Title
Dorado vs. People
Case
G.R. No. 216671
Decision Date
Oct 3, 2016
A 16-year-old minor, Jerwin Dorado, was initially convicted of frustrated murder for shooting Ronald Bonion. The Supreme Court reversed the conviction, ruling Dorado exempt from criminal liability under R.A. No. 9344 due to lack of discernment. The crime was reclassified as frustrated homicide, and Dorado was referred to an intervention program but ordered to pay civil indemnity and moral damages.
lack of discernment
frustrated murder
treachery

Case Digest (G.R. No. 216671)

Facts:

Jerwin Dorado v. People of the Philippines, G.R. No. 216671, October 03, 2016, Supreme Court Second Division, Mendoza, J., writing for the Court. Petitioner Jerwin Dorado (then a minor) sought review of the Court of Appeals’ August 8, 2014 Decision and January 29, 2015 Resolution in CA-G.R. CR No. 33581 affirming the Regional Trial Court (RTC), Taguig City, Branch 163, July 5, 2010 Decision finding him guilty of frustrated murder.

Dorado, together with co-accused Julius Ramos, Jeffrey Confessor and Jayson Cabiaso, was charged in Criminal Case No. 127784 with frustrated murder (Article 248 in relation to Article 6, paragraph 2, RPC) for allegedly shooting Ronald Bonion with an improvised shotgun (sumpak) on March 15, 2004; in Criminal Case No. 127785 the same accused were charged under R.A. No. 7610 for acts of cruelty against Raniel Parino. The Informations, arraignment (November 9, 2004), plea of not guilty and trial followed before the RTC.

Prosecution witnesses (Ronald, his brother Robert, Raniel, and Dr. Ronaldo Artes) testified that Dorado and his companions threw stones and bottles, that Dorado fired a sumpak and hit Ronald between the eyes, and that the victim lost an eye and would likely have died but for prompt medical treatment. Defense witnesses (including Dorado, family members, and Ofelia Ramos) testified to an alibi and denied Dorado’s participation; Ofelia said she could recognize the shooter and that it was not Dorado. Barangay tanods reportedly did not find a sumpak at Dorado’s house.

On July 5, 2010, the RTC found Dorado guilty beyond reasonable doubt of frustrated murder, gave weight to evident premeditation, appreciated the privileged mitigating circumstance of minority, and sentenced him accordingly while ordering civil indemnity and moral damages; the other accused were acquitted in the murder case and all were acquitted under R.A. No. 7610. Dorado appealed to the Court of Appeals.

On August 8, 2014 the CA affirmed the RTC, rejecting Dorado’s alibi and upholding identity and ev...(Pro-only)

Issues:

  • Did the Court of Appeals gravely err in affirming petitioner Jerwin Dorado’s conviction for the crime charged...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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