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People V Dio

Hernando Dio and Danilo Tobias conspired to rob Crispulo Alega but were unsuccessful. During the attempted robbery, Tobias stabbed and killed Crispulo. Both were charged with attempted robbery with homicide and sentenced to death penalty by the trial court. The Supreme Court modified the judgment, finding Dio guilty of the special complex crime of attempted robbery with homicide. Dio was sentenced to 10 years and 1 day to 20 years of imprisonment, and ordered to pay damages and costs.

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Jerico Godoy
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2K views1 page

People V Dio

Hernando Dio and Danilo Tobias conspired to rob Crispulo Alega but were unsuccessful. During the attempted robbery, Tobias stabbed and killed Crispulo. Both were charged with attempted robbery with homicide and sentenced to death penalty by the trial court. The Supreme Court modified the judgment, finding Dio guilty of the special complex crime of attempted robbery with homicide. Dio was sentenced to 10 years and 1 day to 20 years of imprisonment, and ordered to pay damages and costs.

Uploaded by

Jerico Godoy
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HERNANDO DIO, accused-appellant.

(130 SCRA 151, No. L-36461 June 29, 1984)

Facts of the Case:


Based on concrete facts, Danilo Tobias @ Danny Kulot and Hernando Dio @ Way Kaon, conspired with each
other to rob Crispulo Alega, a civil engineer. Crispulo fetched his girlfriend at school. Tobias and Dio tried to
held-up the watch of Crispulo but unsuccessful and at sudden moment, Crispulo was stabbed at his left
chest by a balisong made by Tobias and Crispulo instantaneously died at the incident. They were both
arrested and charged by the 7th Circuit Criminal Court of attempted robbery with homicide with the
sentence of Death Penalty. This case was subjected to Automatic Review of the Supreme Court.

Issue:

Whether or not Tobias and Dio would constitute the crime of attempted robbery with homicide in a DEATH
PENALTY?

Ruling:
No, there is a special complex crime that can be penalized of.

Where the killing of the victim was merely incidental to and an offshoot of the plan to carry out the robbery,
which, however, was not consummated, because of resistance by the deceased, the crime committed is
only attempted robbery with homicide

Decision:
Supreme Court
 WHEREFORE, the judgment of the trial court is hereby MODIFIED; the appellant is found GUILTY
BEYOND REASONABLE DOUBT OF THE SPECIAL COMPLEX CRIME OF ATTEMPTED ROBBERY WITH
HOMICIDE and he is sentenced to suffer an indeterminate penalty of 10 years and 1 day of prision
mayor as minimum to 20 years of reclusion temporal as maximum, to indemnify the heirs of Crispulo
Alega in the amount of P30,000.00, and to pay one-half of the costs. People vs. Dio, 130 SCRA 151,
No. L-36461 June 29, 1984

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