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PEOPLE vs. Filemon Notarte, Et Al.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FILEMON NOTARTE, NICANOR PAJAC and JULIO PAJAC, defendants. FILEMON NOTARTE, defendant-appellant.

G.R. No. L-6371 | 1955-09-28

D E C I S I O N


PADILLA, J.:

On 18 January 1952, at 6:30 o'clock in the evening, Benjamin Giray, his wife Luisa Yaranon and his mother Preciosa Alburan took dinner in their house at Bahian, barrio of Anongo, municipality of Catubig, province of Samar, the floor of the house being less than one meter from the ground. After taking their repast Benjamin Giray sat on a hammock. His wife and mother sat near him and the former began to peel gabe root. No sooner had they been in that position then a gun report was heard and Benjamin Giray moaned uttering these word: "Aroy, I was hit. I shall die." He staggered and fell down near the door of...