PEOPLE OF THE PHILIPPINES, vs. MARLO RODICO y SERRANO, VICTORIO RODICO & JOHN DOE, accused.
- G.R. Number: G.R. No. 107101
- Promulgated: 1995-10-16
- Ponente: Narvasa, J.
Doctrine
Abuse of superior strength may be appreciated when assailants, acting in concert, immobilize an unarmed victim and one delivers the fatal blow.
Voluntary surrender is a mitigating circumstance only if spontaneous; lengthy delay after issuance of an arrest warrant negates spontaneity and the mitigation.
When the accused is convicted of murder without mitigating circumstances, the penalty of reclusion perpetua is proper.
Facts
Accused-appellant Victorio Rodico, together with Marlo Rodico and a John Doe, were charged for the Christmas-day killing of Dominador delos Santos in an Information filed 24 April 1991 before the RTC, Tayug, Pangasinan.
The trial court found both Marlo and Victorio Rodico guilty beyond reasonable doubt and sentenced them to reclusion perpetua, ordered payment of compensatory, moral damages and funeral expenses.
Pursuant to Administrative Circular No. 2092, both accused were committed to the National Penitentiary pending appeal; bail bond cancelled and released to bondsmen.
Issues
Whether appellant was properly found guilty beyond reasonable doubt of murder.
Whether the qualifying circumstance of abuse of superior strength was established.
Whether the mitigating circumstance of voluntary surrender applies to appellant.
Whether the penalty imposed (reclusion perpetua) was proper given the findings.
Ruling
Yes. The Court affirmed the conviction for murder, holding appellant guilty beyond reasonable doubt as one of the conspirators who killed the victim; the assailed decision of 15 May 1992 is AFFIRMED in toto.
Yes. The Court found the qualifying circumstance of abuse of superior strength adequately established where two assailants pinned the unarmed victim while the third stabbed him.
No. Voluntary surrender was properly disregarded as mitigating because appellant surrendered nearly eight months after the warrant of arrest, negating spontaneity.
The imposition of reclusion perpetua was proper since appellant was convicted of murder without any mitigating circumstance; sentence affirmed.
Keywords
G.R. No. 107101, PEOPLE OF THE PHILIPPINES v. MARLO RODICO y SERRANO, VICTORIO RODICO & JOHN DOE, Article 248 of the Revised Penal Code, GUILTY beyond reasonable doubt, Reclusion Perpetua, compensatory damages, moral damages, actual funeral expenses, Administrative Circular No. 2092, conspiracy, notches of proof beyond reasonable doubt, ante mortem statement, custodial investigation, stab wound, penetrating, perforating and lacerating the liver, Revised Penal Code, Regional Trial Court, crime charged, marlo rodico, appellant