PEOPLE V GAYETA

G.R. NO. 171654 : December 17, 2008

Facts:
On 24 July 1995, at around 8:00 p.m., AAA testified that she and her husband
were watching television in the living room appellant barged into the house and
ordered them to produce money. Afterwards, appellant raped her. All throughout
the ordeal, appellant's face was vividly exposed in the well-lighted house, as well
as in the store, leading to his easy identification.
Issue:
Should the aggravating circumstance of nighttime be appreciated?
Held:
No. The appellate court also correctly ruled out nighttime as an aggravating
circumstance, there being no evidence to show that the accused purposely sought
nighttime to facilitate the commission of the offense.