G.R. No. 149368. April 14, 2004
PEOPLE OF THE PHILIPPINES vs. FRANCISCO DACILLO AND JOSELITO PACOT y
IBARRA
Criminal Case
Digest
Digested Cases
Criminal Law
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.
