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    People of The PH Vs Dacillo

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    AAMC
    Criminal Case for law students

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    People of The PH Vs Dacillo

    Uploaded by

    AAMC
    11 views1 page
    Criminal Case for law students

    Original Title

    People of the PH vs Dacillo

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    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    Criminal Case for law students

    Copyright:

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

    People of The PH Vs Dacillo

    Uploaded by

    AAMC
    Criminal Case for law students

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No. 149368.

    April 14, 2004


    PEOPLE OF THE PHILIPPINES vs. FRANCISCO DACILLO AND JOSELITO PACOT y IBARRA

    Facts:
    Jovelyn Dagmil saw the victim, Rosemarie B. Tallada, enter the house of the accused
    Francisco Dacillo, where she was last seen alive. Moments later Jovelyn and several others
    heard a struggle that took place in the house but failed to report the same immediately to the
    police. Five days later the foul odor of the victim’s rotting body was emitted from the house of
    the accused to which they decided to call the police. Upon closer investigation, they found the
    body of the victim encased in a cement tomb in the home of the accused who was only
    arrested a year after the discovery of the body. He was found guilty of the crime of murder
    and sentenced to death due to the aggravating circumstance of recidivism for a previous
    conviction for the death of his former live-in partner. Joselito Pacot, who he claimed killed the
    victim, was acquitted for lack of sufficient evidence to identify him with certainty.

    Issue:
    Whether the aggravating circumstance of recidivism should have been appreciated by the
    court against the accused

    Ruling:
    In order to appreciate recidivism as an aggravating circumstance, it is necessary to allege it in
    the information and to attach certified true copies of the sentences previously meted out to
    the accused. The aggravating circumstance of recidivism was not alleged in the information
    and therefore cannot be appreciated against appellant. Hence the imposable penalty should
    be reduced to reclusion perpetua.

    WHEREFORE, the assailed judgment in Criminal Case No. 45,283-2000 of the Regional Trial
    Court of Davao City, Branch 31, is hereby AFFIRMED with MODIFICATION. Appellant
    Francisco Dacillo y Timtim alias Dodoy is declared guilty beyond reasonable doubt of murder
    as defined and penalized under Article 248 of the Revised Penal Code. There being neither
    aggravating nor mitigating circumstances, appellant is hereby sentenced to reclusion
    perpetua and is further ordered to indemnify the heirs of Rosemarie Tallada the sum of
    P50,000 as civil indemnity, P50,000 as moral damages, P25,000 as temperate damages and
    P25,000 as exemplary damages.

    Costs de oficio.

    SO ORDERED.

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