Case Summary (G.R. No. 79347)
Charge and Proceedings
On May 12, 2009, Dexter Aspa Albino was formally charged with murder for the shooting death of Marlon Dionzon Soriano, based on an Information that detailed the intention to kill, the circumstances of treachery, and the use of an unlicensed firearm. Upon arraignment, Albino pleaded "not guilty." The trial court, located at the Regional Trial Court Branch 13 in Carigara, Leyte, proceeded with the hearing, where multiple witnesses testified for both the prosecution and the defense.
Prosecution's Testimony and Evidence
The prosecution's case was primarily built on the testimonies of Jerome Soriano and Arwin Terrado, who described the events leading up to the shooting during a local benefit dance. The testimony indicated that an altercation broke out, during which Dexter Albino brandished a revolver and shot the victim without warning. Medical evidence provided by Dr. Ma. Bella V. Profetana confirmed that the victim died from a gunshot wound, resulting in massive bleeding.
Defense Argument
In his defense, Albino claimed he had merely reacted to a physical altercation initiated by Jerome Soriano. He stated he did not witness who shot Marlon and felt threatened. Pablo Flores, a defense witness, corroborated Albino's account. The defense emphasized the lack of motive and questioned the prosecution's evidence regarding the alleged treachery.
Trial Court's Ruling
The trial court rendered a judgment on November 12, 2012, convicting Albino of murder under Article 248 of the Revised Penal Code. The court found substantial evidence supporting the prosecution's claims, noting the presence of treachery due to the sudden and unprovoked attack on an unsuspecting victim. The appellant was sentenced to reclusion perpetua and ordered to pay various damages, including Php75,000 as civil indemnity.
Appeal to Court of Appeals
Albino appealed the trial court's decision, arguing that the prosecution failed to establish the qualifying circumstance of treachery. The Office of the Solicitor General defended the original ruling, asserting that treachery was evident based on witness testimonies. The Court of Appeals upheld the trial court's decision on September 13, 2016, with some modifications, including the imposition of interest on awarded damages.
Supreme Court's Ruling
Upon further review, the Supreme Court concluded that the evidence did not convincingly demonstrate the presence of treachery, which is necessary to uphold a murder conviction. The court underscored that for treachery to apply, the attack must be premeditated and executed without warning, ensur
...continue readingCase Syllabus (G.R. No. 79347)
The Case
- This appeal challenges the Decision dated September 13, 2016, from the Court of Appeals, which affirmed the conviction of appellant Dexter Aspa Albino @ Toyay for murder, with modifications.
- The case involved the fatal shooting of Marlon Dionzon Soriano on May 10, 2009, in Carigara, Leyte, Philippines.
The Charge
- Appellant was charged with murder via an Information dated May 12, 2009, alleging he conspired with unidentified co-accused to kill Soriano with deliberate intent and treachery, using an unlicensed firearm.
- The indictment specified that the shooting resulted in a gunshot wound to the chest, which was the immediate cause of death.
Proceedings Before the Trial Court
- The case was assigned to the Regional Trial Court - Br. 13, Carigara, Leyte, where the appellant pleaded "not guilty" during arraignment.
- Key prosecution witnesses included:
- Jerome Soriano (victim's brother)
- Arwin Terrado (neighbor)
- Gertrudes Soriano (victim's mother)
- PO2 Noel M. Melgar (police officer)
- Dr. Ma. Bella V. Profetana (forensic expert)
The Prosecution's Version
- Jerome Soriano testified about attending a benefit dance with family and friends, where an altercation broke out with appellant's group.
- He described seeing appellant draw a revolver and shoot Marlon without warning, leading to Marlon's eventual death in the hospital.
- Arwin Terrado corroborated Jerome’s account, confirming the shooting took place in a well-lit area, allowing for clear identification of the assailant.
- Dr. Profetana's examination confirmed the cause of death was massive bleeding due to the gunshot wound.
- Gertrudes Soriano provided evidence o