G.R. No. 149368 – 427 SCRA 528 – Criminal Law – Book 1 – Aggravating Circumstances – Recidivism – Aggravating Circumstance/s must be alleged in the Information
One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for someone. Later Francisco Dacillo, called her to his house. Then the people in the adjacent house felt a struggle ensuing in Dacillo’s house. The next day, Dacillo’s actuations were found to be suspicious as he was carrying ready mixed cements in his house. This puzzled the neighbors who eventually called the police. Later, they discovered the tomb of the decomposing body of Tallada. The accused was found to be a recidivist during trial.
ISSUE: Whether or not recidivism is to be appreciated.
HELD: No. The aggravating circumstance of recidivism was not alleged in the information. Although evidence may show that indeed the accused has previous convictions this does not sufficiently prove or make the aggravating circumstance be appreciated. It must be alleged in the information pursuant to the rules of court on criminal procedure.