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    02 - People V Alba - CrimProc

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    Anonymous b4ycWuoIc
    The appellant was convicted of murder by the trial court for stabbing Ricky Aguilar with intent to kill, treachery, and evident premeditation. On appeal, the appellant argued that treachery was not present. The Supreme Court agreed, finding that while treachery was stated in the information, it was not specified as required. As the revised rules require qualifying circumstances to be specified, and laws favorable to the accused can be applied retroactively, treachery was only a generic aggravating circumstance. Therefore, the crime committed was homicide, not murder.

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    02 - People V Alba - CrimProc

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    Anonymous b4ycWuoIc
    131 views1 page
    The appellant was convicted of murder by the trial court for stabbing Ricky Aguilar with intent to kill, treachery, and evident premeditation. On appeal, the appellant argued that treachery was not present. The Supreme Court agreed, finding that while treachery was stated in the information, it was not specified as required. As the revised rules require qualifying circumstances to be specified, and laws favorable to the accused can be applied retroactively, treachery was only a generic aggravating circumstance. Therefore, the crime committed was homicide, not murder.

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    CrimProc Digest

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    02 - People v Alba_CrimProc

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    The appellant was convicted of murder by the trial court for stabbing Ricky Aguilar with intent to kill, treachery, and evident premeditation. On appeal, the appellant argued that treachery was not present. The Supreme Court agreed, finding that while treachery was stated in the information, it was not specified as required. As the revised rules require qualifying circumstances to be specified, and laws favorable to the accused can be applied retroactively, treachery was only a generic aggravating circumstance. Therefore, the crime committed was homicide, not murder.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views1 page

    02 - People V Alba - CrimProc

    Uploaded by

    Anonymous b4ycWuoIc
    The appellant was convicted of murder by the trial court for stabbing Ricky Aguilar with intent to kill, treachery, and evident premeditation. On appeal, the appellant argued that treachery was not present. The Supreme Court agreed, finding that while treachery was stated in the information, it was not specified as required. As the revised rules require qualifying circumstances to be specified, and laws favorable to the accused can be applied retroactively, treachery was only a generic aggravating circumstance. Therefore, the crime committed was homicide, not murder.

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    © All Rights Reserved
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    of 1

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.

    GARIO ALBA ALIAS “MARIO ALBA”, ACCUSED-


    APPELLANT.

    G.R. No. 130523, January 29, 2002

    FACTS:
    Herein accused-appellant, with intent to kill, treachery and evident premeditation, did then and there wilfully,
    unlawfully, and feloniously attack, assault and stab one Ricky Aguilar with the use of knife with which the accused
    was then armed and provided thereby inflicting upon the body of the victim. The trial court found the accused guilty of
    the crime of Murder with one mitigating circumstance of voluntary surrender.
    On appeal, the appellant averred that the trial court erred in finding him guilty of murder despite the clear
    and convincing evidence that treachery was not present in the commission of the crime.

    ISSUE:
    Is the judgment rendered by the trial court correct?

    RULING:
    No. Treachery, though stated in the information, was not alleged with specificity as qualifying the killing to
    murder. Provided in the Revised Rules of Criminal Procedure that the information should state not only the
    designation of the offense and the acts and omissions constituting it but shall also specify its qualifying and
    aggravating circumstances. Guided by the established rule that when a penal statute, whether substantive or
    remedial and procedural, is favorable to the accused, the courts shall give it a retroactive application. Thus, the Court
    held that since the information in this case failed to specify treachery as a circumstance qualifying the killing to
    murder, under the present Revised Rules of Criminal Procedure, treachery has to be considered a generic
    aggravating circumstance only. Therefore, the crime committed by appellant is homicide and not murder.

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