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    People Vs Dasmariñas

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    Liz M
    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JERSON DASMARINAS y GONZALES,, Accused-Appellant G.R. No. 203986 October 4, 2017

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    People Vs Dasmariñas

    Uploaded by

    Liz M
    184 views1 page
    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JERSON DASMARINAS y GONZALES,, Accused-Appellant G.R. No. 203986 October 4, 2017

    Original Title

    People vs Dasmariñas

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    © © All Rights Reserved

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    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JERSON DASMARINAS y GONZALES,, Accused-Appellant G.R. No. 203986 October 4, 2017

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    184 views1 page

    People Vs Dasmariñas

    Uploaded by

    Liz M
    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JERSON DASMARINAS y GONZALES,, Accused-Appellant G.R. No. 203986 October 4, 2017

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    IV.

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee


    vs.
    JERSON DASMARINAS y GONZALES,, Accused-Appellant G.R. No. 203986
    October 4, 2017

    Facts: 
    Jerson Dasmariñas and Nino Polo were charged for the murder of PO2 Marlon Anoya.
    The information averred that:

    x x x the above-named accused, conspiring and confederating together and both


    of them mutually helping and aiding each other without justifiable motive, with
    intent to kill and with treachery, abuse of superior strength, and evident
    premeditation (sic), did then and there knowingly, unlawfully and feloniously
    attack, assault and use personal violence upon one PO2 MARLON N. ANOYA, by
    then and there shooting him twice on his head, thereby inflicting upon the latter
    mortal wound which directly caused her (sic) death x x x.

    After the trial, the RTC pronounced Dasmariñas guilty of murder but acquitted Polo. The
    Court of Appeals affirmed this decision hence this appeal. Dasmariñas argued that the
    prosecution failed to prove his guilt beyond reasonable doubt.

    Issue: 
    Whether or not the prosecution failed to prove Petitioners guilt beyond reasonable
    doubt and if the crime he was convicted with is proper

    Ruling:
    The appeal lacks merit but the Court held that the conviction of Dasmariñas for murder
    cannot be upheld. He is properly liable only for homicide.

    The mere usage of the term treachery in the information without anything more did not
    suffice for such term was a conclusion of law, not a factual averment. Section 9, Rule 110 of
    the 2000 Rules on Criminal Procedure requires the use of ordinary and concise language and not necessarily in the
    language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being
    charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

    The court cited the following jurisprudence: 


    No information for a crime will be sufficient if it does not accurately and clearly allege
    the elements of the crime charged. Every element of the offense must be stated in the
    information. What facts and circumstances are necessary to be included therein must
    be determined by reference to the definitions and essentials of the specified crimes.
    (People vs Dimaano) 

    The accused cannot be convicted of a crime, even if duly proven, unless it is alleged or
    necessarily included in the information filed against him. (People vs Manalili)

    In this case, the acts constitutive of treachery were not sufficiently averred in the
    information. 

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