G.R. No. 130492 January 31, 2001
PEOPLE OF THE
PHILIPPINES
vs.
SALVADOR ARROJADO
FACTS:
The accused, Salvador Arrojado, and the victim, Mary Ann
Arrojado was living in the same roof along with the victim’s father. The
accused was helping in taking care of the victim’s father.
One day, the accused went to the house of his cousin,
Erlinda Arrojado Magdaluyo, and reported that the victim has committed suicide.
Erlinda along with his husband and father went to the victim’s house and there
they saw the already lifeless body of the victim.
Upon examination, it was revealed that the victim suffered
multiple stab wounds all over her body, negating the theory of suicide.
On hearing, several witnesses testified on the strained
relationship between the victim and the accused. The accused was found guilty
of murder.
ISSUE:
Whether or not the aggravating circumstance of abuse of
superior strength, though not alleged in the information, may be appreciated in
the case.
HELD:
No, an aggravating circumstance to be appreciated must be
alleged in the information.
The murder in this case took place after the effectivity of
R.A. No. 7659 on December 31, 1993 which increased the penalty for murder
from reclusion temporal maximum to death to reclusion
perpetua to death. In view of the presence of the aggravating
circumstance of abuse of confidence and in accordance with Art. 63(1) of the
Revised Penal Code, the trial court should have imposed the penalty of death on
accused-appellant. However, on December 1, 2000, the Revised Rules
of Criminal Procedure took effect, requiring that every complaint or
information state not only the qualifying but also the aggravating
circumstances. This provision may be given retroactive effect in the light of
the well settled rule that “statutes regulating the procedure of the court will
be construed as applicable to actions pending and undetermined at the time of
their passage. Procedural laws are retroactive in that sense and to
that extent.” The aggravating circumstance of abuse of confidence not having
been alleged in the information, the same therefore could not be appreciated to
raise accused-appellant’s sentence to death.