PEOPLE v. SORIANO

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARLON SORIANO y NARAG Accused-Appellant.

G.R. No. 216063

June 05, 2017

FACTS: 

On the afternoon of February 9, 2004 at Linao East, Tuguegarao City, Marlon Soriano y Narag stabbed to death Perfecto Narag (Perfecto), his 71 – year old maternal uncle who was a retired Philippine Army officer. The said crime was witnessed by Ederlina A. Narag the wife of victim and Villamor Pagulayan the tricycle driver in their employ. The Regional Trial Court (RTC) of Tuguegarao City found the accused MARLON SORIANO y Narag GUILTY beyond reasonable doubt of MURDER under the Revised Penal Code and is hereby sentenced to suffer the penalty of Reclusion Perpetua without possibility of parole and civil damages. Aggrieved appellant sought recourse before the Court of Appeals (CA). The CA sustains the findings of the RTC that Marlon is guilty beyond reasonable doubt of murder.

ISSUE:

Whether or not Marlon Soriano y Narag is guilty of Murder beyond reasonable doubt? 

HELD: 

Yes, Marlon Soriano y Narag is guilty of Murder beyond reasonable doubt. The information alleges two (2) qualifying aggravating circumstances, to wit: treachery and evident of premeditation and two (2) generic aggravating circumstances of dwelling and disrespect to the victim who is already old. The Honorable court proved this qualifying circumstance of treachery with the two generic aggravating circumstances. WHEREFORE, the appeal is hereby DISMISSED. The Decision of the Court of Appeals in CA-G.R. CR-HC No. 04241 is AFFIRMED with MODIFICATIONS. Appellant Marlon Soriano y. Narag is ORDERED to pay the heirs of Perfecto Narag the amounts Php 100,000.00 as civil indemnity, Php 100,000.00 as moral damages, Php 100,000.00 as exemplary damages, and Php 50,000.00 as temperate damages. SO ORDERED.