Case Digest (G.R. No. 229928)
Facts:
The People of the Philippines v. Dexter Aspa Albino @ Toyay, G.R. No. 229928, July 22, 2019, Supreme Court Second Division, Lazaro-Javier, J., writing for the Court.By Information dated May 12, 2009, Dexter Aspa Albino @ Toyay (appellant) was charged with murder for the fatal shooting of Marlon Dionzon Soriano on or about May 10, 2009 in Carigara, Leyte. The case was raffled to the Regional Trial Court, Branch 13, Carigara. On arraignment appellant pleaded not guilty.
At trial the prosecution presented testimony from Jerome Soriano (the victim’s brother), neighbor Arwin Terrado, the victim’s mother Gertrudes Soriano, PO2 Noel Melgar, and Dr. Ma. Bella Profetana. Jerome and Terrado testified that during a benefit dance an altercation occurred between appellant’s group and residents; Jerome said appellant suddenly drew a revolver and shot Marlon in the chest while they were close by, and that lighting at the venue permitted identification. The defense presented appellant and Pablo Flores, who testified that appellant was threatened and struck, felt a pointed object at his back, heard a gunshot and fled without seeing who fired.
The trial court rendered judgment on November 12, 2012 finding appellant guilty of murder with the qualifying circumstance of treachery and sentenced him to reclusion perpetua, ordering various damages (civil and moral Php75,000 each; exemplary Php30,000; actual Php28,050). The trial court declined to treat the use of an unlicensed firearm as aggravating.
On appeal to the Court of Appeals (CA-G.R. CEB-CR H.C. No. 01596), the CA, by Decision dated September 13, 2016, affirmed the conviction but modified the judgment to declare appellant not eligible for parole and to subject awarded damages to 6%...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming appellant's conviction for murder instead of downgrading it to homicide...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)