People vs. Uycoque, et al.

, 246 SCRA 769, July 31, 1995

Topic: Article 14. Aggravating Circumstances. — The following are aggravating circumstances:
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3. That the act be committed with insult or in disregard of the respect due to the offended party
on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party,
if the latter has not given provocation.
Facts:
- Jose Villanueva was charged of murder before the RTC for gunning Lucas Flores.
- Flores was with his wife inside his house when he was dragged by Villanueva and 2
more men and was gunned down (7 gunshot wounds) just outside his house. The
incident was so sudden and unexpected. Flores was not thus able to defend himself and
against the unforeseen assault on him.
- After the crime, Villanueva surrendered to the authorities
Issues:
- WON the Villanueva committed murder with aggravating or mitigating circumstance
Ruling:
- Both. The penalty prescribed for Murder is reclusion temporal in its maximum period to
death. The generic aggravating circumstance of dwelling was offset by the generic
mitigating circumstance of voluntary surrender. Thus, as correctly ruled by the trial court,
the penalty should be imposed in its medium period, that is, reclusion perpetua.
- The aggravating circumstance of dwelling also attended the commission of the crime
even if the victim was killed outside his residence. Dwelling is aggravating if the victim
was taken from his house and killed just beside his abode although the offense was not
completed therein