People v Somillo G.R. No.

123161 June 18, 2003 Facts: On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open the door so she asked for the help of her uncle. A certain Garoy assisted her. Garoy peeped through a window and saw the bloody body of Alelis father. Last night, her dad was with Julian Solamillo, liberato Solamillo, Edgardo Ebarlo, and Eddie Trumato. Her dad died with 21 stab wounds. Issue: Whether or not the aggravating circumstance of a band and cruelty be appreciated. HELD: No. Band cannot be appreciated against the accused. It is not proven that all the malefactors were armed that night and that they purposely formed the band so as to commit the crime. Cruelty cannot be appreciated for it is not proven that the stab wounds were purposely inflicted upon the elder Guiroy to further his suffering. Hence, no aggravating circumstance may be appreciated against the accused.