Case Digest (G.R. No. 224889)
Facts:
People of the Philippines v. Mc Henry Suarez y Zurita, John Joseph Ravena y Acosta and John Paul Vicencio y Barranco, G.R. No. 224889, October 19, 2016, Supreme Court Second Division, Mendoza, J., writing for the Court.The accused—Mc Henry Suarez y Zurita (Suarez), John Joseph Ravena y Acosta (Ravena) and John Paul Vicencio y Barranco (Vicencio)—were charged by Information dated February 7, 2011 with Murder for the stabbing and resulting death of Roger Setera (Roger) on February 2, 2011, the killing alleged to have been qualified by treachery and abuse of superior strength. Prosecution eyewitness Nancy Lauresta (Nancy), an employee of the 123 Videoke Bar in Oton, Iloilo, testified that the three appellants, after an altercation in the bar, confronted Roger outside a lamppost; Suarez and Vicencio punched Roger while Ravena, positioned behind him, stabbed him in the right lumbar area. Roger was taken to the hospital and died the following morning; the medico-legal report established a fatal stab wound that lacerated the right kidney.
Other prosecution evidence included the testimony of Prudencio Tano recounting Roger’s declarations that he was stabbed by “the children” and later specifically naming “Joseph Acosta” (Ravena), and the police hot-pursuit arrests of Suarez and Vicencio. The defense presented denials and alibi accounts from the accused and witnesses: each described drinking in the videoke bar with timelines purporting to show they were elsewhere or that the encounter was spontaneous, and claimed arrest without explanation. The RTC, Branch 35, Iloilo City, found the eyewitness Nancy credible, accepted Roger’s dying declaration, declined to find treachery but found abuse of superior strength and conspiracy, and on June 21, 2013 convicted the three of Murder under Article 248 of the Revised Penal Code, sentencing each to reclusion perpetua and ordering civil damages.
The Court of Appeals, in CA-G.R. CEB-CR H.C. No. 01723, on October 20, 2015 affirmed the RTC decision in toto. The defendants appealed to the Supreme Court; the case was calendared ...(Subscriber-Only)
Issues:
- Are the trial court’s and Court of Appeals’ findings on the credibility of the eyewitness Nancy and the weight of the dying declaration sufficiently supported to establish the identities of the perpetrators beyond reasonable doubt?
- Was there sufficient proof of conspiracy and concerted action such that all three accused are liable as co-principals?
- Did the evidence establish the qualifying circumstance of abuse of superior strength to elevate the killing to Murder under Article 248 of the Revised Penal Code, or should ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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