PEOPLE v AVENDAO RATIO

G.R. No. 137407 | Jan 28, 2003 | Quisumbing, J. The trial court appreciated the aggravating circumstances of nighttime,
dwelling, and unlawful entry. Of the three, however, only night time was
properly alleged in the information. Hence, the Court cannot appreciate the
DOCTRINE: Rule 110, Section 8 states in pertinent part: Designation of the
offense The complaint or information shall state the designation of the aggravating circumstances of dwelling and unlawful entry, since they were not
offense given by the statute, aver the acts or omissions constituting the alleged in the information.
offense, and specify its qualifying and aggravating circumstances. If there is The Revised Rules of Criminal Procedure which took effect on December 1,
no designation of the offense, reference shall be made to the section or 2000, requires that every complaint or information should state not only the
subsection of the statute punishing it. This rule may be given retroactive qualifying but also the aggravating circumstances.
effect in the light of the settled doctrine that statutes regulating the
This rule may be given retroactive effect in the light of the settled doctrine
procedure of the court will be construed as applicable to actions pending and
undetermined at the time of their passage. 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.
FACTS
In an Information dated Aug 18, 1997, Willerie Avendao was charged with
The Court also found that there was no evidence of treachery and that the
the murder of Remedios Castillo and Melvin Castillo.
aggravating circumstance of nighttime could not be appreciated because the
The principal witness, Jeffre Castillo, the eight-year-old son of the victim,
prosecution did not adduce evidence to show that (1) it was especially sought
Remedios, and brother of Melvin, stated that he slept in the same room as his
by the offender; or (2) the offender took advantage of it; or (3) it facilitated
Remedios and Melvin. He was suddenly awakened when he heard a
the commission of the crime by ensuring the offenders immunity from
commotion, but by the time he woke up, the lamp was already turned off. He
identification or capture.
heard his mother shout for help. He hid in the place where they kept their
pillows. His brother Melvin lit the lamp, while Jeffre stayed where he was. He
RULING
then heard the person downstairs going up again. He saw through his blanket
RTC decision is modified, Appellant is guilty of two counts of homicide.
that the person had come up, and heard his brother Melvin say Kuya Willie,
tama na, tama na!, and then Melvin was killed. Jeffre also recalled that
someone coughed and he recognized the cough as that of his Kuya Willie.
Neighbors and relatives of the victims testified that when the appellant was
courting Remedios.
RTC Ruling: The qualifying circumstance of treachery was found present by
the trial court, resulting in appellants conviction for two counts of murder, +
the aggravating circumstances of nighttime, dwelling, and unlawful entry,
despite the fact that only night time was properly alleged in the information.

ISSUE
W/N the RTC was correct in appreciating the aggravating circumstances not
alleged in the Information which was filed before the RRCP took effect NO