In view of dwelling (morada), penalty imposable shall be reclusion perpetua

Pursuant to Art. 297 of the Revised Penal Code, the crime charged and proven in this case carries the penalty of reclusion temporal in its maximum period to reclusion perpetua "unless the homicide committed shall deserve a higher penalty." We find that the aggravating circumstance of dwelling had been duly proven. Although dwelling (morada) is considered as inherent in crimes which can only be committed in the abode of the victim such as trespass to dwelling and robbery in an inhabited house, it has been held as aggravating in robbery with homicide because the author thereof could have accomplished the heinous deed of snuffing out the victim's life without having to violate his domicile. Hence, in view of this aggravating circumstance, the penalty imposable upon appellant shall be reclusion perpetua. In conformity with prevailing jurisprudential law, indemnity for the death of Generoso Jacob shall be increased to P50,000.00. [G.R. No. 88043. December 9, 1996]

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