People v. Albino


People v. Albino

G.R. No. 229928

July 22, 2019


                The RTC and CA convicted Dexter Aspa Albino for the crime of murder. On May 9, 2009 Jerome Soriano and his siblings Maita and Marlon were attending a benefit dance in Brgy. San Mateo, Carigara, Leyte. They were dancing with fellow residents to the music they requested exclusively for themselves. Appellant's group, however, danced and mixed with them, thus, causing tension. Around 12:45 in the early morning the following day, an altercation ensued just outside the dance area between appellant's group and some residents in the area. He and Marlon tried to pacify them but appellant drew a revolver from his pocket and shot Marlon in the chest without any warning. As a result, Marlon fell to the ground. He (Jerome) and his friends rushed Marlon to the hospital. Marlon eventually died in the hospital. He was able toIdentify his brother's assailant because the benefit dance was held at a basketball court which was illuminated by six (6) mercury lamps. Too, he was merely two arms-length away from his brother when the latter got shot.


                Whether or not the CA erred in convicting him for murder.


                Yes. Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. Also in People v. Tugbo, Jr. the Court held that treachery was not present because the attack was frontal, and hence, the victim had opportunity to defend himself. While a frontal attack, by itself, does not negate the existence of treachery, when the same is considered along with the other circumstances as previously discussed, it already creates a reasonable doubt in the existence of the qualifying circumstance. From the foregoing, the Court must perforce rule in favor of Pilpa and not appreciate the said circumstance.


No comments:

Post a Comment