I.

CASE:
PEOPLE vs GA
G.R. No. L-49831
June 27, 1990
II. FACTS:
The morning of July 29, 1977, the accused plotted their scheme on the
Ocean Theatre to rob the Gonzaga family in their residence, hogtie all the
occupants and kill whoever gets in their way in which later that night, they
successfully accessed the servants quarter to have a drinking spree with
BonifacioMarteja, Francisco Melorin and Andres Larion. When the larion
became drunk, they declared a hold-up and hog-tied everyone and
proceeded to the Gonzagas residence wherein they came in face to face
and stabbed Julio Gonzaga, Juliana Gonzaga, and Rogelia Gonzaga.
Rogelia Gonzaga managed to call the Forbes Park security guards for help
and assisted Rogelia and Doa Juliana Gonzaga to the Makati Medical
Center.
III. ISSUE:
Whether or not the accused sought nighttime for the completion of the
offense.
IV. RULING:
Furthermore, in his brief appellant does not support Ms claim that
nighttime is not obtaining. On the contrary, aside from being alleged in the
information, the facts as found by the trial court clearly establish that the
accused waited until midnight to execute their designs and took advantage
of the cover of darkness to avoid discovery, minimize the risk of capture
and facilitate their escape. The application of nocturnity is proper.1

Page 800 to 801, 186 SCRA 789