Case Digest (G.R. No. 107101)
Facts:
People of the Philippines v. Marlo Rodico, Victorio Rodico & John Doe, G.R. No. 107101, October 16, 1995, the Supreme Court Second Division, Narvasa, C.J., writing for the Court.On April 24, 1991 an Information was filed in the Regional Trial Court, First Judicial Region, Branch 52, Tayug, Pangasinan, charging Marlo Rodico, Victorio Rodico (appellant here) and a certain John Doe with the stabbing and death of Dominador delos Santos on December 25, 1990, alleging conspiracy and the qualifying circumstance of abuse of superior strength pursuant to Article 248 of the Revised Penal Code. Marlo and Victorio pleaded not guilty upon arraignment; John Doe remained unidentified.
Following a joint trial, the trial court rendered a Decision dated May 15, 1992 convicting Marlo and Victorio of the crime charged and sentencing them to reclusion perpetua; the court also awarded compensatory, moral damages and funeral expenses, and ordered their commitment pending appeal. The trial court found the testimony of two child eyewitnesses, Nilda Tuviera (9) and Erna dela Rosa (12), as well as an ante-mortem statement taken from the victim, the testimony of Pat. Alexander Sevidal (who took statements), and the autopsy by Dr. Eufracio Jovellanos, Jr., sufficient to establish guilt beyond reasonable doubt.
After his arrest and arraignment, appellant Victorio was positively identified by the two child witnesses when they were recalled to testify; they stated they saw Marlo stab the victim while two companions held the victim’s hands and feet. The defense offered alibi and denial: Marlo testified he saw Victorio grappling with the victim and then run away; Victorio testified that Marlo alone stabbed a man who rode a bicycle and that he fled out of fear, later surrendering to authorities only after a warrant of arrest was issued. The trial court rejected voluntary surrender as mitigating because Victorio surrendered months after a warrant had been issued.
Appellant appealed the conviction to the Supreme Court, assigning ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the guilt of appellant Victorio Rodico?
- Was conspiracy among the assailants established so as to render appellant liable as a co-principal?
- Should appellant be acquitted on the asserted notches of reasonable doubt (identification gaps, omission in ante-mortem, witness compe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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