PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants. G.R. No. 131805, September 7, 2001.
"We also hold that the circumstance of NIGHTTIME did not aggravate the crime. There is NO PROOF that the appellants PURPOSELY SOUGHT nighttime TO FACILITATE the commission of the crime. The mere fact that the crime was committed at nighttime DOES NOT AUTOMATICALLY MAKE NOCTURNITY an aggravating circumstance.44