GR L 24804; (July, 1968) (Digest)
G.R. No. L-24804 July 5, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCIANO PARAYNO @ Cianong and JOSE PARAYNO, defendants-appellants.
FACTS
On September 1, 1956, in Barrio Capataan, San Carlos, Pangasinan, Marciano Parayno and his son Jose Parayno were accused of murdering nine-year-old Rodrigo Fernandez. The prosecution’s evidence, primarily from the victim’s cousins Federico and Leonardo Fernandez (both aged 13), stated that the boys were gathering fruits from a “payar” tree on Marciano’s fishpond when Marciano shouted at them to stop. As the boys fled, Rodrigo, who could not swim, was left behind. Marciano caught up with Rodrigo and struck him on the neck with a piece of wood, causing him to fall. Jose then suggested, “Let us roll him, father, so that it will be concluded that he drowned,” after which they rolled the unconscious boy into the river. The victim’s body was later retrieved by his father, Francisco Fernandez. The autopsy report indicated a marked swelling on the neck (caused by a hard blunt object) and signs of asphyxia by drowning. The accused were arrested and charged with murder with evident premeditation and taking advantage of superior strength.
ISSUE
Whether the accused, Marciano Parayno and Jose Parayno, are guilty beyond reasonable doubt of the crime of murder as charged.
RULING
The Supreme Court modified the decision of the lower court. It acquitted Jose Parayno due to insufficient evidence to prove his participation in a conspiracy beyond reasonable doubt. The Court found that the evidence did not conclusively establish that Jose’s alleged statement was actually made or that he shared a common criminal intent with his father.
The Court convicted Marciano Parayno, but only of the crime of Homicide, not Murder. The qualifying circumstances of evident premeditation and taking advantage of superior strength were not proven. The intent to kill was not apparent from Marciano’s initial threat (“I will beat you all”), and the evidence was not conclusive that the neck injury was fatal, as the victim died from drowning. Furthermore, the evidence that Marciano intentionally rolled the victim into the river was not free from doubt. Marciano Parayno was sentenced under the Indeterminate Sentence Law to an imprisonment term of not less than six (6) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. He was also ordered to indemnify the heirs of the victim.