Case Digest (G.R. No. 216671)
Facts:
In People of the Philippines vs. Jerwin Dorado (G.R. No. 216671, October 3, 2016), the petitioner Jerwin Dorado, a sixteen-year-old minor at the time, was charged before the Regional Trial Court (RTC) of Taguig City, Branch 163, with frustrated murder under Article 248 in relation to Article 6, paragraph 2 of the Revised Penal Code, for allegedly shooting Ronald Bonion between the eyes on March 15, 2004 in Lower Bicutan, Taguig, and with child abuse under Section 10(a) of R.A. No. 7610 for hurling stones at fifteen-year-old Raniel Parino. He and three co-accused pleaded not guilty on November 9, 2004, and after trial the RTC, on July 5, 2010, convicted Dorado of frustrated murder, appreciating the qualifying circumstance of evident premeditation but mitigating circumstance of minority, sentencing him to six months and one day of prision correccional to eight years of prision mayor and ordering payment of civil indemnity and moral damages, while acquitting the co-accused and on t...Case Digest (G.R. No. 216671)
Facts:
- Charges and Antecedents
- On March 15, 2004 in Taguig City, Jerwin Dorado (then 16 years old), Julius Ramos, Jeffrey Confessor, Jayson Cabiaso and an unnamed minor were charged in two Informations:
- Criminal Case No. 127784—Frustrated Murder of Ronald Bonion by means of treachery, evident premeditation, nighttime, use of improvised shotgun (“sumpak”).
- Criminal Case No. 127785—Violation of R.A. No. 7610 for cruel acts against 15-year-old Raniel Parino.
- On November 9, 2004 all accused pleaded “not guilty” and trial ensued.
- Prosecution Evidence
- Witnesses (victim Ronald, his brother Robert Bonion, Raniel Parino, Dr. Ronaldo Artes) testified that at around 11:00 PM Dorado’s group threw stones and bottles, then Dorado fired a sumpak, striking Ronald between the eyes.
- Ronald fell unconscious, was rushed to Rizal Medical Center, underwent operations (excision of prolapsed uvea, enucleation of left eye), lost one eye and retained only light perception in the other; Dr. Artes opined Ronald would have died without prompt treatment.
- Defense Evidence
- Dorado and supportive witnesses testified he remained at home watching television; barangay tanods failed to recover any firearm from his residence.
- Ofelia Ramos claimed she saw five individuals flee, one fired at a teenager, but identified someone other than Dorado as the shooter.
- RTC Decision (July 5, 2010)
- Found Dorado guilty beyond reasonable doubt of frustrated murder (Art. 248 RPC in relation to Art. 6 RPC), appreciating the mitigating circumstance of minority; sentenced to 6 months & 1 day of prision correccional to 8 years of prision mayor, plus civil and moral damages of ₱50,000 each. Co-accused acquitted.
- All accused acquitted in Criminal Case No. 127785 for R.A. 7610 violation.
- Court of Appeals Proceedings
- CA (Aug 8, 2014) affirmed RTC decision, rejecting Dorado’s alibi and upholding evident premeditation.
- Motion for reconsideration denied (Jan 29, 2015), prompting this certiorari petition.
Issues:
- Sole Issue
- Whether the Court of Appeals gravely erred in affirming Dorado’s conviction for frustrated murder despite his minority and the failure of the prosecution to prove discernment and evident premeditation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)