Case People vs. Soriano, G.R. No.

216063, 5 June 2017

Facts Perfecto 71 years of age is Soriano's uncle.

Prior to the killing, there is a stabbing incident involved between the two
already. It is a feud between the families of the parties for Soriano's mother
was deprived of a legitimate share of a common residential house in
Tuguegarao.

The prior incident:

Perfecto yelled at Soriano while outside of the residential house to step out,
Perfecto swung a knife at him and injured his knee. He surrendered to a
Barangay Councilman and was brought to hospital. There is no evidence of
medical certificate because the hospital did not issue any to him.

Such prior altercation was affirmed by Ederlina.

The stabbing incident itself:

Soriano went to the dwelling of Perfecto and his wife, Ederlina. Soriano
asked Ederlina where Perfecto is, he immediately barged in went in to
Perfecto's room. When Ederlina saw Soriano carrying a bladed weapon, she
shouted and warned Perfecto to close his room.

Perfecto tried to shut the door, but no avail as he was grabbed in the neck
by Soriano and stabbed him at the right chest.

Ederlina tried to stop Soriano but was pushed and stabbed her in the right
wrist and forehead, but still pleaded to stop stabbing Perfecto. But the
stabbing still continued. Perfecto tried to also plea but no avail.

Villamor, tricycle driver, heard Ederlina scream. So he went into the house
and witnessed the stabbing being fone by Soriano to Perfecto. Villamor
initially was able to stop Soriano by grabbing him by the neck. Perfecto
succeeded killing Perfecto.

Now Soriano wants to stab Villamor, but Villamor was able to run out of the
house. Martin (Soriano's bro) stopped Villamor and tried to convince him to
not tell the police regarding the incident but Villamor ran and told the police.

Issue a) Is treachery present?

b) Is evident Premeditaion present?
c)Is disregard of dwelling present?
d) is disregard of age present?
e) Is voluntary surrender present?

Ruling Yes,The fact that Ederlina Narag was able to shout at the victim to close his
room does not rule out the presence of treachery. It has been ruled that
while a victim may have been warned of possible danger to his person,
[there is treachery nonetheless when] the attack was executed in such a
 manner as to make it impossible for the victim to retaliate, The case at bar
typifies this doctrine for the victim had no opportunity to defend himself
precisely because it was simply unexpected to be the subject of an attack
right inside his own abode and he was unarmed, with no opportunity to put
up a defense. It must also be noted that the victim was already old and that
his reflexes could have been worn down by age so he could not have been
in a position to swiftly and sufficiently ward off the attack

No,Prosecution evidence [failed] to show when the accused planned to

commit the offense and that he reflected on the means to bring about its
execution following an appreciable length of time.

Yes, Soriano did not only go into the dwelling, but also went into the room of
Perfecto.

Yes, The accused knew fully well that the victim was already old because he
is his uncle. The accused perpetrated the act against his ageing uncle
knowing that by himself, said victim's physical condition due to old age
would not allow him to sufficiently defend himself anymore.

YES, Soriano left the place of incident and proceeded to the barangay hall
where he surrendered to Barangay Councilman Benigno Lucas. It is
significant to note that there is no evidence to show that the police or any
law enforcement agency exerted any effort to locate the accused. By 5:00
o'clock in the afternoon, the accused was already turned over to PTU Don
Domingo

Doctrine Treachery is the direct employment of means, methods, or forms in the

execution of the crime against persons which tend directly and specially to
insure its execution, without risk to the offender arising from the defense
which the offended party might make.
Evident premeditation
(a) the time when the offender determined to commit the crime;
(b) an act manifestly indicating that the offender clung to his determination
[to commit the crime];
(c) a sufficient interval of time between the determination and the execution
of the crime to allow him to reflect upon the consequences of his act.
Dwelling aggravates a felony where the crime was committed in the
dwelling of the offended party, if the latter has not given provocation or if the
victim was killed inside his house.
Age offender attacks the victim for he knows the age and disregards it.
Voluntary surrender is to surrender to a law enforcement authority prior to
the serving of warrant of arrest.