Case Digest (G.R. No. 211159)
Facts:
People of the Philippines v. Marcelino Oloverio, G.R. No. 211159, March 18, 2015, Supreme Court Second Division, Leonen, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Marcelino Oloverio.An Information charged Oloverio with murder for fatally stabbing Rodulfo Gulane with a bolo on October 2, 2003. Oloverio pleaded not guilty at arraignment on January 25, 2005 and trial proceeded. Two eyewitnesses, Rudipico Pogay and Dominador Panday, testified that they saw Oloverio follow Gulane, tap his shoulder, then repeatedly stab him while Gulane was unable to retaliate; medical findings showed multiple stab wounds causing death. Oloverio admitted stabbing Gulane but claimed provocation: he said Gulane had repeatedly insulted him (including mocking alleged incest with Oloverio’s mother) and had threatened or attempted to molest Oloverio’s daughter; Oloverio also surrendered to authorities accompanied by a barangay tanod.
The Regional Trial Court (Branch 17, Palompon, Leyte) rendered its Decision on January 29, 2010 finding Oloverio guilty of murder, rejecting passion and obfuscation because it co‑exists with treachery, but recognizing voluntary surrender as mitigating; it sentenced him to reclusion perpetua and ordered P50,000 civil indemnity. The records were forwarded to the Court of Appeals. The Court of Appeals (Twentieth Division, CA‑G.R. No. CEB‑CR HC No. 01175) on January 29, 2013 affirmed conviction for murder, found treachery established and passion and obfuscation unproven, sustained voluntary surrender as mitigating and modified damages to add moral, temperate and exemplary damages.
On March 18, 2013 Oloverio filed a Notice of Appeal to the Supreme Court; the Court of Appeals acted favorably and the case came b...(Subscriber-Only)
Issues:
- Was treachery proven as an attendant circumstance to support a conviction for murder?
- Did passion and obfuscation attend the killing such that it should be considered a mitigating circumstance?
- Was voluntary surrender properly appreciated as a mitigating circumstance?
- What is the proper conviction, penalty and award of damages given the proven ci...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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