People v. Albino
G.R. No. 229928
July 22, 2019
FACTS:
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.
ISSUE:
Whether
or not the CA erred in convicting him for murder.
HELD:
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.
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