This case has been cited 2 times or more.
|
2004-04-15 |
PER CURIAM |
||||
| As to herein appellants Morales and Malit, we find here a fit occasion to reiterate our ruling in the case of People v. Del Rosario.[100] Under Article 12 of the Revised Penal Code, [101] a person is exempt from criminal liability if he acts under the compulsion of an irresistible force, or under the impulse of an uncontrollable fear of equal or greater injury, because such person does not act with freedom.[102] In Del Rosario,[103] however, we held that for such defense to prosper the duress, force, fear or intimidation must be present, imminent and impending, and of such nature as to induce a well-grounded apprehension of death or serious bodily harm if the act be done. A threat of future injury is not enough.[104] | |||||
|
2003-01-28 |
CALLEJO, SR., J. |
||||
| The Court does not agree with the ruling of the trial court that nighttime was attendant in the commission of the crime. While it was established, as admitted by Rafael himself, that the victims were killed between the hours of 2:00 to 3:00 a.m. of July 6, 1997, the prosecution failed to adduce evidence that Rafael took advantage of the darkness of the night to successfully consummate his dastardly acts. By and of itself, nighttime is not an aggravating circumstance. It becomes aggravating only when: (1) it is especially sought by the offender; or (2) it is taken advantage of by him; or (3) it facilitates the commission of the crime by ensuring the offender's immunity from capture.[41] | |||||