#felomena

[valeria-exposed]

[digestsbymarianpurpleink]

People vs. Alay-ay, G.R. No. 94310, 30 June 1993

Doctrine: 

Relevant discussion in the book of Reyes:

When no force or violence was employed in the taking, as victim was already heavily wounded.

In this case, the personal properties were taken after accused-appellant had already successfully carried out his primary criminal intent of killing the victim and the taking did not necessitate the use of violence or force upon the person of the victim nor force upon anything. Considering that the victim was already heavily wounded when his personal properties were taken, there was no need to employ violence against or intimidation upon his person. Accused-appellant can only be held guilty of the separate offense of theft. (People vs. Basao, G.R. No. 128286, July 20, 1999). 

FACTS

Between 5:30 and 6:00 in the morning of March 22, 1985, Felomena Franche – the victim, was tending her store at Dau Homesite, Dau, Mabalacat, Pampanga. Saldy Guela, grandson of Felomena, was staying in the same house of the victim’s daughter – Mila Pineda. Suddenly, Saldy heard a woman shouting, "Mila, Mila, somebody is hitting your mother's head." Upon hearing this, Saldy stood up and looked out the window. He saw a man inside the store hitting the head of his grandmother, Felomena Franche, with a two-foot-long piece of wood. When the man was about to get out of the store, Saldy saw his face and recognized him as "COT", who frequently drank liquor at the store. He went downstairs but upon reaching the ground, "COT" was already scaling the wall. Thus, Saldy proceeded to the store where he carried his grandmother. 

About 6:00 that same morning, Natividad de la Cruz, who was on her way to the store of Felomena Franche, saw appellant, Virgilio Alay-ay, alias "Cot" whom she had known since 1972, jump over the fence of said store. Appellant was carrying a Sanyo transistor radio which Natividad recognized as the property of Felomena, because she always saw Felomena use it whenever she Natividad went to the store. 

Meanwhile, Mila Pineda, Saldy Guela and a neighbor, Jimmy, succeeded in reviving the unconscious Felomena. Afterwards, Mila and another neighbor brought Felomena to the Pampanga Polymedic Hospital. On the way to the hospital, Mila asked her mother "Who hit you?" and she answered, "It was Cot" 

At the Pampanga Polymedic Hospital, Dr. Carmelo Mendiola attended to Felomena Franche. At past 8:00 that same morning, the case was referred to Dr. Eduardo Buencamino, who found Felomena unconscious, in shock, with multiple injuries on the face and head and blood coming out from her nose and mouth. He ordered resuscitative measures which, however, proved unsuccessful. At 10:10 that morning, Felomena Franche was declared dead. 

Virgilio Alay-Ay was found guilty of the crime of Robbery with Homicide and sentenced to life imprisonment.

ISSUE/S

Whether the accused shall be convicted of the separate crimes of Homicide and Theft instead of the special complex crime of Robbery with Homicide. 

RULING

The Court ruled in the AFFIRMATIVE.

Citing the ruling in the case of People v. Evardo:

  . . . To sustain conviction for the special complex crime of robbery with homicide, it must be established with certitude that the killing was a mere incident to the robbery, the latter being the main purpose and objective of the criminals. It contemplates a situation where the homicide resulted by reason or on the occasion of the robbery (People vs. Robante, 178 SCRA 552 [1989].

In the case at bar, it cannot be said with moral certainty that accused appellant's intention was to steal the radio and money and that the killing of the victim was a mere incident to the robbery.

The testimony by Saldy Guela that the accused-appellant had been frequently drinking at the store tended by the victim for about three (3) months prior to the killing. There is also testimony by Mila Pineda that accused-appellant had always been quarreling with the victim and it could have been due in part to the fact that accused-appellant had been enamored of her.

Given these two variables, a possible scenario could have been the following:

Accused appellant, went very early to see the victim at the store that fateful day. He might have tried to physically display his affections, if one could call it that, toward the victim. She must have resisted, or worse, laughed him off, and he must have resented it. One thing might have led to another with the end result that he hit her with a piece of wood. In his escape he grabbed her Sanyo transistor radio, as a souvenir, 22 and the P100 peso-bill to provide for his fare to Bamban, Tarlac.

What the Court is pointing out is that there is a dearth of evidence to show that the accused-appellant had the intention to steal cash and other valuables in the store and that he killed the victim on occasion of the robbery. As such he cannot be convicted of the crime of robbery with homicide but of two specific crimes, that of homicide and theft.

[multi-muse-transect]

To the writers of Dota Dragons Blood: More Luna.

[atlanticcanada]

Push for N.B. stylists to be trained to work with Black and textured hair

Felomena Deogratsias remembers walking into the hair salon located on the University of New Brunswick campus and asking them to shave her head.

from CBC | New Brunswick News https://ift.tt/30ciELB

[paraisonline]

Idosa de Paraíso é atropelada e morre no RS #paraisonline Maria Felomena Luiz, de 58 anos, foi identificada na manhã de sexta-feira,1º de novembro como a vítima fatal de um atropelamento , ocorrido na Estrada Estância Velha, no município de Portão (RS). A mulher é natural de São Sebastião do Paraíso e de acordo com informações preliminares não possui familiares naquela região. O motorista autor do atropelamento fugiu sem prestar socorro. O caso foi registrado na madrugada de sexta-feira, 1º de novembro. Informações preliminares dão conta de que o acidente teria ocorrido entre as 4 e 5 horas, em frente a uma indústria de beneficiamento de couro, região próxima ao loteamento Liberdade. O lugar é conhecido como Estrada Estância Velha, que fica no município de Portão, cidade que fica a aproximadamente 1.500 quilômetros de São Sebastião do Paraíso. De acordo com informações da Brigada Militar Maria foi atropelada por um veículo que ainda não foi identificado. O motorista fugiu do local sem prestar socorro à vítima. A região do acidente é próximo à divisa com o município de Estância Velha. Ela foi reconhecida por moradores das imediações onde ocorreu o acidente. Não foi divulgado onde a vítima será sepultada. Fonte: JS https://www.instagram.com/p/B4V1sGnHWDR/?igshid=1kq9frd50krdn

[lifeinplastic21-blog]

Ugh at her photoshopping the one of her in the red dress. The one brief window of time when she was genuinely attractive.

I personally think she was very pretty in her Felomena era (2008-2010). The one in the red dress is from her early Pleyadian era, as I recall. I don’t think she was so pretty back then, but without tons of absolutely ridiculous and obvious photoshop it definitely looks better.

[valeria-exposed]

Young goth Valeria 2004, new look

[valeria-exposed]

[valeria-exposed]

Amatue 2007

[valeria-exposed]

Valeria in 2005. Love this makeup look on her.

[valeria-exposed]

Goth Nahema 2005

[valeria-exposed]

Valeria 2007

[valeria-exposed]

Valeria photo shoot 2004

[valeria-exposed]

Silly Valeria recording a fun video

[valeria-exposed]

[valeria-exposed]

19 year old young Valeria in 2004. She said she was 15 here, but since she was born in 1985 and this was posted in 2004 on her diary, she was actually 19. There’s nothing wrong with aging Valeria!