GR 26539; (March, 1927) (Digest)
G.R. No. 26539, March 30, 1927
People of the Philippine Islands vs. Florentino Soriano
Ponente: Malcolm, J.
FACTS
Florentino Soriano, a Constabulary soldier, was charged with murder for the death of his fellow soldier, Simeon Selga. The incident occurred during the Constabulary riot in San Fernando, Pampanga, on May 23, 1926. Soriano left a dance hall where trouble began, went to the barracks to get his weapon and ammunition, and returned to the scene. During the riot, he shot and fatally wounded Selga. The trial court, with the concurrence of two assessors, found Soriano guilty based on circumstantial evidence, his own admissions, the ante mortem statement of the dying victim Selga (identifying Soriano as the assailant), and the testimonies of Corporal Umali and soldier Braulio Pascua. Soriano appealed, challenging the credibility of witnesses and sufficiency of evidence.
ISSUE
Whether the trial court erred in convicting Soriano of murder based on the evidence presented, particularly the admission of testimonies from fellow Constabulary soldiers Umali and Pascua.
RULING
No. The Supreme Court affirmed the conviction. The guilt of Soriano was proven beyond a reasonable doubt by:
1. Circumstantial evidence and his own admissions.
2. The ante mortem statement of the victim, Simeon Selga.
3. The testimonies of Corporal Umali and Braulio Pascua.
The Court rejected the defense’s contention that the testimonies of Umali and Pascua were improperly admitted. Citing previous interpretations of Act No. 2709, the Court held that the inclusion of these witnesses for the prosecution was permissible under a liberal construction of the law. The crime was properly qualified as murder due to the presence of *alevosia* (treachery). No aggravating or mitigating circumstances were present. The penalty of *cadena perpetua* (life imprisonment) was affirmed.
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