Case Digest on People v. Arnold Dizon December 10, 1999
November 26, 2010
Accused supposedly entered the victims’ house, robbed them, raped one of the occupants and stabbed all of them. Only 12 yr. Old Ruel survived the massacre of his family and positively identified the accused as the perpetrator. Death was imposed upon accused after the RTC found him guilty beyond reasonable doubt of special complex crime of Robbery with Homicide aggravated by Rape, Dwelling and Nocturnity. Accused pleaded not guilty.
Guilty of 1 count of rape with homicide, 2 counts of homicide and 1 count of frustrated homicide.
The trial court erred in finding accused guilty of robbery. For a person to be guilty of robbery, it must be proved that there was intent to gain & the taking of personal property belonging to another by means of violence against or intimidation of any person, or by using force upon anything.
In his testimony, Ruel only testified that he saw accused opening their closets and throwing things on the floor. Not that accused took something from the house.
On the other hand, this Court agrees with the trial court that rape was satisfactorily established by the prosecution. Ruel’s testimony positively identifying the accused was enough to convict.
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