Case Digest (G.R. No. 148123)
Facts:
The case under consideration involves petitioner Rene Soriano, also known as "Renato," who was charged with the complex crime of homicide with frustrated homicide. The incident occurred on December 29, 1994, around 9:30 PM in San Carlos City, Pangasinan. The charges stem from the fatal shooting of Ernesto Amarillo and the serious wounding of Soledad Ferrer. The Information, filed as Crim. Case No. SCC-2348, alleged that Soriano, armed with a firearm and with the intent to kill, unlawfully attacked both victims, causing Amarillo's immediate death and inflicting serious injuries on Ferrer. The prosecution presented eyewitness Benjamin Cabansag, who claimed to have witnessed the shooting. He testified that he saw Soriano exit a tricycle, take an armalite rifle from his house, and fire shots that hit both victims riding on a motorbike. While Amarillo died from the shot, Ferrer survived serious injuries, which impaired her ability to testify.
In his defense, Soriano d
...Case Digest (G.R. No. 148123)
Facts:
Incident Details On December 29, 1994, at around 9:30 p.m. in San Carlos City, Pangasinan, petitioner Rene Soriano allegedly shot and killed Ernesto Amarillo and seriously wounded Soledad Ferrer. The prosecution charged Soriano with the complex crime of homicide with frustrated homicide.Prosecution’s Case
- Benjamin Cabansag, a tricycle driver and eyewitness, testified that Soriano fired shots randomly, hitting Amarillo and Ferrer, who were riding a motorbike. Amarillo died on the spot, while Ferrer survived but sustained severe injuries.
- Police investigator Roger Doldol confirmed the crime scene, identifying Amarillo and Loreto Soriano (petitioner’s brother) as the dead. Ferrer was also confirmed as a victim.
- Dr. Rachel Leyva-Uy, who conducted the autopsy on Amarillo, concluded that the fatal wound came from behind. Dr. Manuel Austria testified that Ferrer’s injuries rendered her unable to testify.
Defense’s Case
- Soriano denied the charges, claiming he was stationed at Camp Boloan, Kalinga, Apayao, on the night of the incident. His alibi was corroborated by fellow army officers.
- Defense witnesses Carmen Soriano and Luciano Soriano testified that Benjamin Cabansag was at a wake during the incident, casting doubt on his presence at the crime scene.
Issues:
- Whether the prosecution proved Soriano’s guilt beyond reasonable doubt.
- Whether the Court of Appeals erred in affirming the trial court’s conviction based on the credibility of the prosecution’s witness, Benjamin Cabansag.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)