This case has been cited 2 times or more.
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2003-02-07 |
SANDOVAL-GUTIERREZ, J. |
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| Neither can we sustain the trial court's finding that the aggravating circumstance under paragraph (5) of Article 14, Revised Penal Code, i.e., that the crime was committed in a place where public authorities were engaged in the discharge of their duties, is present. It must be pointed out that this aggravating circumstance is based on the greater perversity of the offender, as shown by the place of the commission of the crime, which must be respected.[43] In this case, the crime was committed at the compound of the accused-appellant where no public function was being held. The arrival of the barangay authorities was precisely due to the trouble that had commenced prior to the stabbing incident. Clearly, the said aggravating circumstance cannot be considered. Moreover, under the present Rules,[44] aggravating circumstances must be alleged, otherwise, they cannot be appreciated. Being favorable to the accused, this new procedure may be given retroactive effect.[45] Except treachery, the other aggravating circumstances mentioned have not been alleged in the Information. | |||||