This case has been cited 1 times or more.
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2000-02-17 |
QUISUMBING, J. |
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| The trial court was correct in appreciating the aggravating circumstance of dwelling. Although the triggerman fired the shot from outside the house, his victim was inside. For the circumstance of dwelling to be considered, it is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without.[61] Thus, in the case at bar, although the attack was made not from inside the house but from below the floor of the house, nevertheless, the aggravating circumstance of dwelling may be considered as attending the shooting,[62] as in fact the target/victim was hit inside his own house. | |||||