# 120 GR nos.

148145-46 July 5,2004

People vs Ventura

Topic:night time or nocturnity

Facts:
The accused entered the house of the victims at around 2 am. At this time the family members were all
sleeping. They entered the house by cutting hole in the kitchen door. One of the accused declared hold-up .
the husband wrestled for the gun of the accused. The accused Ventura stabbed him 3 times. The accused Flores
stabbed the deceased wife when she tried to tried to call for help.
They were guilty of murder and attempted murder.

Issue: Whether or not the aggravating circumstance of nighttime or nocturnity can be considered in this case.

Ruling: YES, nighttime or nocturnity can be considered.

Accordingly, Art .14 sec 6 for nighttime to be considered 2 tests should be employed; the objective test
where darknes is used to facilitate crime. Secondly, subjective test where darkness was intentionally sought
by the accused.

With the case given, the accused took advantage of the time where all members were asleep. During
the dark they took advantage of the time the couple and the others cannot ask for help.

Other than the nighttime , other aggravating circumstances were also present. The evident
pre -meditation, dwelling and nighttime and abuse of superior strength.

Decision affirmed with modification aggravating circumstances of pre meditation, dwelling

and nighttime. Accused are guilty beyond reasonable doubt of murder and attempted murder.
#121 GR No. L- 39746 Sept27,1983
People vs San Miguel

Topic: par 8 with aid of armed men

Facts :
Three armed men went to the house of the victim. One of the accused went inside the house stabbed the victim
and drag the victim out of the house. Outside the accused San Miguel stabbed the victim 3 times and while he was
hitting with a metal pipe the victim, the other 2 accused were stabbing the victim.
They were guilty of murder with penalty of reclusion perpetua.

Issue:
Whether or not the aggravating circumstance of aid with armed men can be considered in the case of the
accused.

Ruling:
YES, aggravating circumstance of aid with armed men can be considered in this case.

Art 14 par 8 provides the aggravating circumstance of aid of armed or those who insure impunity.
With the case given, San Miguel was accompanied by 2 other men who were armed with knife and a metal pipe.
They stabbed and mauled the victim one after the other.

Therefore the aggravating circumstance of aid or armed men is appreciated. Superior strength is also considered
in this case.

( where charge is homicide accused cannot be convicted of murder abuse of superior strength was considered
as generic aggravating circumstance only)

Judgment of trial court modified and accused convicted of homicide and only sentenced to an indeterminate
penalty of 8 yrs. of prison mayor as min to 18 yrs of reclusion temporal as maximum