arraignment, both voluntarily entered a plea of gulty.  

ISSUE: Are
ISSUE:  Are they quasi-recidivists? YES.

RATIO: 
●  Crime was perpetrated with alevosia since neither of the victims could defend himself from
the sudden, unexpected assault.  
●  The accused did not seek to impugn the lower court’s conclusion of guilt; instead seeking
attenuation of the death sentence imposed by invoking circumstances of voluntary surrender
and plea of guilty  
○  Accused are QUASI-RECIDIVISIT , having committed the crime charged while
serving sentence for a prior offense.  
○  As such, maximum penalty prescribed by law is death, regardless of presence or
absence of mitigating or aggravating circumstances  

BUT for lack of the requisite votes, the Court is constrained to commute the death sentence imposed
on each of the accused to reclusion perpetua.  

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