People v.

Barrios
Facts:
Statements of the accused: On or about August 28, !", #enato Barrios $
Almoguera and #ico %a&ario 'bane& (accused) together *ith one Arthur conspired,
confederated *ith and helped one another in the +illing and robbing of ,eodoro
-astillo $ .olina (victim). %a&ario admitted that he invited Barrios to stage a hold/up
in Perlita Street. ,he$ boarded the ta0i (%a&ario in the front seat, Barrios and Arthur
at the bac+ and the latter immediatel$ behind the ta0i driver). Barrios po+ed the
balisong on the ta0i driver and pulled the latter to the rear seat but the driver shouted
for help. Barrios stabbed the driver 1 times. After *hich, the$ all fled. %a&ario said
that Barrios stabbed the diver because the driver *as fighting bac+. 'n Barrios
admission, he said that the reason *h$ he stabbed the driver *as that *hen the$ got
the driver2s mone$, the latter fought bac+. 3e said that he couldn2t remember the
times he stabbed the driver for he *as drun+.
Statements of *itness: Based on the testimon$ of 4eneroso 5uimpo, 6r.,
bet*een 2:77 a.m. to 2:17 am of August 28, !", *hile still half a*a+e he heard a
sound of a car, radio and men struggling and a shout 8i*anan mo na i$an9. :hen he
loo+ed out the *indo*, around ! to 7 meters a*a$, he sa* a ta0i standstill *ith the
engine on. 'nside it *as t*o men at the rar seat strulggling. ,he ta0i driver got out of
the ta0i shouting 8magnana+a*9.
,he statement of 5uimpo that he sa* t*o men struggling in the rear seat
confirms the statement of %a&ario that the$ pulled the driver to the rear seat to get
the latter2s mone$ and that the latter *ent out of the ta0t and shouted. Also 5uimpo2s
statement that t*o men *ere struggling at the bac+ of the ta0i confirmed the t*o
accused2 s statements that Barrios stabbed the driver because he *as fighting bac+.
'ssues:
:hether craft and abuse of superior strength *ere present as aggravating
circumstances in the commission of the crime;
#uling:
,here is no evidence that the t*o accused pretended to be passengers since
it *as not clearl$ sho*n ho* the cab *as stopped. Based on 5uimpo2s testimon$,
*hen he loo+ed out his *indo*, the car *as alread$ standstill. ,he testimon$ of
5uimpo also mentioned that onl$ one man *as struggling *ith the ta0i driver at the
rear seat and onl$ one man came out of the rear of the ta0i cab going to an opposite
direction. Abuse of superior strength as an aggravating circumstance *as not
present. ,he crime *as committed *ithout the presence of an$ aggravating and
mitigating circumstances.
<ecision:
,he decision under automatic/ revie* is hereb$ affirmed, *ith the sole modification
that the penalt$ imposed on the t*o accused is reclusion perpetua, *ith costs
against said accused.