Case Digest (G.R. No. 108494)
Facts:
In People of the Philippines v. Marra y Zarate, G.R. No. 108494, decided on September 20, 1994, the Regional Trial Court (RTC), Branch 43 in Dagupan City, charged Samuel Marra y Zarate and several John, Peter, Paul, and Tom Doe defendants with the murder of Nelson Tandoc on March 7, 1992. An amended information later replaced John Doe with Allan Tan alias “Allan Yao,” but the arrest warrant against Tan remained unserved, so trial proceeded against Marra alone. Arraigned on May 15, 1992, Marra pleaded not guilty. Evidence showed that at around 2:00 A.M. he, wearing a security guard uniform, engaged in a street altercation with Tandoc and companion Jimmy Din in front of Lucky Hotel on M. H. del Pilar Street. After a brief scuffle near Dunkin’ Donuts, Tandoc and Din sought refuge in the hotel annex. When they reopened the door some 10–15 minutes later, Din saw Marra fire a single .38-caliber revolver shot at Tandoc, who immediately fell and later died in Villaflor Hospital. The sceCase Digest (G.R. No. 108494)
Facts:
- Case Commencement and Trial Proceedings
- On March 7, 1992, Nelson Tandoc was fatally shot. An information for murder was filed in RTC Branch 43, Dagupan City, against Samuel Marra y Zarate and other John and Peter/Paul/Tom Doe defendants. On June 4, 1992, Allan Tan alias “Allan Yao” was substituted for John Doe.
- Warrant of arrest against Tan returned unserved; trial proceeded solely against Marra. Arraigned May 15, 1992, Marra pleaded not guilty. On October 8, 1992, the RTC found him guilty of murder with the aggravating circumstance of nighttime and sentenced him to reclusion perpetua, plus civil indemnities (P50,000 death indemnity; P50,000 actual damages; P100,000 moral damages; costs).
- Eyewitness Account (Jimmy Din)
- At about 2:00 A.M., Din and Tandoc were conversing in front of Lucky Hotel when a man on the opposite sidewalk made obscene gestures, then retreated to a corner where Din and Tandoc confronted him. Two companions arrived; a fight ensued and the three men fled.
- Din and Tandoc hid inside the hotel annex. After 10–15 minutes, they exited; as Tandoc opened the sliding door, Din saw Marra—then in a security guard’s polo—shoot Tandoc at close range under a bright 20-watt fluorescent bulb. Tandoc was shot in the chest and later died at Villaflor Hospital.
- Police Investigation and Appellant’s Statements
- At 3:45 A.M., SPO 3 de Vera and colleagues investigated the scene, then went to Villaflor Hospital where Din described the shooter’s uniform. They traced Marra eating at a nearby eatery, confirmed he was on duty as a guard, and secured his revolver from his home (five live rounds and one spent shell).
- De Vera confronted Marra; initially Marra denied involvement, then admitted shooting Tandoc once in self-defense, alleging the victim had a samurai sword. No such weapon was found. Marra was detained; Din positively identified him at the station. Marra had no firearm license.
- Medical and Financial Evidence
- Dr. Tomas Cornel’s autopsy: gunshot wound entering left anterior chest and exiting lower right shoulder.
- Prosecutor Gregorio Gaerlan testified to funeral and related expenses totaling over P45,000 (funeral services, hospital bills, interment fees, wake expenses, etc.).
- Appellant’s Defense Version
- Marra testified he was on duty at Linda’s Ihaw-Ihaw from 7:00 P.M. to 6:00 A.M. He claimed he went home around 4:00 A.M. to change, then ate with a cashier, and was later accosted by police who took his sidearm.
- He denied firing the weapon (five live rounds only), denied knowing Din or cause for hostility, and insisted on self-defense when confronted with the shooting accusation.
Issues:
- Whether the positive identification by eyewitness Jimmy Din was sufficiently credible.
- Whether Marra’s admission to SPO 3 de Vera was inadmissible under the constitutional safeguard against custodial interrogation.
- Whether nighttime constituted an aggravating circumstance and whether treachery qualified the murder.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)