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G.R. No. 123161 – 404 SCRA 211 – Criminal Law – Book 1 – Aggravating Circumstances – Band – Cruelty
On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open the door so she asked for the help of her uncle. A certain Warlito Gonoz assisted her. Gonoz peeped through a window and saw the bloody body of Aleli’s father, Alexander Guiroy. The night before, her dad was with Julian Solamillo, Liberato Solamillo, Edgardo Ebarlo, and Eddie Trumato. Her dad died with 21 stab wounds.
ISSUE: Whether or not the aggravating circumstance of a band and cruelty should be appreciated.
HELD: No. Band cannot be appreciated against the accused. It is not proven that all the malefactors were armed that night and that they purposely formed the band to commit the crime.
Further, Cruelty cannot be appreciated against the accused for it was not proven that the stab wounds were purposely inflicted upon the elder Guiroy to further his suffering. Hence, no aggravating circumstance may be appreciated against the accused.