People vs Luisita San Pedro and Artemio Banasihan Topic: Aggravating Circumstance - Treachery Facts: 1970 June 2 afternoon,

lifeless body was found somewhere between the barrios of Masaya and Paciano Rizal Municipality of Bay, Laguna. Body brought for autopsy in municipal building - died of profuse hemorrhage due to 23 lacerated and stab wounds and multiple abrasions found on the different parts of the body. The deceased was identified to be Felimon Rivera, a driver of a passenger jeep belonging to Pablito delos Reyes, a fruit vendor. Earlier in the day, Rivera was out driving the jeep. But that was to be the last time for him to drive the jeep for on that same day, he was killed, and his jeep was no longer found or recovered. 1971 June 11: police authorities found a concrete lead to the solution of the case. Rodrigo Esguerra, when apprehended and interviewed by the police, admitted his participation and named his companions. He gave a written statement. Soon the police began rounding up the other suspects. 1972: Artemio Banasihan was apprehended. He confessed his participation in the robbery and killing of Felimon Rivera. In said statement, Banasihan recounted that four days before June 2, 1970, he and his co-accused met and planned to get the jeep driven by the deceased. Carrying out their plan, he and Luisito San Pedro approached Rivera in the afternoon of June 2, 1970 and on the pretext of hiring Rivera's jeep to haul coconuts, they proceeded to Brgy. Puypuy in Bay, Laguna, where they were joined by Salvador Litan and Rodrigo Esguerra. Esguerra was then carrying a water pipe wrapped in paper. Upon reaching a river between the barrios of Mainit and Puypuy San Pedro ordered Rivera to stop. Whereupon, at Esguerra's signal, Litan hit Rivera at the nape with the water pipe. Rivera jumped out of the jeep but was chased by San Pedro and Litan who stabbed him at the back several times with a dagger. Esguerra then drove the jeep and the group proceeded to Makati, Rizal, He then joined Nelson Piso and Antonio Borja. The jeep was brought to Cavite City where it was sold for P2,000.00. Four days later, Piso went to Los Baos and gave San Pedro, Litan and Banasihan P50.00 each, with the promise that the balance would be given later. However, the promised balance was not given them. Accused did not dispute above facts. Death penalty imposed by CFI of Laguna, for crime of robbery with homicide. Question left therefore is the appreciation of circumstances, defense wanting to reduce death penalty to reclusion perpetua. Issues: 1. Whether or not the aggravating circumstance of craft is absorbed by treachery, and 2. Whether or not the resulting single aggravating circumstance of treachery should be offset by the mitigating circumstance of lack of instruction Held:

1. No. Craft in this case was directed towards facilitating robbery. However, treachery definition: only for crimes against person, element of defense against bodily injury. 2. No. Lack of instruction (defense said he cannot read nor write, can only sign his name) is not applicable to theft and robbery, much less to homicide. They are by their nature, wrongful acts. Even for the sake of argument, the presence of lack of instruction will make no difference as a mitigating circumstance since there are two aggravating circumstances (craft & treachery)